Bridging the Definitional Gap In International Human Rights Law: A Comparative Analysis of Cedaw and Devaw on Gender-Based Violence In Turkey, Indonesia, and South Africa

Abstract

International human rights law still relies on a definition of gender-based violence that many scholars regard as doctrinally incomplete. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) frames gender-based violence chiefly as a manifestation of discrimination, whereas the Declaration on the Elimination of Violence against Women (DEVAW) treats it as a distinct category of harm covering physical, sexual, and psychological suffering. This article argues that the divergence between the two framings contributes to inconsistent judicial and legislative responses to gender-based violence across states. The findings show three distinct pathways to the same failure: Turkey's 2021 withdrawal from the Istanbul Convention, Indonesia's uneven enforcement of Law No. 12 of 2022 on the Crime of Sexual Violence despite its comprehensive text, and South Africa's persistent implementation gap under the National Council on Gender-Based Violence and Femicide Act of 2024, whose own definition already mirrors DEVAW's broader scope.