CEDAW/C/58/D/47/2012
9.7 The Committee recalls that under article 2 (a) of the Convention, States
parties have the obligation to ensure by law or other appropriate means the
realization and practise of the principle of equality of men and women, and that
pursuant to articles 2 (f) and 5 (a), States parties have the obligation to adopt
appropriate measures to amend or abolish not only existing laws and regulations
but also customs and practices that constitute discrimination against women.
States parties also have the obligation, in accordance with article 16 (1), to adopt
all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relationships. In that regard, the
Committee stresses that stereotypes affect women’s right to impartial judicial
process and that the judiciary should not apply inflexible standards based on
preconceived notions about what constitutes domestic violence. 7 In this case, the
Committee considers that the authorities of the State party, in deciding on the
establishment of an unsupervised scheme of visits, applied stereotyped and
therefore discriminatory notions in a context of domestic violence and failed to
provide due supervision, infringing their obligations under articles 2 (a), (d), (e)
and (f); 5 (a); and 16, paragraph 1 (d) of the Convention.
9.8 The Committee notes that the author of the communication has suffered
harm of the utmost seriousness and an irreparable injury as a result of the loss of
her daughter and the violations described. Moreover, her efforts to obtain
redress have been futile. The Committee therefore concludes that the absence of
reparations constitutes a violation by the State party of its obligations under
article 2 (b) and (c) of the Convention.
9.9 The Committee notes that the State party has adopted a broad model for
dealing with domestic violence which includes legislation, awareness-raising,
education and capacity-building. However, in order for a woman victim of domestic
violence to see the practical realization of the principle of non-discrimination
and substantive equality and enjoy her human rights and fundamental freedoms,
the political will expressed by that model must have the support of public
officials who respect the obligations of due diligence by the State party. 8 These
include the obligation to investigate the existence of failures, negligence or
omissions on the part of public authorities which may have caused victims to be
deprived of protection. The Committee considers that, in the present case, that
obligation was not discharged.
10. In accordance with article 7, paragraph 3, of the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women
and taking into account all of the foregoing considerations, the Committee
considers that the State party has infringed the rights of the author and her
deceased daughter under articles 2 (a-f); 5 (a); and 16, paragraph 1 (d) of the
Convention, read jointly with article 1 of the Convention and general
recommendation No. 19 of the Committee.
11.
The Committee makes the following recommendations to the State party:
(a)
With regard to the author of the communication:
(i)
Grant the author appropriate reparation and comprehensive
compensation commensurate with the seriousness of the infringement of
her rights;
7
8
14-59288
Communication No. 20/2008, V.K. v. Bulgaria, Decision of 25 July 2011, para. 9.11.
Communication No. 5/2005, Goecke v. Austria, Decision of 6 August 2007, para. 12.1.2.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents