Jackie Jones, Jeanne Sarson, and Linda MacDonald
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an in-depth study by the Secretary-General on Violence against Women in 2003; the reports of
the United Nations Special Rapporteurs on violence against women (since 1994); the Millennium
Development Goals; and the new Sustainable Development Goals, violence against women per
sists. These instruments and their provisions are simply not strong enough. The only problem
with the vast majority of these examples (apart from CEDAW itself, although Merry has said the
“CEDAW operates as quasi-law” and influences rather than coerces, 2007, p. 162) is that they are
‘soft’ law, not ‘hard’ law instruments. They are non-obligatory, meaning that they only impose a
moral obligation on member States (on ‘soft’ law see generally, Boyle, 2014, chapter 5). This is not
enough; women and girls need and deserve more.
There are examples of regional legally binding violence against women treaties (‘hard’ law);
however, their coverage is not universal. Examples include the 1994 Inter-American Convention
on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém
do Pará); the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa (Maputo Protocol); and the 2014 Council of Europe Convention on preventing and
combating violence against women and domestic violence (Istanbul Convention). Several States
within these regions either do not fulfill their obligations under their respective regional instru
ment or have not ratified the treaties. The UK, for example, has signed the Istanbul Convention but
has not ratified it, and in the current climate, it is not beyond imagination that the UK will never
ratify it. It is clear that the normative instruments cover some of the globe, but not the entire globe.
The absence of specific regional instruments in other parts of the world (e.g. Asia, the Pacific and
the Middle East, among others) strengthens the need for a global instrument. Equally, no instru
ment at present covers all modern manifestations of violence that have become prevalent in the 21st
century. Cyber crimes are at the frontier of acts of private violence that the international commu
nity must come to terms with in order to protect, not only, but mainly, the younger generation of
women who are in real danger of serious long-lasting mental and bodily harm.
The fact remains that there is no single global normative instrument to outlaw the most preva
lent form of human rights violations in the world today (UN CSW57 Agreed Conclusions, 2013). A
new Treaty, or possibly an Optional Protocol to the CEDAW, would focus exclusively on violence
against women and girls and would include non-State actors explicitly. Unequivocally incorpo
rating non-State actors into the international legal instrument would address naming and eradi
cating the pervasive forms of violence that take place in the ‘private’ sphere, including the family
(Chinkin, 2012). It could also hold contractors accountable for facilitating violence committed
through their social media platforms.
Another reason it is vitally important to explicitly include non-State actors in any new legally
binding international instrument is the changing nature of the relationship of the State to its people.
For instance, since 9/11 there has been an exponential expansion in the work traditionally viewed
as governmental being contracted out to private companies, including security firms (Afghanistan,
Iraq; Crawford & Olleson, 2014; Porter, 2009; Strawson, 2002; True, 2012). This privatization of the
State governance function has adversely impacted the social contract between citizen and State,
and “global structural conditions” that are “responsible for exacerbating endemic violence against
women” (True, 2012, p. 54). The social contract between citizen and State requires that State pro
vide the means for individuals to flourish and for the State not to rescind its obligations vis-à-vis its
people (Boerefjin & Naezer, 2008; Reilly, 2009; Rousseau, Book 3; True, 2012, p. 60).
For the State to fulfill its duties under this social contract, it must take responsibility for actions
by private companies acting on its behalf, and for individuals when they perpetrate or facilitate
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