CEDAW/C/61/D/24/2009
national level notwithstanding, they do not seek a re-investigation of their
complaints. The authors further allude to the growing number of women who are
victims of violence and the low rate of reporting of cases of sexual domestic
violence owing to stigma and fear, 25 requesting the Committee to make the
following general recommendations to the State party to strengthen the application
of the legal framework: ensure effective, prompt and impartial investigations;
ensure access to civil and criminal remedies for victims of domestic violence; and
strengthen efforts to overcome stereotypical attitudes regarding the roles and
responsibilities of women.
Deliberations of the Committee
Consideration of the merits
9.1 The Committee has considered the present communication in the light of all
the information placed at its disposal by the authors and by the State party, in
accordance with the provisions of article 7 (1) of the Optional Protocol.
9.2 The Committee takes note of the averments of X concerning the history of
violence perpetrated against her by her husband, beginning with her rape in July
1987 before their marriage, the physical violence during their marriage, especially as
from 1996, and the numerous complaints that she made to the police. The Committee
also takes note of the detailed information provided by the author about the violent
disposition of her husband towards their children and especially towards her son, T.,
and her daughter, Y. The Committee notes, in particular, the details provided
concerning the physical and sexual abuse of Y, in respect of which she made a
complaint to the District Prosecutor’s Office on 16 June 2004. The Committee
further observes that the said complaint was supported by statements given by X’s
son, T., as well as her mother, who first noticed the inappropriate behavi our of her
husband towards Y. X claims that the State party failed to conduct any effective
investigation into her complaints of domestic violence against her and physical and
sexual abuse against her daughter and to prosecute her husband, in violation of their
rights under articles 1, 2 (b)-2 (f) and 5 (a) of the Convention. The issue before the
Committee is therefore to determine whether the State party, through its public
authorities and institutions, has adequately addressed the complaints of X and
provided her and Y with effective legal protection.
9.3 The Committee recalls that, in accordance with paragraph 6 of its general
recommendation No. 19, discrimination within the meaning of article 1 of the
Convention encompasses gender-based violence against women. Such discrimination
is not restricted to action by or on behalf of Governments. Rather, under article 2 (e),
States parties may also be responsible for private acts if they fail to act with due
diligence to prevent violations of rights or to investi gate and punish acts of violence,
and for providing compensation (para. 9).
9.4 The Committee takes note of the contention of X that, at the time of the events
forming the basis for her complaint, there was no legal framework in the State party
to provide effective legal protection against domestic violence and that the
Prevention of Domestic Violence Act, which incorporated a definition of domestic
violence for the first time, was adopted in the State party only on 25 May 2006. It
__________________
25
15-14358
The authors refer to the concluding observations of the Committee on the combined fourth and
fifth periodic reports of Georgia (CEDAW/C/GEO/4-5).
17/19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents