CEDAW/C/GC/35
lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum, being a
refugee, internally displaced or stateless, widowhood, migration status, heading
households, living with HIV/AIDS, being deprived of liberty, and being in
prostitution, as well as trafficking in women, situations of armed conflict,
geographical remoteness and the stigmatization of women who fight for their rights,
including human rights defenders. 11 Accordingly, because women experience
varying and intersecting forms of discrimination, which have an aggravating
negative impact, the Committee acknowledges that gender -based violence may
affect some women to different degrees, or in different ways, meaning that
appropriate legal and policy responses are needed. 12
13. The Committee recalls article 23 of the Convention, in which it is indicated
that any provisions in national legislation or international treaties other than the
Convention that are more conducive to the achievement of equality between women
and men will prevail over the obligations in the Convention and, accordingly, the
recommendations in the present general recommendation. The Committee notes that
States parties’ action to address gender-based violence against women is affected by
reservations that they maintain to the Convention. It also notes that, as a human
rights treaty body, the Committee may assess the permissibility of reservations
formulated by States parties, 13 and reiterates its view that reservations, especially to
article 2 or article 16, 14 the compliance with which is particularly crucial in efforts
to eliminate gender-based violence against women, are incompatible with the object
and purpose of the Convention and thus impermissible under article 28 (2). 15
14. Gender-based violence affects women throughout their life cycle 16 and,
accordingly, references to women in the present document include girls. Such
violence takes multiple forms, including acts or omissions intended or l ikely to
__________________
11
12
13
14
15
16
17-12719
General recommendation No. 33, paras. 8 and 9. Other general recommendations relevant to
intersecting forms of discrimination are general recommendation No. 15 (1990) on the avoidance
of discrimination against women in national strategies for the prevention and control of AIDS,
general recommendation No. 18 (1991) on disabled women, general recommendation No. 21
(1994) on equality in marriage and family relations, general recommendation No. 24 (1999) on
women and health, general recommendation No. 26 (2008) on women migrant workers, general
recommendation No. 27 (2010) on older women and protection of their human rights, general
recommendation No. 30, joint general recommendation No. 31/general comment No. 18, general
recommendation No. 32 and general recommendation No. 34. The Committee has also addressed
intersecting forms of discrimination in its views on Jallow v. Bulgaria, S.V.P. v. Bulgaria, Kell v.
Canada, A.S. v. Hungary, R.P.B. v. Philippines and M.W. v. Denmark, among others, and
inquiries, in particular those concerning Mexico, of 2 005, and Canada, of 2015 (see footnote 7
above).
General recommendation No. 28, para. 18; and report of the inquiry concerning Canada
(CEDAW/C/OP.8/CAN/1), para. 197.
International Law Commission, Guide to practice on reservations to treaties (A/65/10/Add.1,
chap. IV, sect. F, para. 3.2).
Statement of the Committee on reservations (A/53/38/Rev.1, part II, chap. I, sect. A, para. 12);
see also general recommendation No. 29 (2013) on the economic consequences of marriage,
family relations and their dissolution, para. 54-55. In its concluding observations on the reports
of States parties under the Convention, the Committee has also indicated that reservations to
articles 2, 7, 9 and 16, as well as to general reservations, are incompatible with the object and
purpose of the Convention.
General recommendation No. 28, paras. 41-42.
See general recommendation No. 27 and joint general recommendation No. 31/general comment
No. 18.
5/19