II. The Right to be Free from Discrimination, Including Gender-Based Violence (Articles 1, 2, 12, 14, and 16)

The CEDAW Committee has made clear that the Convention’s definition of discrimination “includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.”¹³⁸   The Committee has also emphasized that “discrimination under the Convention is not restricted to action by or on behalf of Government,” and that “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." ¹³⁹