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

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92 PRACTITIONERS GUIDE No. 12<br />

their own understandings of what is and is not acceptable. In<br />

contributing <strong>to</strong> the development of policies for the elimination<br />

of discrimination, part of the human rights advocate’s task is <strong>to</strong><br />

take in<strong>to</strong> account the lived experiences of their clients and<br />

translate those experiences in<strong>to</strong> legal arguments based on the<br />

CEDAW Convention and the basic principle of nondiscrimination.<br />

Article 2: States must condemn discrimination and take<br />

appropriate and immediate action <strong>to</strong> eradicate it<br />

States parties <strong>to</strong> the CEDAW Convention have legally<br />

committed themselves <strong>to</strong> “condemn discrimination against<br />

women in all its forms, agree <strong>to</strong> pursue by all appropriate<br />

means and without delay a policy of eliminating discrimination<br />

against women”. 228<br />

Article 2 establishes the obligations of States <strong>to</strong>:<br />

<br />

<br />

<br />

Condemn discrimination against women in all its forms,<br />

including gender-based violence;<br />

Agree <strong>to</strong> pursue, without delay, a policy of eliminating<br />

discrimination against women; and<br />

Do so by all appropriate means.<br />

The CEDAW Committee explains that the language of this<br />

obligation is unambiguous and unqualified and the inclusion of<br />

the words “without delay” makes it clear that the establishment<br />

of a policy <strong>to</strong> eliminate discrimination against women must be<br />

pursued immediately and that delay cannot be justified on any<br />

grounds. The Committee adds that if a State faces resource<br />

constraints in implementing its obligations, it should seek<br />

assistance from the international community. 229<br />

228<br />

Convention on the Elimination of All Forms of Discrimination<br />

against Women (CEDAW Convention), Article 2.<br />

229<br />

CEDAW General Recommendation No 28, “The core obligations of<br />

States parties under article 2 of the Convention on the Elimination of<br />

All Forms of Discrimination against Women”, UN Doc CEDAW/C/GC/28<br />

(2010), paragraph 29.

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