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of the world they are still trivialized and the comparison between them and “classic” torture will
raise awareness with regard to the level of atrocity that they can reach. Third, stating that these
forms of violence can amount to torture if States fail to act with due diligence, illustrates the
parallels between torture and other forms of violence against women.
(a)
Intimate partner violence41
45. As with female detainees who experience torture, battered wives may be beaten with hands
and objects, kicked, strangled, stabbed or burned. Rape and other forms of sexual abuse are used
by intimate partners as well as by prison guards or police officers. In both scenarios, physical
violence is usually accompanied by insults, varied forms of humiliation, and threats to kill or
harm the victim or her family members (often children). Domestic violence, as well as torture,
tends to escalate over time, sometimes resulting in death or leaving women’s bodies mutilated or
permanently disfigured. Women who experience such violence, whether in their homes or in a
prison, suffer depression, anxiety, loss of self-esteem and a feeling of isolation. Indeed, battered
women may suffer from the same intense symptoms that comprise the post-traumatic stress
disorder identified in victims of official torture as well as by victims of rape.42 Another parallel
between privately battering women and torture, which refers back to the element of
powerlessness, is the intention to keep the victim in a permanent state of fear based on
unpredictable violence by seeking to reduce the person to submission and destroy his/her
capacity for resistance and autonomy with the ultimate aim of achieving total control.
46. State acquiescence in domestic violence can take many forms, some of which may be
subtly disguised. For instance, “Civil laws that appear to have little to do with violence also have
an impact on women’s ability to protect themselves and assert their rights. Laws that restrict
women’s right to divorce or inheritance, or that prevent them from gaining custody of their
children, receiving financial compensation or owning property, all serve to make women
dependent upon men and limit their ability to leave a violent situation.”43 The Special Rapporteur
considers that States should be held accountable for complicity in violence against women,
whenever they create and implement discriminatory laws that may trap women in abusive
circumstances. State responsibility may also be engaged if domestic laws fail to provide
adequate protection against any form of torture and ill-treatment in the home. For instance, in the
case of A. v. the United Kingdom, the European Court of Human Rights considered a complaint
concerning a minor whose stepfather had repeatedly beaten him. The stepfather had been
acquitted by domestic courts under the defence of “reasonable chastisement” as provided under
English law. The Court, referring to the beatings, found that “treatment of this kind reaches the
41
See E/CN.4/1996/53, para. 50.
42
For a comparison between official torture and domestic violence see Rhonda Copelon,
“Recognizing the egregious in the everyday: domestic violence as torture”, Columbia
Human Rights Law Review, 1994.
43
Not a minute more: Ending violence against women, UNIFEM, New York, 2003, p. 43.
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