CEDAW/C/73/D/100/2016
9.9 The Committee notes the authors’ claim, which remained unrefuted by the State
party, to the effect that the authorities, when addressing the authors’ claims, addressed
the acts of domestic violence as constituting “a private matter” and relied upon
stereotypical views and attitudes in its approach. The Committee reaffirms that the
Convention places obligations on all State organs and that States parties can be
responsible for judicial decisions that violate provisions of the Convention. 13 The
Committee also emphasizes that the full implementation of the Convention requires
States parties not only to take steps to eliminate direct and indirect discrimination and
improve the de facto position of women, but also to modify and transform gender
stereotypes and eliminate wrongful gender stereotyping, a root cause and a
consequence of discrimination against women. 14 Gender stereotypes are perpetuated
through various means and institutions, including laws and legal systems, and can be
perpetuated by State actors in all branches and at all levels of government and by
private actors. 15 The Committee also stresses that stereotyping affects the right of
women to a fair trial and that the judiciary must be careful not to create inflexible
standards on the basis of preconceived notions of what constitutes domestic or
gender-based violence, as noted in its general recommendation No. 33. 16
9.10 In the absence of further information of pertinence on file, the Committee
decides that due weight must be given to the authors’ allegations. Accordingly, the
Committee considers that the facts as submitted reveal a violation of the authors ’
rights under article 5 (a) of the Convention, taking into consideration the Committee ’s
general recommendations No. 19, No. 28, No. 33 and No. 35.
9.11 In the light of the foregoing conclusions, the Committee will not examine any
of the authors’ other claims.
10. In accordance with article 7 (3) of the Optional Protocol and taking into account
the foregoing considerations, the Committee considers that the State party has
infringed the rights of the authors under articles 2 (a), (e), (f) and (g), 3 and 5 (a) of
the Convention, read together with article 1 of the Convention and taking into
consideration the Committee’s general recommendations No. 19, No. 28, No. 33 and
No. 35.
11.
The Committee makes the following recommendations to the State party:
(a)
Concerning the authors of the communication:
(i) Proceed to a review of the judicial proceedings concerning the cases of
domestic violence against both authors, with a view to having the perpetrators
prosecuted and sanctioned;
(ii) Grant the authors appropriate reparation and comprehensive compensation
commensurate with the seriousness of the infringement of their rights and
provide them with rehabilitation services;
(iii) Conduct an exhaustive and impartial investigation to determine the
failures in the State party’s structures and practices that have caused the authors
to be deprived of protection;
(b)
General:
(i) Sign and ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence;
__________________
13
14
15
16
19-15442
See V.K. v. Bulgaria (CEDAW/C/49/D/20/2008), para. 9.11; and L.R. v. Republic of Moldova
(CEDAW/C/66/D/58/2013), para. 13.6.
See Belousova v. Kazakhstan (CEDAW/C/61/D/45/2012), para. 10.10.
See R.K.B. v. Turkey (CEDAW/C/51/D/28/2010), para. 8.8.
See L.R. v. Republic of Moldova, para. 13.6.
17/18
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