CEDAW/C/76/D/116/2017 7.7 Having found no impediment to the admissibility of the communication, the Committee proceeds to its consideration of the merits. Consideration of the merits 8.1 The Committee has considered the present communication in the light of all the information made available to it by the author and by the State party, as provided for in article 7 (1) of the Optional Protocol. 8.2 The Committee notes that the State party has taken measures to provide protection against conflict-related gender-based violence under its national strategy for processing war crimes, as well as the recently adopted Law on the Protection of Victims of Torture in the Republika Srpska. However, in order for the author to enjoy the practical realization of the principle of equality between women and men and of her human rights and fundamental freedoms, the political will that is expressed in that legislation must be supported by all State agents and bodies, which are bound by the obligations of the State party. 8.3 The Committee recalls that gender-based violence against women, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. 25 Under the obligation of due diligence, in particular in the private sphere, States parties must adopt and implement constitutional and legislative measures to tackle gender-based violence against women committed by non-State actors, also in the private sphere, having laws, institutions and a system in place to address such violence and ensuring that they function effectively in practice and are supported by all State agents and bodies, which diligently enforce the laws. The failure of a State party to take all appropriate measures to prevent acts of gender-based violence against women in cases in which its authorities are aware or should be aware of the risk of such violence, or the failure to investigate, prosecute and punish perpetrators and provide reparation to victims and survivors of such acts, provides tacit permission or encouragement to perpetrate acts of gender-based violence against women. Such failures or omissions constitute human rights violations. 26 In this context, the Committee reiterates that gender-based violence against women may amount to torture or cruel, inhuman or degrading treatment in certain circumstances, including in cases of war crimes such as rape, which may also constitute international crimes. 27 8.4 With regard to the author’s allegation that the State party had failed to provide her with access to information concerning the progress made in th e investigation, the __________________ 25 26 27 12/16 General recommendations No. 19 (1992) on violence against women (HRI/GEN/1/Rev.8, p. 302) and No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19 (CEDAW/C/GC/35). See also general recommendations No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations (CEDAW/C/GC/30) and No. 33 (2015) on women’s access to justice (CEDAW/C/GC/33), and the relevant resolutions of the Security Council on women and peace and security, in particular, resolution 1325 (2000). General recommendation No. 35, para. 24 (b). See general recommendation No. 35, para. 16; reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment ( A/HRC/31/57 and A/HRC/7/3, para. 36); concluding observations of the Committee against Torture on periodic reports submitted to it by Burundi (CAT/C/BDI/CO/1), Guyana (CAT/C/GUY/CO/1), Mexico (CAT/C/MEX/CO/4), Peru (CAT/C/PER/CO/5-6), Senegal (CAT/C/SEN/CO/3), Tajikistan (CAT/C/TJK/CO/2) and Togo (CAT/C/TGO/CO/1); Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and women ( HRI/GEN/1/Rev.9 (Vol. I), p. 228); concluding observations of the Human Rights Committee on periodic reports submitted to it by Slovakia (CCPR/CO/78/SVK), Japan (CCPR/C/79/Add.102) and Peru (CCPR/CO/70/PER); and the Rome Statute of the International Criminal Court, arts. 7 (1) (g), 8 (2) (b) (xxii) and 8 (2) (e) (vi). 20-11100