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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 187
perceived to have done so. With such attitudes present, the
killing of a woman by a man can result in him being excused
through the defences of “honour” or “provocation.”
Similarly, in many places the assumed entitlement of men to
sexual contact under all circumstances, unless a woman or girl
is “respectable” and has physically fought back against severe
physical force, is reflected in the attrition rate and minute
number of rape investigations that end with conviction.
Many legal advocacy initiatives have challenged the misuse of
law in a manner that reinforces gendered hierarchies,
stereotypes and assumptions and helps perpetuate the cycle of
violence. The CEDAW Convention expressly recognizes the legal
paradigm as a method of breaking down gendered hierarchies:
Article 2 provides that States have an obligation to:
(a) “embody the principle of the equality of men and
women in their national constitutions or other
appropriate legislation if not yet incorporated therein
and to ensure, through law and other appropriate
means, the practical realization of this principle;
(b) “adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all
discrimination against women;
(c) “establish legal protection of the rights of women on an
equal basis with men and to ensure through competent
national tribunals and other public institutions the
effective protection of women against any act of
discrimination;
…
(f) “take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs
and practices which constitute discrimination against
women;
(g) “repeal all national penal provisions which constitute
discrimination against women.”