ABSTRACT
In 1992 the Committee on Elimination of all Forms of Discrimination against Women (CEDAW Committee) explained that gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men', thereby conflating women and gender. Violence against women is not solely physical and a holistic understanding includes non-physical violence economic, psychological and verbal violence. There is no international treaty on the prevention and prosecution of violence against women, although there have been calls for such a treaty to be negotiated. At the core of obligations with respect to access to justice are the rights to a fair trial and to equality before the law, key elements of human rights protection' which serve as the procedural means to safeguard the rule of law'. Victims must be recognised as victims of serious crimes in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
