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