CEDAW/C/GC/35 lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum, being a refugee, internally displaced or stateless, widowhood, migration status, heading households, living with HIV/AIDS, being deprived of liberty, and being in prostitution, as well as trafficking in women, situations of armed conflict, geographical remoteness and the stigmatization of women who fight for their rights, including human rights defenders. 11 Accordingly, because women experience varying and intersecting forms of discrimination, which have an aggravating negative impact, the Committee acknowledges that gender -based violence may affect some women to different degrees, or in different ways, meaning that appropriate legal and policy responses are needed. 12 13. The Committee recalls article 23 of the Convention, in which it is indicated that any provisions in national legislation or international treaties other than the Convention that are more conducive to the achievement of equality between women and men will prevail over the obligations in the Convention and, accordingly, the recommendations in the present general recommendation. The Committee notes that States parties’ action to address gender-based violence against women is affected by reservations that they maintain to the Convention. It also notes that, as a human rights treaty body, the Committee may assess the permissibility of reservations formulated by States parties, 13 and reiterates its view that reservations, especially to article 2 or article 16, 14 the compliance with which is particularly crucial in efforts to eliminate gender-based violence against women, are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2). 15 14. Gender-based violence affects women throughout their life cycle 16 and, accordingly, references to women in the present document include girls. Such violence takes multiple forms, including acts or omissions intended or l ikely to __________________ 11 12 13 14 15 16 17-12719 General recommendation No. 33, paras. 8 and 9. Other general recommendations relevant to intersecting forms of discrimination are general recommendation No. 15 (1990) on the avoidance of discrimination against women in national strategies for the prevention and control of AIDS, general recommendation No. 18 (1991) on disabled women, general recommendation No. 21 (1994) on equality in marriage and family relations, general recommendation No. 24 (1999) on women and health, general recommendation No. 26 (2008) on women migrant workers, general recommendation No. 27 (2010) on older women and protection of their human rights, general recommendation No. 30, joint general recommendation No. 31/general comment No. 18, general recommendation No. 32 and general recommendation No. 34. The Committee has also addressed intersecting forms of discrimination in its views on Jallow v. Bulgaria, S.V.P. v. Bulgaria, Kell v. Canada, A.S. v. Hungary, R.P.B. v. Philippines and M.W. v. Denmark, among others, and inquiries, in particular those concerning Mexico, of 2 005, and Canada, of 2015 (see footnote 7 above). General recommendation No. 28, para. 18; and report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1), para. 197. International Law Commission, Guide to practice on reservations to treaties (A/65/10/Add.1, chap. IV, sect. F, para. 3.2). Statement of the Committee on reservations (A/53/38/Rev.1, part II, chap. I, sect. A, para. 12); see also general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, para. 54-55. In its concluding observations on the reports of States parties under the Convention, the Committee has also indicated that reservations to articles 2, 7, 9 and 16, as well as to general reservations, are incompatible with the object and purpose of the Convention. General recommendation No. 28, paras. 41-42. See general recommendation No. 27 and joint general recommendation No. 31/general comment No. 18. 5/19

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