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

104 PRACTITIONERS GUIDE No. 12
Other areas of provisions of services or facilities, such as
banking and housing. 261
The CEDAW Committee found, in Yildirim v Austria, that even
where a State has put in place a comprehensive system of
legislation and other measures to address domestic violence,
the State cannot avoid responsibility for domestic violence that
occurs when it has not acted with due diligence to enforce that
system, and has therefore failed to give practical realization to
these measures. 262 This emphasizes that the State cannot
escape legal responsibility for violence through establishing
ineffective procedures, or good procedures that are not
implemented and abided by in practice. States must act
diligently to implement the human rights of each and every
woman.
Article 2(f): States must ensure that laws, rules and
customs do not discriminate against women
Article 2(f) of the CEDAW Convention requires States: “To take
all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which
constitute discrimination against women”. 263
The CEDAW Committee clarified this provision in the
Convention by explaining that, in order for States to meet the
requirements of this Article, they should:
Identify the nature and extent of attitudes, customs and
practices that perpetuate violence against women;
261
CEDAW General Recommendation No 28, above note 229,
paragraph 13.
262
Yildirim v Austria, CEDAW Communication No 6/2005, UN Doc
CEDAW/C/39/D/6/2005 (2007), paragraph 12.1.12.
263
See also Convention of Belém do Pará, above note 245, Article 7(e)
of which requires States to “take all appropriate measures, including
legislative measures, to amend or repeal existing laws and regulations
or to modify legal or customary practices which sustain the
persistence and tolerance of violence against women”.