Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 89
CHAPTER V
THE CONVENTION ON THE ELIMINATION OF
ALL FORMS OF DISCRIMINATION AGAINST
WOMEN AS A DYNAMIC LEGAL FRAMEWORK
Gender-based violence is both a cause and manifestation of
gender discrimination. It is therefore important to take into
account access to justice for gender-based violence in the
broader context of legal obligations of States, particularly under
the CEDAW Convention, with a view to ensuring the enjoyment
of freedom from discrimination and equality for women. 224
While the CEDAW Convention is the main focus of the
discussion in this chapter, it is important to be aware of the
fact that non-discrimination obligations are contained in all of
the international human rights treaties, including the
International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural
Rights (ICESCR). Article 2 of these Covenants requires that all
of the rights contained therein must be enjoyed without
discrimination on the basis of status, including gender (sex). It
is important to consider these treaties and corresponding
jurisprudence in the context of States that have become parties
to the CEDAW Convention, having regard also to whether the
State has entered reservations that undermine the protection
of women’s rights. Article 26 of the ICCPR also guarantees
equal protection of the law generally, not only in connection
with human rights, guaranteeing that: “All persons are equal
before the law and are entitled without any discrimination to
the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal
and effective protection against discrimination on any ground
224
There are non-discrimination provisions in Article 2 of both the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights
(ICESCR). The duty to ensure equality between men and women in
the enjoyment of their human rights is included in Article 3 of both the
ICCPR and ICESCR.