to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.”25 Freedom from all forms of violence is a fundamental human right. The right to protection from violence, security, and liberty of the person is recognized in the major human rights treaties, including those to which Samoa is a signatory: • International Covenant on Civil and Political Rights (ICCPR); • Convention on the Rights of the Child (CRC); • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); and • Convention on the Rights of Persons with Disabilities (CRPD). Family violence violates a range of human rights including: • The right to life; • The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment; • The right to liberty and security of the person; • The right to equal protection under the law; • The right to equality in the family; • The right to the highest standard attainable of physical and mental health; • The right to just and favourable working conditions; and • A child’s right to play. Additionally, Article 1 of CEDAW defines discrimination against women as including GBV that is directed against a woman because of her gender or that affects woman disproportionately. It is now opinion juris (‘an opinion of the law’) and State practice that prohibition of GBV has evolved into customary international law.26 The CRC also requires State parties to take all appropriate measures to protect the child from all forms of physical or mental violence, injury, or abuse, including sexual abuse27 and that there are absolutely no exceptions to this.28 The Government, as the primary actor of the State, is the main duty bearer of human rights meaning, it is the body responsible for ensuring the equal enjoyment of these rights in both law and in practice. The Government may also be held responsible for acts by private individuals if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence.29It is against these standards that the Government will be assessed in the course of the Report. 25Refer to United Nations Human Rights Office of the High Commissioner. “What are Human Rights?” Retrieved from http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx. Accessed 30 May 2018. 26 Refer to UN CEDAW Committee (2017). General Recommendation No.35 on gender-based violence, updating General Recommendation 19. CEDAW/C/GC/35. Document 103 Inquiry anthology, accessible at www.ombudsman.gov.ws. 27 Convention on the Rights of the Child, Article 19(1). 28 Refer to UN Committee on the Rights of the Child. (2011). General Comment No. 13 on the right of the child to freedom from all forms of violence. CRC/C/GC/13. Retrieved from http://www2.ohchr.org/english/bodies/crc/docs/CRC.C.GC.13_en.pdf. 29 Refer to UN CEDAW Committee. (1992). General Recommendation 19 on Violence against women. A/47/38. Document 105 Inquiry anthology.