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December 9, 2019
Gender-based violence is characterized in CEDAW’s General advice no. 19 on physical violence against ladies as “violence this is certainly directed against a female because she actually is a woman or that impacts females disproportionately.” 194 offered that General Recommendation no. 19 defines violence that is“gender-based as including acts that inflict physical, psychological or sexual damage, polygyny as practised in lots of contexts could be included in this category.
More over, like CEDAW, the 1993 General Assembly’s Declaration regarding the Elimination of Violence against Women defined the expression “violence against ladies” as including:
any work of gender-based physical violence that leads to, or perhaps is more likely to end up in, real, intimate or harm that is psychological suffering to women…”195
The Declaration’s specific attention to traditional practices that are harmful to women is significant in the context of polygyny in addition to this robust definition of violence against women. In a non-exhaustive list, Article 2(a) notes that physical violence against ladies encompasses:
physical, sexual and violence that is psychological within the household, including battering, intimate abuse of feminine kiddies within the home, dowry-related physical physical violence, marital rape…and other customary techniques bad for women…196
Because of the serious real, intimate and mental harms usually connected with polygyny, it is really a “traditional training harmful to ladies” and will consequently be looked at a kind of physical physical violence against ladies as per Article 2(a) associated with the Declaration.
Besides the Declaration’s category of physical violence against females, CEDAW’s General advice no. 19 additionally noted that:
gender-based physical violence, which impairs or nullifies the satisfaction by females of peoples liberties and fundamental freedoms under basic international legislation or under peoples legal rights conventions, is discrimination in the meaning of article hands down the meeting.197