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United Nations

CEDAW’s General Recommendation No. 40

General Recommendation No. 40

2024


Overview of the Recommendation


  • Publication Date: 25 October 2024

  • Objective:
    To provide comprehensive guidance for States parties on how to achieve the equal and inclusive representation of women in all decision-making systems and across all sectors, with the aim of promoting systemic change.

  • The Recommendation does not specifically define political violence, but it addresses it within the broader framework of gender-based violence against women (GBVAW), especially in political and public life.


Definition of Gender-Based Violence Against Women


GBVAW is defined as:

“A form of discrimination directed against a woman because she is a woman or that affects women disproportionately.”


General Recommendation No. 35 (2017) is referenced, which identifies politics as one of the domains where GBVAW occurs and emphasizes that violence should be understood as a continuum occurring in:

  • Public and private settings

  • Family, community, public spaces

  • Politics, sport, health services, education

  • Online and digital spaces

  • As well as in emotional, economic, and structural forms


Recognition of Political Violence and Gaps in Legislation


The Recommendation highlights:

  • GBVAW in public and political life prevents women from entering or remaining in decision-making roles and has a chilling effect on others.

  • There is a frequent lack of legislation specifically addressing GBVAW in politics, including for women politicians.

  • Media outlets, social media platforms, and political parties are identified as perpetuating or normalizing violence through:
    Misogynistic behavior
    Sexual harassment
    Hate speech

  • GBVAW is noted as exacerbated for women facing intersectional discrimination


Structure and Scope of the Recommendation


The recommendation is structured into general and specific obligations of States Parties, grouped under the following objectives:

  • Ensuring non-discrimination and inclusion

  • Addressing intersectionality and diversity

  • Dismantling gender stereotypes

  • Guaranteeing parity in all decision-making areas, including:
    Political and public life
    Peace and security
    Economic sectors
    International decision-making

  • Ensuring women’s rights in the private sphere as foundational

  • Promoting education for empowerment and leadership

  • Protecting against GBVAW and harassment

  • Establishing accountability and monitoring mechanisms


Key Provisions and Excerpts


1. Dismantling Gender Stereotypes

States should:

  • Adopt legislation and work with media outlets to:

    • Condemn and monitor sexism and misogyny

    • Ensure accountability in mainstream and social media

    • Promote gender parity in editorial boards and media regulation

    • Build the capacity of media professionals to avoid stereotyping women in decision-making


2. Education Towards Empowerment and Leadership

States should:

  • Promote gender-transformative, safe, and inclusive learning environments

  • Integrate curriculum content on:

    • Ethical and responsible use of digital technologies

    • Prevention of and defense against online violence


3. Protection Against Gender-Based Violence and Harassment

States are urged to:

  • Adopt and enforce comprehensive laws to address all forms of GBVAW

  • Prevent, investigate, prosecute, and punish GBVAW, including:
    Violence against women in politics and decision-making roles
    Election-related violence
    , intimidation, and hate speech

  • Introduce codes of conduct in parliaments, political parties, and public institutions with:
    Independent complaint mechanisms
    Confidential counselling
    Intersectional training
    for all staff

  • Provide:
    Security and cybersecurity training
    Emergency protection measures
    Peer support networks
    , especially for young women

  • Ensure effective responses from social media companies to address online GBVAW

  • Collect disaggregated data on GBVAW and monitor the effectiveness of prevention and response systems


4. Parity in Peace and Security Decision-Making

  • Expand early warning mechanisms that consider gender signals, such as:

    • Reduced numbers of women in leadership

    • Increased hate speech and sexual violence


5. Women’s Rights in the Private Sphere

  • Criminalize all harmful practices and culturally tolerated forms of GBVAW

  • Ensure zero tolerance for all forms of violence


6. Parity in Political and Public Life

States should:

  • Adopt laws to ensure parity in all levels of public administration and judiciary

  • Commission gender audits and introduce care-friendly work arrangements

  • Train officials to:

    • Conduct gender-sensitive legal interpretation

    • Eliminate stereotypes in judicial and public decision-making


7. Accountability and Monitoring

  • Develop mechanisms to:

    • Monitor and evaluate progress in implementing this recommendation

    • Collect and publish disaggregated data on women’s representation in all decision-making areas

    • Report data to CEDAW and disseminate it widely

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