Definitions and Dimensions of Discrimination disability are to be considered a vulnerable group and that it is “crucial to ensure that women with disabilities enjoy effective protection against sex and gender-based discrimination by State Parties and have access to effective remedies,” while General Recommendation 19 provides that the State “should ensure that laws against family, violence, and abuse, rape, sexual assault and gender-based violence give adequate protection to all women, and respect their integrity and dignity” and provide “effective complaints procedures and remedies including compensation” The Committee found that the court’s attitude towards the complainant, and towards women and rape in general, revealed the existence of strong gender stereotyping, resulting in sex and gender discrimination and disregard for the “individual circumstances of the case, such as the author’s disability and age.” These gender stereotypes and misconceptions included lack of resistance and consent on behalf of the rape victim and the necessary use of force and intimidation by the accused. The Committee found that the failure to combat such myths and stereotypes and the continuation of a presumption that there is consent simply because there is no physical resistance or use of force, and the failure to integrate “ lack of consent” into the definition of rape amounted to a breach of article 2 (f). The continuing use of stereotypes also meant the particular circumstances --- that of a girl’s disability and age --- were not considered in assessing her evidence. The Committee noted that the State’s obligation under Article 2 (f) to banish gender stereotypes must be assessed in the light of the level of gender, age, and disability sensitivity applied in the judicial handling of the case. The Committee then recommended the following: 1. That the Philippine Government provide R.P.B. with reparation and education with interpreter and the latter and her family be provided with free psychological counselling; 2. That the Philippines review its rape law to place lack of consent at its center and by removing any requirement that sexual assault be committed by force or violence and any 19 requirement of proof of penetration; 3. Ensure free and adequate assistance of interpreters at all stages of legal proceedings, whenever needed; 4. Ensure that all proceedings involving rape and other sexual offenses are conducted impartially and fairly and free from prejudices and stereotypes related to gender, age and disability; 5. Provide regular training to judges and legal professionals to ensure that court proceedings and decisions are not adversely affected by stereotypes and biases; Karen Tayag Vertido vs. The Philippines, 2010 (Gender Stereotyping in rape cases)44 In the case of Karen Tayag Vertido, decided by the Committee on CEDAW in 2010, the Committee found the Philippines to have been remiss in its obligation under CEDAW. The Committee ruled in favour of Karen Vertido who alleged that the acquittal of Custodio, the accused, breached the right to nondiscrimination, the right to an effective remedy, and the freedom from wrongful gender stereotyping, in violation of articles 2(c), 2(d), 2(f) and 5(a) of the Convention. In its resolution, the Committee determined that the Philippines had failed to comply with its obligation to ensure Ms. Vertido’s right to an effective remedy. It noted that her case had languished in the trial court for approximately eight years before a decision was made to acquit the accused and that consequently, it could not be said that Ms. Vertido’s allegation of rape had been dealt with in a ‘fair, impartial, timely and expeditious manner. In finding violations of articles 2(f) and 5(a), the Committee affirmed that CEDAW requires States Parties to ‘take appropriate measures to modify or abolish not only existing laws and regulations but also customs and practices that constitute discrimination 44 Case Brief sourced from: Navarro-Regino, Jasmine. Gender Approach to Effective Investigation as a Gender Ombud; Communication No. 18/2008, UN Doc. CEDAW/C/46/D/18/2008 (22 September 2010) CHR Gender Ombud Guidelines