Addressing Gender-based Violence against Women in Malaysia: Impact of CEDAW’s Concluding Observations
Victoria Perrie*
The impact of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)’s Concluding Observations (COBs) in Malaysia are important on several levels. At the state level analysis can aid in determining if CEDAW is an effective mechanism for the state to create change. At the international level, understanding the effectiveness of these Observations may indicate a need for a more in-depth assessment and evaluation of treaty outcome monitoring. This paper will begin with an overview of GBV (II): describing worldwide prevalence and initiatives, and legal frameworks at the international level, before zeroing in on the climate in Malaysia. CEDAW’s COBs for Article 2 on Gender-based Violence against Women (GBVaW), issued in May 2006, will be compared to the most recent ones issued in March 2018. Finally, this paper will make recommendations on how to best advance the principles of Article 2 within the state, and move towards ending GBVaW. Overall, this paper comes to the conclusion that CEDAW does not appear to be the most effective mechanism to address the principles enshrined in Article 2 in Malaysia, but that the local judiciary can play a role in moving forward to create change. The paper continues to make the hypothesis that the process of preparing for Committee review prompts a necessary review of GBVaW within a state, which in itself is a benefit to the treaty review system.
* Ms Victoria Perrie holds a Bachelor of Arts with a Double Major in Criminology and Psychology, and is also a Juris Doctor. She is presently articling and will be called to the Canadian New Brunswick bar in June 2019 as a lawyer, while working towards completing her Masters in International law.