A/HRC/31/57
girls, and lesbian, gay, bisexual, transgender and intersex persons; and that the introduction
of discriminatory evidence and the harassment of victims and witnesses are strictly
prohibited.42 The standards established by international courts should serve as an example
for domestic courts to follow, for instance by implementing institutional gender-balance
requirements and prohibiting the admission of evidence regarding the victims’ prior sexual
conduct in cases of sexual, domestic and other gender-based violence.
IV. Conclusions and recommendations
68.
States have a heightened obligation to prevent and combat gender-based
violence and discrimination against women, girls, and lesbian, gay, bisexual,
transgender and intersex persons that amount to torture and ill-treatment, committed
in a variety of contexts by both State and actors. In assessing the level of pain and
suffering experienced by victims of gender-based violence, States must examine the
totality of the circumstances, including the victim��s social status; extant
discriminatory legal, normative and institutional frameworks that reinforce gender
stereotypes and exacerbate harm; and the long-term impact on victims’ physical and
psychological well-being, enjoyment of other human rights and their ability to pursue
life goals. The provision of comprehensive reparations, including monetary
compensation, rehabilitation, satisfaction and guarantees of non-repetition, is essential
and must be accompanied by diverse measures and reforms designed to combat
inequality and legal, structural and socioeconomic conditions that perpetuate genderbased discrimination. Urgent interim reparations designed to respond to the
immediate needs of victims of gender-based violence, including rehabilitation and
access to physical and mental health care, should also be provided where necessary.
69.
States must repeal all laws that support the discriminatory and patriarchal
oppression of women, inter alia laws that exclude marital rape from the crime of rape
or grant pardon to rapists who marry their victims and laws that criminalize adultery.
In addition, States must decriminalize same-sex relationships between consenting
adults and repeal all laws that criminalize persons on the basis of their actual or
perceived sexual orientation or gender identity or expression. Comprehensive,
coordinated policies and programmes to combat gender-based discrimination and
violence, inclusive of gender-sensitive trainings of public officials and the
implementation of public education and awareness campaigns, must be developed and
implemented at all levels.
70.
With regard to women, girls, and lesbian, gay, bisexual and transgender
persons in detention, the Special Rapporteur calls on all States to:
(a)
Fully and expeditiously implement the Bangkok Rules and establish
appropriate gender-specific conditions of detention;
(b)
Use pretrial detention as a means of last resort in accordance with the
Tokyo Rules and prioritize the use of alternative measures, such as release on bail or
personal recognizance;
(c)
Guarantee the right to effective assistance of counsel, including by means
of a legal aid system, and the right to appeal decisions to a judicial or other competent
independent authority, without discrimination;
42
Committee against Torture, general comment No. 3 (2012) on implementation of article 14 by States
parties.
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