Human Rights our
Collective Responsibility
eliminate all forms of violence against ioomen.w the CEDAW Committee, General Comment
No. 1917 and the Commission decision in EIPR and INTERIGHTS v Egtjpt,18 which all
accept that Gender-Based Violence seriously inhibits women's rights to enjoy rights
and freedoms on a basis of equality with men.
64. The Complainants submitted, therefore that it is the obligation incumbent on States to
take steps to eliminate discrimination based on sex, induding violence against women.
In determining the State obligation in regard, the Complainant cited the CEDAW
Committee, General Recommendation No. 28,19 and submitted that States Parties must
respect, protect and fulfil women's rights to non-discrimination and the enjoyment of
equality.
65. Expounding on the obligation to respect, the Complainants submitted that it requires
that States, through their State agents or apparatus, refrain from making laws, policies,
regulations, programmes, administrative procedures and institutional structures that
directly or indirectly result in the denial of the equal enjoyment by women of their civil,
political, economic, social and cultural rights.2o
66. And the obligation to promote and fulfil women's rights to non-discrimination and the
enjoyment of equality encompasses States, at least, need to develop a national plan or
strategy for addressing violence against women; adequate funding and the creation of
appropriate national machinery to implement the national plan or strategy; and steps
are taken to identify the causes and consequences of violence against women, through
the generation and dissemination of gender-disaggregated data.s!
16
20 December 2012, para 2
17
See, Para 7
18 Communication
19
No. 323/2006, (2013), para. 165
Para 9
21See,para 24-49 of the Complainant Submission on Merits
131 P age
'_"
African! ;1
Union 'II
The African Commissio