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

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2 PRACTITIONERS GUIDE No. 12<br />

level, this understanding is reflected in various authoritative<br />

legal and quasi-legal sources. These authorities include United<br />

Nations (UN) treaty moni<strong>to</strong>ring bodies, such as the Committee<br />

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

Women (the CEDAW Committee), the Human Rights Committee<br />

and the Committee against Torture; independent experts, such<br />

as the Special Rapporteur on violence against women, its<br />

causes and consequences, and the Special Rapporteur on<br />

<strong>to</strong>rture; and regional human rights systems, such as the<br />

European Court of Human Rights and the Inter-American Court<br />

of Human Rights. These sources also stem from political bodies,<br />

such as the UN General Assembly and the UN Security Council,<br />

which adopt resolutions that recognize and elaborate the detail<br />

of international human rights law and standards. International<br />

organizations, including the World Health Organization and the<br />

UN and its officials and agencies (such as the UN Secretary-<br />

General, UN Women and the United Nations Children’s Fund<br />

(UNICEF)) have added their authoritative commentary and<br />

analysis <strong>to</strong> the body of human rights law.<br />

Across all these authorities, there is a consistent recognition<br />

that gender-based violence, whether committed by State<br />

agents or non-State ac<strong>to</strong>rs, can severely infringe the rights of<br />

women not <strong>to</strong> be subjected <strong>to</strong> <strong>to</strong>rture and ill-treatment, and<br />

the right not <strong>to</strong> be subjected <strong>to</strong> discrimination. This recognition<br />

of gender-based violence as a form of <strong>to</strong>rture and<br />

discrimination persists irrespective of the situation in which the<br />

violence takes place – whether in armed conflict or peacetime,<br />

in the home, the street or in places of detention – or the<br />

identity of the perpetra<strong>to</strong>r – whether a family member,<br />

member of the community, stranger or State official. There is<br />

now a broad and detailed consistency across most of these<br />

authorities as <strong>to</strong> how States must fulfil their obligations under<br />

international human rights law <strong>to</strong> prevent, s<strong>to</strong>p and redress<br />

gender-based violence, across a variety of legal and practical<br />

initiatives.

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