A.T V HUNGARY Flashcards
A.T. v. Hungary: CEDAW
A.T. v. Hungary was the first domestic violence complaint submitted to and reviewed by the Committee on the Elimination of Discrimination against Women. The decision delivered by the Committee redefined state obligation to end domestic violence under international human rights norms and standards, setting a precedent for all other states party to CEDAW. All state parties to CEDAW are required to view domestic violence as a form of gender-based discrimination that requires appropriate action to address the underlying causes of the violation. This requires both the creation of effective domestic remedies and addressing the harmful gender stereotypes that contribute to inadequate responses by public officials when violence occurs.
Recalling its General Recommendation No. 19 (GR 19; on violence against women), the Committee held that gender-based violence was included in the definition of discrimination. And, although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”; the treaty that the Committee is authorised to monitor) may not explicitly prohibit VAW, its occurrence may breach specific rights contained in the treaty. GR 19 also clarified that CEDAW applied to state and non-state actors. Therefore, when VAW occurs, “…States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation” (GR 19, para. 9).These “private acts” of VAW include domestic violence.
A.T.’s story demonstrated a lack of immediate protection for her and her children. While the Committee recognised Hungary’s adoption of an action programme against domestic violence, it was clear that they had not helped A.T. The Committee also noted the low priority that cases of domestic violence were given in court proceedings – in general and in A.T.’s case – emphasising that “Women’s human rights to life and to physical and mental integrity cannot be superseded by other rights, including the right to property and the right to privacy” (para. 9.3). The Committee concluded that Hungary’s failure to prevent and protect A.T. from domestic violence amounted to a violation of its obligations under Article 2(a), (b) and (e) of CEDAW.
To reach its decision on Articles 5 and 16, the Committee referred to its General Recommendation No. 21 (on equality in marriage and family relations), which stresses the importance of GR 19’s provisions in securing women’s ability to enjoy equal human rights and fundamental freedoms. Widespread gender stereotyping throughout Hungary had situated women in a subordinate position to men, which contributed to the gender-based violence perpetrated against them. In A.T.’s case, “…the facts of the communication reveal aspects of the relationships between the sexes and attitudes towards women that the Committee recognised vis -à -vis the country as a whole” (para. 9.4). Based on these findings, the Committee determined that Hungary had breached its obligations set out in Articles 5(a) and 16 of CEDAW.
