UN Committee’s decision in case of victim of domestic violence

The UN Committee on the Elimination of Discrimination against Women ascertained the violation by the Republic of Moldova of the UN Convention on the Elimination of All Forms of Discrimination against Women. The decision was taken after the Promo-LEX Association, in partnership with Equal Rights Trust, filed a complaint in the name of a woman whose husband subjected her to acts of domestic violence during their marriage. The physical, verbal and emotional abuse led to the violent death of the woman, IPN reports.

The Committee held that the Republic of Moldova, including its authorities, functionaries, institutions, practices and the legislation, failed to exercise appropriate diligence, to properly investigate the woman’s repeated complaints about domestic violence and to offer her legal protection, counseling and rehabilitation.

“The failure of a state that is a party to the Convention to prevent acts of gender violence against women in cases in which the authorities are or should be aware of the risk of such violence, or the failure to investigate, to hold the culprits accountable and to award damages to the victims and survivors of such acts offers tacit permission or encouragement to commit acts of gender violence against women. The Committee ascertained that the Republic of Moldova violated its positive obligations to protect that woman from discrimination,” Promo-LEX says in a press release.

The optional Protocol to the Convention enables to submit individual complaints in the name of victims if these give their consent. If the consent cannot be obtained, the author of the complaint can justify action in the name of the victim in the absence of this. The Committee held that Promo-LEX could file the complaint in the name of the woman after her death as this was in the interests of justice and for preventing impunity.

Promo-LEX noted this is the second decision taken by the Committee against the Republic of Moldova. The first decision was issued in 2016 in another case referring to domestic violence.

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