A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

Collation <strong>of</strong> Relevant International Instruments
CRIMINAL LAW
1. Sexual assault / rape
CEDAW
• A.2; A.5(a), A.15(1); general provisions on non-discrimination and customs
UDHR
• A.7 – equality before and under the law
• A.8 - right to an effective remedy by competent national tribunals
• A.10 - fair and public hearing in determining rights and obligations
ICCPR
• A.3 – state undertaking to ensure the equal rights <strong>of</strong> men and women in enjoyment
<strong>of</strong> civil and political rights
• A.7 - no one shall be subject to torture or to cruel, inhuman or degrading
treatment
• A.9 - everyone has the right to liberty and security <strong>of</strong> person
• A.14 - equality before the courts and tribunals with respect to rights and obligations
at law
• A.26 - equality under and before the law/equal protection clause
DEVAW
• A.4 (c) - states should exercise due diligence to prevent, investigate and in
accordance with national legislation punish acts <strong>of</strong> violence against women,
whether those acts are perpetrated by the state or private citizens
CAT
• A.16 – each state party shall undertake to prevent acts <strong>of</strong> cruel, inhuman or
degrading treatment or punishment which do not amount to torture, when such
acts are committed by or at the instigation <strong>of</strong> or with the consent or acquiescence
<strong>of</strong> public <strong>of</strong>ficial or other person acting in <strong>of</strong>ficial capacity. (This line <strong>of</strong> reasoning
however may be a bit tenuous, unless the public <strong>of</strong>ficial has heard <strong>of</strong> the rapes and
<strong>of</strong>ficially sanctions them, or ignores them.)
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