CEDAW/C/58/D/47/2012
services pointed to the likelihood that there were inappropriate situations
consisting of repeated questions by the father of the daughter concerning the
private life of the mother, as well as the need to maintain continuous monitoring
of the visit regime. The Committee also observes that F.R.C., from the start of
the separation, systematically and without reasonable justification shirked his
obligation to provide child support. Although the author complained of this
situation repeatedly, adducing her difficult economic situation, it was not until
13 February 2003 that the judicial authorities took measures to garnish F.R.C.’s
wages. Similarly, the author had to wait three years for the court to hold a
hearing concerning her request for the use of the marital dwelling.
9.4 The Committee observes that during the time when the regime of judicially
determined visits was being applied, both the judicial authorities and the social
services and psychological experts had as their main purpose normalizing
relations between father and daughter, despite the reservations expressed by those
two services on the conduct of F.R.C. The relevant decisions do not disclose an
interest by those authorities in evaluating all aspects of the benefits or harms to
the child of the regime applied. It is also noteworthy that the decision which
ushered in a regime of unsupervised visits was adopted without a prior hearing
of the author and her daughter, and that the continued non-payment of child
support by F.R.C. was not taken into account in that context. All of these
elements reflect a pattern of action which responds to a stereotyped conception
of visiting rights based on formal equality which, in the present case, gave clear
advantages to the father despite his abusive conduct and minimized the situation
of mother and daughter as victims of violence, placing them in a vulnerable
position. In this connection, the Committee recalls that in matters of child
custody and visiting rights, the best interests of the child must be a central
concern and that when national authorities adopt decisions in that regard they
must take into account the existence of a context of domestic violence.
9.5 The Committee considers that the authorities of the State party initially
took actions to protect the child in a context of domestic violence. However, the
decision to allow unsupervised visits was taken without the necessary
safeguards and without taking into account that the pattern of domestic violence
that had characterized family relations for years, unquestioned by the State
party, was still present. It is enough to recall in that regard that the judicial
decision of 17 June 2002 referred to certain improper actions by F.R.C. in regard
to his daughter; that at the time F.R.C. continued not to pay child support with
impunity; and that he continued using the family dwelling in spite of the
author’s claims in that regard.
9.6 The Committee recalls its general recommendation No. 19 (1992),
according to which gender-based violence 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. 5 This discrimination is not limited to
acts committed by or on behalf of Governments. Thus, for example, under
article 2 (e) of the Convention, States parties commit to taking all appropriate
steps to eliminate discrimination against women practised by any person,
organization or enterprise. On this basis, the Committee considers that States
may also be responsible for acts of private persons if they do not act with due
diligence to prevent violations of rights or to investigate and punish acts of
violence and to compensate victims. 6
5
6
16
General recommendation No. 19 (1992) on violence against women, paras. 6 and 7.
Ibid, para. 9.
14-59288
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