harm, including the threat to take such acts; or to undertake the
imposition of arbitrary restrictions on or deprivation of fundamental
freedoms in private or public life…”27
122.
Discrimination as defined by Article 1 of CEDAW is:
AC
HP
R
[A]ny distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.28
123.
Furthermore, in its General Recommendation No. 19, the CEDAW
Committee established the correlation between discrimination against
women and gender-based violence by stating that:
The definition of discrimination includes gender-based violence, that is, violence
that is directed against a woman because she is a woman or that affects women
disproportionately. It includes acts that inflict physical, mental or sexual harm or
suffering, threats of such acts, coercion and other deprivations of liberty. Genderbased violence may breach specific provisions of the Convention [CEDAW],
regardless of whether those provisions expressly mention violence.29
124.
The Complainants argue that, in violation of Article 2 of the African
Charter, the Victims were discriminated against in the enjoyment of their
27
Ibid. Article 1 (j).
28
CEDAW Article 1.
29
The United Nations Committee on the Elimination of Discrimination against Women, General
Recommendation No. 19 (1992), para. 6.
35
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