CEDAW’s General Recommendation No. 35: A quarter of a century of evolutionary approaches to violence against women

Abstract

abstractThis article analyzes the contribution to international human rights law of the third and latest General Recommendation on gender-based violence issued by the Committee on the Elimination of All Forms of Discrimination Against Women. Described as an “update” on General Recommendation No. 19 (1992), this article examines the extent to which General Recommendation No. 35 (2017) makes a more fundamental contribution toward accountability for women’s human rights. This analysis is motivated by the quarter-century gap since the previous recommendation but also the obvious limitations of the two earlier recommendations. An expansive document that reaffirms global commitments toward ending gender-based violence, General Recommendation No. 35 makes some significant conceptual advancements in how it frames gender-based violence and the scope of the issues brought within its ambit. Yet the Committee falls short when it comes to depth of analysis and in its ability to guide states on the implications of present-day concerns.