1. How was Karen Vertido discriminated against by the decision acquitting Custodio?

Karen Tayag Vertido was discriminated because the ruling acquitting accused Custodio
was relied on gender based sterotypes and myths about the crime of rape and the rape
victims. The Committee held that the assumption that if a woman did not employ
physical resistance against unwanted sex, she essentially gives her consent thereto.

2. What Provisions of CEDAW were violated in cases of Vertido and RPB?

In the case of Vertido and RPB, the acquittal violated the victim’s freedom to wrongful
gender sterotyping and right to an effective remedy particularly the following provisions
of CEDAW:
a. Article 2(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;
b. Article 2(d) To refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions shall act in
conformity with this obligation
c. Article 2(f) To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women
d. Article 5(a) States Parties shall take all appropriate measures: (a) To modify the
social and cultural patterns of conduct of men and women, with a view to
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
e.
3. What is the importance of Article 5?
The importance of Article of CEDAW is very significant because it aims to eliminate the
root cause of the problems CEDAW is seeking to address. With Article 5 in place, the
state is under the obligation to ensure that our children of today and future generation
shall be knowledgeable that women are not inferior to men. Article also tells the states
parties that the idea of discrimination against women on the basis of sex should be
embedded in the social and cultural minds and hearts of the people.