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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 91
to realize the rights to freedom from discrimination and from
torture and ill-treatment:
“The definition of discrimination includes gender-based
violence, that is, violence that is directed against a
woman because she is a woman or that affects women
disproportionately. It includes acts that inflict physical,
mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty. Gender-based
violence may breach specific provisions of the
Convention, regardless of whether those provisions
expressly mention violence.” 225
This general principle of non-discrimination under international
law can be interpreted dynamically according to local aspects of
how discrimination and violence affect women. In this regard,
the CEDAW Committee has indicated in its General
Recommendation No 28 that States are required to assess the
de jure and de facto situation of women, to evaluate the
situation, and then formulate, adopt and implement a policy
and other measures targeted to eliminate discrimination
against women within the context of that situation. 226
In developing policies and strategies for addressing
discrimination, the role of the advocate/lawyer and other
human rights defenders is paramount. States parties to the
CEDAW Convention must ensure that women, individually and
in groups, are able to have access to information about their
rights and are able to promote and claim those rights. In
developing policies to eliminate discrimination against women,
States should ensure that women are able to participate in the
formulation, development and implementation of those
policies. 227
Nonetheless, the practitioner should take into account that the
women who experience the injustice of discrimination will have
225
CEDAW General Recommendation No 19, “Violence against
women”, UN Doc A/47/38 (1992), paragraph 6.
226
Ibid, paragraph 24.
227
Ibid, paragraph 27.