A/HRC/7/3
page 21
Some forms of torture might constitute continuing and permanent violations and in some cases,
re-exposure to the stimulus might constitute psychological torture (e.g. when medical expertise
indicates that there might be a risk of suicide if a survivor is returned). In the refugee context,
even if there is no risk of future persecution, past persecution may nonetheless warrant granting
of international protection.81
60. Another gendered aspect of non-refoulement is the argument used with regard to the risk of
women to be subjected to FGM, that there is a possibility of “internal flight”, meaning women
can return and live safely in another part of the country. In particular in gender-based refugee
claims, the lack of State protection in one part of the country is often an indication that the State
is also not able or willing to protect the woman or girl in any other part of the country.
Furthermore, if the woman or girl relocates, for example from a rural to an urban area to avoid
FGM, the protection risks in the place of relocation would have to be carefully assessed.82
C. Justice for women-survivors of torture
1. Access to justice
61. Whereas in many parts of the world women have to overcome a variety of hurdles,
including financial and economic constraints, restricted movement, discriminatory laws etc. in
order to access justice, victims of sexual violence face particular obstacles at all stages of the
criminal justice system. While not widely used, international instruments lay the foundation for
special temporary measures to be taken to ensure effective access to justice for women with
respect to all forms of violence, including through the enjoyment of fundamental economic and
social rights, without which women are less likely to seek justice. In addition, women often do
not report sexual violence because of the stigma and sometimes rejection they fear from their
family or community. In a recent decision the Committee against Torture held that “It is
well-known that the loss of privacy and prospect of humiliation based on revelation alone of the
acts concerned may cause both women and men to withhold the fact that they have been subject
to rape and/or other forms of sexual abuse until it appears absolutely necessary. Particularly for
women, there is the additional fear of shaming and rejection by their partner or family
Trafficking and Persons At Risk of Being Trafficked (HCR/GIP/06/07), available at
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=443679fa4.
81
See UNHCR’s Position on Categories of Persons from Bosnia and Herzegovina in Continued
Need of International Protection, September 2001, para. 82. For a discussion of the obstacles to
return arising from past persecution, see United Nations High Commissioner for Refugees and
United Nations High Commissioner for Human Rights, Daunting Prospects - Minority Women:
Obstacles to their Return and Integration (Sarajevo, April 2000), p. 16.
82
For detailed guidance on internal flight, see UNHCR Guidelines on International Protection
No. 4 “Internal Flight or Relocation Alternative” within the Context of Article 1A (2) of
the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees (HCR/GIP/03/04),
available at http://www.unhcr.org/publ/PUBL/3f28d5cd4.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents