The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women

Abstract

In the face of women’s disproportionate experience of violence and the growing scholarly literature and advocacy on this issue, there is no international treaty recognising violence against women (VAW) as a human rights violation in and of itself. The Convention on the Elimination of Discrimination against Women (CEDAW) does not include a definition of gender-based violence, violence against women or even domestic violence. Many soft law documents address VAW, including the CEDAW committee’s general recommendations. However, even though soft laws are persuasive in developing norms, their non-binding character effectively means that States cannot be held responsible for violations. Currently, to accommodate VAW within various treaties, certain ‘jurisdictional gymnastics’ must be done. This article argues that a critical re-characterization is necessary. The reality of women’s lives in many parts of the world necessitates an effective international legal framework that explicitly defines VAW, in all its forms, as a human rights violation.