SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN (ii) The Commission would like to highlight that the term of “gender” is emphasized in the paragraph 5 of the General Recommendation 28 on the Core Obligations of States Parties under Article 2 of the CEDAW that “...... 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 hierarchical relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. This social positioning of women and men is affected by political, economic, cultural, social, religious, ideological and environmental factors and can likewise be changed by culture, society and community. The application of the Convention to gender based discrimination is made clear by the definition of discrimination contained in article 1..... (iii) Therefore, it would be essential that this group should not be marganilised due to their sexual orientation and gender identities. The Commission is of the view that regardless of the sexual orientation, this group should be able to enjoy the full range of human rights without exception. Violence, abuse and violations of the rights of the sexual minorities cannot be justified or tolerated.38 4.0 LEGAL REFORMS RELATING TO WOMEN RIGHTS 4.1 Notwithstanding the absence of a specific law incorporating the elements of CEDAW, the Commission is mindful of other laws which relate, directly or otherwise, to the protection of women. It is further observed that several laws have been amended to provide for legal protection and to prohibit acts of discrimination by taking into consideration the perspective of gender equality as follows:- i. The recent amendment in 2012 of the Domestic Violence Act 1994 has expanded the definition of ‘domestic violence’ to include not only physical injuries but psychological and emotional injuries as well. This amendment would have the effect of affording better protection to victims of domestic violence. 38 SUHAKAM’s Annual Report 2011. p. 61. 20