CEDAW and the Magna Carta of Women means). It is also obligated to ensure that the measures chosen result in the elimination of discrimination (obligation of results). Gender-based Discrimination under CEDAW Although the Convention only expressly refers to sex-based discrimination, an interpretation of Article 1 together with Articles 2 (f) and 5 (a) indicates that it also covers gender-based discrimination against women. The term ‘sex’ refers to biological differences between men and women. The term ‘gender’ refers to socially constructed identities, attributes, and roles for women and men and society’s social and cultural meaning for these biological differences resulting in hierarchal relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. The application of the Convention to genderbased discrimination is made clear by the definition of discrimination contained in Article 1. This definition points out that any distinction, exclusion or restriction which has the purpose or effect of denying women the exercise of human rights and freedoms is discrimination even where discrimination was not intended. This would mean that an identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face. Violence against women as Discrimination Under General Recommendations 19 of CEDAW, it is explicitly provided that violence against women is a form of discrimination. CEDAW sets out the following obligations of State Parties under Article 2: State parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, shall undertake: (a) To embody the principle of the equality of men and women in their national constitutions 11 or other appropriate legislation if not yet incorporated therein and to ensure through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligations; (e) To take all appropriate measures to eliminate discrimination against women by any person organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish, existing laws, regulations, customs and practices which constitute discrimination against women. To address discrimination, CEDAW requires State Parties to: (a) condemn discrimination against women in all its forms, and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women (Part I). This part also includes a provision which declares that the adoption by states of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discriminatory (art. 4). It is also in this part of the Convention that States are required to undertake appropriate measures to modify social and cultural patterns of conduct of men and women, with a view of achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women (art. CHR Gender Ombud Guidelines