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18 PRACTITIONERS GUIDE No. 12<br />

There is also a separate Plan of Action for the Arab League<br />

concerning violence against women in conflict, using the<br />

framework of Security Council Resolution 1325 and the<br />

subsequent resolutions.<br />

In the ASEAN (Association of South East Asian Nations) region,<br />

two non-binding standards have been adopted: the ASEAN<br />

Declaration on the Elimination of Violence Against Women in<br />

the ASEAN Region of 2004; and the Declaration on the<br />

Elimination of Violence Against Women and the Elimination of<br />

Violence Against Children in ASEAN of 2013. At the time of<br />

writing this <strong>Practitioners</strong> <strong>Guide</strong>, the ASEAN Commission on<br />

Women and Children (ACWC) is in the process of negotiating an<br />

ASEAN Region Plan of Action on Elimination of Violence Against<br />

Women.<br />

Human rights law requires women’s empowerment <strong>to</strong><br />

address discrimination, including gender-based violence<br />

The prohibition against gender-based discrimination is not only<br />

contained in numerous universal and global human rights<br />

treaties, it is also a part of cus<strong>to</strong>mary international law, which<br />

binds all States. 21 Gender-based violence has been recognized<br />

as a form of discrimination. 22 Therefore States must act <strong>to</strong><br />

prevent, prohibit, eradicate and remedy gender-based violence.<br />

21<br />

Ian Brownlie, Principles of Public International Law (Oxford: Oxford<br />

University Press, 8 th edition, 2012), page 645, which cites: the United<br />

Nations Charter, Articles 55 and 56; the practice and organs of the<br />

United Nations (including General Assembly resolutions); the <strong>Universal</strong><br />

Declaration of Human Rights; international and regional human rights<br />

conventions, especially the Convention on the Elimination of All Forms<br />

of Discrimination against Women (CEDAW Convention), which is<br />

widely ratified; and Human Rights Committee, General Comment No<br />

28, “The Equality of Rights between Men and Women (Article 3)”, UN<br />

Doc CCPR/C/21/Rev.1/Add.10 (2000).<br />

22<br />

CEDAW General Recommendation No 19, above note 16, paragraph<br />

6, which provides: “The definition of discrimination includes genderbased<br />

violence, that is, violence that is directed against a woman<br />

because she is a woman or that affects women disproportionately”.

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