CEDAW/C/73/D/100/2016 9.9 The Committee notes the authors’ claim, which remained unrefuted by the State party, to the effect that the authorities, when addressing the authors’ claims, addressed the acts of domestic violence as constituting “a private matter” and relied upon stereotypical views and attitudes in its approach. The Committee reaffirms that the Convention places obligations on all State organs and that States parties can be responsible for judicial decisions that violate provisions of the Convention. 13 The Committee also emphasizes that the full implementation of the Convention requires States parties not only to take steps to eliminate direct and indirect discrimination and improve the de facto position of women, but also to modify and transform gender stereotypes and eliminate wrongful gender stereotyping, a root cause and a consequence of discrimination against women. 14 Gender stereotypes are perpetuated through various means and institutions, including laws and legal systems, and can be perpetuated by State actors in all branches and at all levels of government and by private actors. 15 The Committee also stresses that stereotyping affects the right of women to a fair trial and that the judiciary must be careful not to create inflexible standards on the basis of preconceived notions of what constitutes domestic or gender-based violence, as noted in its general recommendation No. 33. 16 9.10 In the absence of further information of pertinence on file, the Committee decides that due weight must be given to the authors’ allegations. Accordingly, the Committee considers that the facts as submitted reveal a violation of the authors ’ rights under article 5 (a) of the Convention, taking into consideration the Committee ’s general recommendations No. 19, No. 28, No. 33 and No. 35. 9.11 In the light of the foregoing conclusions, the Committee will not examine any of the authors’ other claims. 10. In accordance with article 7 (3) of the Optional Protocol and taking into account the foregoing considerations, the Committee considers that the State party has infringed the rights of the authors under articles 2 (a), (e), (f) and (g), 3 and 5 (a) of the Convention, read together with article 1 of the Convention and taking into consideration the Committee’s general recommendations No. 19, No. 28, No. 33 and No. 35. 11. The Committee makes the following recommendations to the State party: (a) Concerning the authors of the communication: (i) Proceed to a review of the judicial proceedings concerning the cases of domestic violence against both authors, with a view to having the perpetrators prosecuted and sanctioned; (ii) Grant the authors appropriate reparation and comprehensive compensation commensurate with the seriousness of the infringement of their rights and provide them with rehabilitation services; (iii) Conduct an exhaustive and impartial investigation to determine the failures in the State party’s structures and practices that have caused the authors to be deprived of protection; (b) General: (i) Sign and ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence; __________________ 13 14 15 16 19-15442 See V.K. v. Bulgaria (CEDAW/C/49/D/20/2008), para. 9.11; and L.R. v. Republic of Moldova (CEDAW/C/66/D/58/2013), para. 13.6. See Belousova v. Kazakhstan (CEDAW/C/61/D/45/2012), para. 10.10. See R.K.B. v. Turkey (CEDAW/C/51/D/28/2010), para. 8.8. See L.R. v. Republic of Moldova, para. 13.6. 17/18

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