General Recommendation 19 imposes several obligations on State Parties to overcome all
forms of gender-based violence in the context of an armed conflict. Some of these require
States to:
criminalise gender-based war crimes, crimes against humanity and persecution in
their domestic laws;
ensure that any violations are investigated and perpetrators brought to justice;
provide complaints mechanisms to women victims and compensation whether the
abuse occurred at the hands of the State, an armed group or a private individual;
create specialised counselling and support services for women victims;
provide gender-sensitive training for all military personnel and others involved in
the conflict;
have campaigns to counter stereotypical perceptions that encourage, tolerate
conflict related violence against women, including those against the ‘enemy
women.’146
The Optional Protocol to CEDAW 147 adopted in 1999 strengthens the mandate of the CEDAW
Committee and offers a complaints procedure for individual women or groups of women to
petition the Committee about their violation. It has since, significantly added to the
jurisprudence of the CEDAW Committee on violence against women.
5.1.2 Admissibility and Procedures
There are no admissibility requirements in addition to those stated in section 3. The
procedure provides that once the CEDAW Committee registers a request, it will
simultaneously consider the admissibility and merits. A time limit is fixed for the State to
submit observations before the matter can be subject to a decision of the Committee. It
can make recommendations to the State Party in its decision. The State Party is asked to
submit a written report, within six months following the receipt of the decision and
possible recommendations of the Committee, with detailed information on the measures
taken as a response to these observations and recommendations. 148
Article 8 of the Optional Protocol to CEDAW allows the Women’s Committee to undertake
confidential inquiries upon receipt of information of grave or systematic violations. The
State Party is requested to cooperate in the examination of the material. One or more
members of the Committee are designated to conduct an inquiry and to report to the
Committee as a whole. Such an inquiry may include a visit to the territory of the State
Party if the State Party gives consent. Article 10 allows State Parties to opt out of these
procedures. For the inquiry procedure to be activated the information must relate to
multiple violations that are grave and derived from reliable source.149
5.1.3 Significant Decisions on Violence
The cases of violence that come to the CEDAW Committee have almost always been related
to a State failure to protect women from violence by private actors. There are however
significant decisions that are positive for women exploring the potential of sending
communications to the CEDAW Committee.
i)
Domestic violence
Among the oft-cited cases of violence is the above-referred A.T. v. Hungary, where the
146
Making Rights a Reality- Violence Against Women in Armed Conflict, Amnesty International, AI Index:
ACT77/050/2004 p. 20 available at www.amnesty.org/actforwomen.
147
The Protocol entered into force on 22 December 2000. Available at:
http://www.unhchr.ch/html/menu3/b/opt_cedaw.htm .
148
Information available at: http://www.claiminghumanrights.org/cedaw_individual_communications.html.
149
supra note 1 at pps.134-135.
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