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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 21
protective measures that States must take, including the use of
criminal sanction against perpetrators.
When violence is against women, international human rights
laws and standards have identified such situations as engaging
a number of human rights. These include the right to life, 29 the
right to be free from torture and ill-treatment, and the right to
equality with men and freedom from gender-based
discrimination. 30
Gender-based violence impairs or nullifies women’s
enjoyment of their human rights
The CEDAW Committee identified that gender-based violence
impairs or nullifies the enjoyment of human rights and
freedoms including:
a) The right to life;
b) The right not to be subject to torture or to cruel,
inhuman or degrading treatment or punishment;
c) The right to equal protection according to humanitarian
norms in time of international or internal armed conflict;
d) The right to liberty and security of person;
e) The right to equal protection under the law;
f) The right to equality in the family;
g) The right to the highest standard attainable of physical
and mental health;
h) The right to just and favourable conditions of work. 31
The UN Committee against Torture has further recognized that:
“Being female intersects with other identifying
characteristics or status of the person such as race,
29
Human Rights Committee General Comment No 28, above note 21,
paragraph 10.
30
CEDAW General Recommendation No 19, above note 15, paragraph
7(e); Istanbul Convention, above note 16, Article 3(a); and
Convention of Belém do Pará, above note 16, Article 6(a).
31
CEDAW General Recommendation No 19, above note 15, paragraph
7.