A/HRC/7/3
page 10
36. The case law presented here has, without exception, emphasized the severe pain and
suffering endured by victims of rape. However, the Special Rapporteur wishes to highlight some
of the unique dimensions of this form of torture. When Government officials use rape, the
suffering inflicted might go beyond the suffering caused by classic torture, partly because of the
intended and often resulting isolation of the survivor. In some cultures a rape victim may be
rejected or formally banished from her community or family. This rejection greatly hinders the
psychological recovery of the victim and often condemns her to destitution and extreme poverty.
Even when rape survivors are not rejected they still face important difficulties in establishing
intimate relationships.20 Furthermore, raped women are often infected with sexually transmitted
diseases or may experience unwanted pregnancies, miscarriages, forced abortions or denial of
abortion.21 Because of the stigma attached to sexual violence, official torturers deliberately use
rape to humiliate and punish victims but also to destroy entire families and communities. This is
particularly clear when State officials force family members to rape their female relatives or to
witness their rape. The Akayesu decision, in which the International Criminal Tribunal for
Rwanda (ICTR) recognized rape as a form of genocide in the same way as any other act
committed with specific intent to destroy a particular group, is a striking acknowledgment of the
destructive potential of rape. The ICTR made it explicit that these rapes resulted in the physical
and psychological destruction of Tutsi women, their families and their communities.22
(b)
Violence against pregnant women and denial of reproductive rights23
37. In its general comment No. 28 (2000) on article 3 (The equality of rights between men and
women), the Human Rights Committee explicitly indicated that breaches of article 7 include
forced abortion as well as denial of access to safe abortion to women who have become pregnant
as a result of rape. The Committee against Torture has also identified reproductive decisions as a
context in which women are particularly vulnerable24 and expressed concern regarding
domestic legislation that severely restricts access to voluntary abortion in cases of rape.25
They have also condemned the practice of attempting to obtain confessions as a condition of
20
See for example, Evelyn Mary Aswad, “Torture by means of rape”, Georgetown Law
Journal, vol. 84, No. 5 (May 1996), p. 1913. Available at: http://spr.org/pdf/Torture%20by%
20Means%20of%20Rape.pdf.
21
See also A/54/426, A/55/290, A/59/324, E/CN.4/1995/34 and E/CN.4/1998/54.
22
Prosecutor v. Akayesu, ICTR-96-4, 13 February 1996, amended 17 June 1997.
23
The Special Rapporteur has sent nine communications in the last four years, linked to
miscarriages as a result of torture or ill-treatment in detention. See for example
A/HRC/4/33/Add.1, para. 11. He has also received information regarding female detainees
forced to undergo abortions, so that they could be sent to labour camps. See for example
E/CN.4/2005/62/Add.1, para. 286.
24
CAT general comment No. 2 (2007) on implementation of article 2 by States parties, para. 22.
25
See for example, concluding observations on Peru, CAT/C/PER/CO/4, para. 23.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents