CEDAW/C/GC/35
III. State party obligations in relation to gender-based violence
against women
21. Gender-based violence against women constitutes discrimination against
women under article 1 and therefore engages all obligations under the Convention.
Article 2 provides that the overarching obligation of States parties is to pursue by all
appropriate means and without delay a policy of eliminating discrimination against
women, including gender-based violence against women. That is an obligation of an
immediate nature; delays cannot be justified on any grounds, including economic,
cultural or religious grounds. In general reco mmendation No. 19, it is indicated that,
with regard to gender-based violence against women, the obligation comprises two
aspects of State responsibility for such violence, that which results from the act s or
omissions of both the State party or its actors, on the one hand, and non-State
actors, on the other.
A.
Responsibility for acts or omissions of State actors
22. Under the Convention and general international law, a State party is
responsible for acts or omissions of its organs and agents that constitute genderbased violence against women, 30 which include the acts or omissions of officials in
its executive, legislative and judicial branches. Article 2 (d) of the Convention
provides that States parties, and their organs and agents, are to refrain from
engaging in any act or practice of direct or indirect discrimination against women
and ensure that public authorities and institutions act in conformity with that
obligation. Besides ensuring that laws, policies, programmes and procedures do not
discriminate against women, in accordance with articles 2 (c) and (g), States parties
must have an effective and accessible legal and legal services framework in place to
address all forms of gender-based violence against women committed by State
agents, whether on their territory or extraterritorially.
23. States parties are responsible for preventing such acts or omissions by their
own organs and agents, including through training and the adoption, implementation
and monitoring of legal provisions, administrative regulations and codes of conduct,
and for investigating, prosecuting and applying appropriate legal or disciplinary
sanctions, as well as providing reparation, in all cases of gender -based violence
against women, including those constituting international crimes, and in cases of
failure, negligence or omission on the part of public authorities. 31 In so doing, the
diversity of women and the risks of intersecting forms of discrimination should be
taken into consideration.
B.
Responsibility for acts or omissions of non-State actors
24. Under general international law, as well as under international treaties, acts or
omissions of a private actor may engage the international responsibility of the State
in certain cases, which include the following:
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30
31
8/19
See International Law Commission, articles on responsibility of States for internationally
wrongful acts, article 4, Conduct of organs of a State. See also Protocol additional to the Geneva
Conventions of 12 August 1949, and relating to the protection of victims of international armed
conflicts, article 91.
See footnote 6 above and general recommendation No. 33.
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