CEDAW/C/68/D/91/2015
is of the view that, as long as the violence towards a former spouse or partner stems
from that person being in a prior relationship with a perpetrator, as in the present
case, the time that has elapsed since the end of the relationship is irrelevant, as is
whether the persons concerned live together. The Committee also recalls that,
pursuant to the Istanbul Convention, domestic violence is defined as “acts of
physical, sexual, psychological or economic violence that o ccur within the family or
domestic unit or between former or current spouses or partners, whether or not the
perpetrator shares or has shared the same residence with the victim ” (art. 3 (b)). The
Convention includes no statutory time limit on how long after the end of a
relationship a spouse or partner can claim that the violence perpetrated by the
ex-partner falls within the definition of “domestic” violence. The Committee
therefore considers that K.’s actions towards the author fall within the definition of
domestic violence.
7.5 The Committee also recalls that, under articles 2 (a), (c), (d) and (e) and 5 (a)
of the Convention, the State party has a duty to modify or abolish not only existing
laws and regulations, but also customs and practices that const itute discrimination
against women. In that regard, the Committee stresses that stereotyping affects
women’s rights to a fair trial and that the judiciary must be careful not to create
inflexible standards on the basis of preconceived notions of what const itutes
domestic or gender-based violence, as noted in its general recommendation No. 33
(2015) on women’s access to justice. 11
7.6 In the present case, the compliance of the State party with its obligations under
articles 2 (a), (c), (d) and (e) and 5 (a) of the Convention to eliminate gender
stereotypes needs to be assessed in the light of the level of gender sensitivity
applied in the judicial handling of the author ’s case. In that regard, the Committee
notes that it took the District Court 22 days, instead of the 3 prescribed by law, to
rule on the author’s petition that she be provided with protective measures. The
Committee also notes with concern that the author submitted official complaints to
the police four times between February and August 2013 and that all her complaints
resulted in refusals to initiate criminal proceedings, despite the direct order received
from the District Prosecutor ’s Office and the District Court to interrogate K. and
carry out all other necessary investigative procedures. No o ther measures were
taken by the authorities to protect the author against the violence by her former
partner and, more than three years after the events in question took place, the
authorities had still not even interrogated K. When it eventually ruled on the
petition, the Court referenced the refusal by the police to initiate criminal
proceedings against K. and the absence of a “real threat” as a basis for refusing to
provide protective measures, even though one month earlier the same court had
found the same refusal to be unlawful and unsubstantiated. The Committee notes
that none of these facts has been disputed by the State party and that, read as a
whole, they indicate that, by failing to investigate the author ’s complaint about
death threats and threats of violence promptly, adequately and effectively and by
failing to address her case in a gender-sensitive manner, the authorities allowed
their reasoning to be influenced by stereotypes. The Committee therefore concludes
that the State party’s authorities failed to act in a timely and adequate manner and to
protect the author from violence and intimidation, in violation of the obligations
under the Convention.
7.7 The Committee further notes the author ’s submission that, to date, the
legislation in the State party does not include a definition of domestic violence and
does not provide effective legal protection against domestic violence. In that regard,
the Committee recalls that, under article 3 of the Convention, States parties “shall
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10/12
See also L.R. v. Republic of Moldova, para. 13.6.
17-21669