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

90 PRACTITIONERS GUIDE No. 12
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status.”
The first five Articles of the CEDAW Convention set forth the
obligations of States to address discrimination against women,
including gender-based violence. These articles add to the
“respect, protect, fulfil” requirements in that they are drafted
expressly to address the practical reasons for the prevalence of
gender-based discrimination. For example, because gender
stereotyping is a factor that facilitates discrimination, Article
5(a) of the CEDAW Convention requires States to take action to
“modify social and cultural codes of conduct”. “Positive
discrimination” and “affirmative action” is often politically
contentious: Article 4 of the CEDAW Convention deals with such
controversies by making it a legal requirement that States
undertake “temporary special measures aimed at accelerating
de facto equality between men and women” (emphasis added).
This chapter considers the content, meaning and practical
implications of Articles 1 to 5 of the CEDAW Convention, with
reference to relevant international and regional law and
standards as appropriate.
Article 1: Gender-based violence constitutes a form of
discrimination
Article 1 of the CEDAW Convention defines discrimination, for
the purposes of the Convention, as:
“…any distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field”.
Gender discrimination and gender-based violence are mutually
reinforcing. The CEDAW Committee has provided a dynamic
interpretation of Article 1 and the general obligation of States