E/CN.4/2002/73/Add.2
page 20
69. Positive advances were subsequently achieved, in particular with general recommendation
No. 19, adopted at the eleventh session of CEDAW in 1992. That text, whose heading is the
same as that of recommendation No. 12 (“Violence against women”), which was adopted four
years previously, represents, like the work of the Human Rights Committee on article 3 of the
Covenant, an actual re-reading of the entire Women’s Convention. It contributes several points
of interest to the subject of the present study.
70. Even though article 1 of the Women’s Convention does not expressly refer to violence, the
Committee includes gender-based violence in the definition of prohibited discrimination as
provided for in that article and in relevant customary or treaty-based human rights norms, which
are thus extended to women.67 The Committee goes on to recognize that violence can arise from
private acts and not necessarily from action by the State, but the latter remains responsible if it
fails to act with due diligence to prevent, punish and provide compensation.68 In a third section,
the Committee extends violence against women to encompass “[t]raditional attitudes by which
women are regarded as subordinate to men or as having stereotyped roles perpetuat[ing]
widespread practices involving violence or coercion”.69
71. Going beyond an abstract and sectoral approach, the Committee specifically mentions a
large number of traditional practices that impair women’s status and not solely their health, as
had been the case in many previous instruments. Most of the practices referred to are based on
religion or imputed to religion or to customs which it is difficult to separate from religion in the
broad sense of the term. The Committee considers that their effect “on the physical and mental
integrity of women is to deprive them of the equal enjoyment, exercise and knowledge of human
rights and fundamental freedoms”. They include forced marriage, dowry deaths, acid attacks and
female excision (para. 11). Alluding to article 12 of the Convention, the Committee refers to
forms of violence which put women’s health and lives at risk: dietary restrictions for pregnant
women and female genital mutilation (para. 12); honour killings (para. 24 (q) (ii)); and cultural
situations which place women in an environment that is a potential source of violence: economic
dependence on their husbands (para. 23). It is probably the positive developments in perceptions
of women’s rights and also the persistence of negative religious and cultural practices affecting
women which explain CEDAW’s establishment of a causal link between the three factors of
discrimination, violence and traditional religious and/or cultural practices, which accordingly
call for measures in line with those developments.70
72. The approaches adopted by the Human Rights Committee and CEDAW complement one
another since, as will be seen in the factual part of the present study, while many religiously or
culturally based practices and norms affecting women’s status cannot be regarded—at least
directly—as a form of violence against women, they impair women’s status in the light of
religion and traditions. That applies to polygamy, inheritance discrimination and certain practices
related to marriage. CEDAW’s general recommendation No. 21 on equality in marriage and
family relations takes this aspect into account while emphasizing that the Women’s Convention
recognizes “the importance of culture and tradition in shaping the thinking and behaviour of men
and women and the significant part they play in restricting the exercise of basic rights by
women”.71 Alluding to certain provisions of the Convention, including articles 5, 9, 15 and 16,
CEDAW refers to discrimination in relation to giving evidence (para. 7); restrictions on choice
of domicile (para. 9); polygamy (para. 14);72 forced marriages or remarriages arranged for
payment or preferment (para. 16); family responsibilities (para. 17); women’s control over their
fertility (para. 21); choice of family name (para. 24); discrimination and inequality in the