Published on Exchange Chambers, 29 November 2021. Part 1 of a series for the 16 Days of Activism Against Gender-Based Violence.

As part of Exchange Chambers’ contribution to the UN 16 Days Campaign, this article provides a synopsis of the international legal framework addressing violence against women and girls. It addresses some of the key legal documents and instruments and considers their current force and application in English law.

The Journey Towards Recognition

The journey toward recognition in law of the issue of violence against women at the international level has been long and arduous. Starting in the aftermath of World War II, the United Nations Commission on the Status of Women was established in 1946, with the aim of monitoring the situation of women and promoting women’s rights.

The culmination of 30 years of the Commission’s work was the adoption in 1979 by the UN General Assembly of the Convention on the Elimination of All Forms of Discrimination Against Women — CEDAW. Even though the Convention comprehensively addresses a plethora of rights, including reproductive rights, it does not specifically address, or even mention, the issue of violence against women.

From CEDAW to the Istanbul Convention

Progress was slow until 1993 when the World Conference on Human Rights adopted the Vienna Declaration and Programme of Action, recognising the need to eliminate violence against women. Later that year the UN proclaimed the Declaration on Violence against Women — the first international instrument explicitly addressing violence against women.

Subsequently, in 2011, the Council of Europe agreed the Convention on preventing and combating violence against women and domestic violence — the Istanbul Convention. Based on the four pillars of prevention, protection, prosecution and co-ordinated policies, it is widely regarded as the definitive instrument addressing violence against women.

Application in English Law

The United Kingdom has ratified both CEDAW and its Optional Protocol, meaning that an individual communication arguing that the British state has failed to protect a woman from violence may be submitted to the CEDAW Committee, provided domestic remedies have been exhausted.

Part 2 of this series examines the CEDAW Committee’s specific decisions relating to VAWG: read it here.