A/HRC/7/3 page 16 provide shelters and other support to victims, establish measures to encourage women to report domestic violence to the authorities,51 and offer “material and psychological relief to the victims”.52 The Committee against Torture has also referred to the prevalence of domestic violence, and the urgent need to protect women by adopting specific legislative and other measures.53 The Committee has stressed the need to take action in cases where a woman is reportedly being confined against her will by members of her family and the importance of ensuring that fair standards of proof are required.54 49. A side glimpse at refugee law shows that in cases of domestic violence where the State is unable or unwilling to intervene to provide protection, victims have increasingly been recognized as refugees. In one model case, the High Court of Australia granted refugee status to Mrs. Khawar, who claimed to be the victim of serious and prolonged domestic violence on the part of her husband and members of his family, and that the police in Pakistan refused to enforce the law against such violence or otherwise offer her protection. This refusal was considered not only to be a mere inability to provide protection, but also “alleged tolerance and condonation”.55 (b) Female genital mutilation (FGM)56 50. Like torture, female genital mutilation (FGM) involves the deliberate infliction of severe pain and suffering. The pain is usually exacerbated by the fact that the procedure is carried out with rudimentary tools and without anaesthetic. Many girls enter a state of shock induced by the extreme pain, psychological trauma and exhaustion from screaming. The procedure can result in death through severe bleeding leading to haemorrhagic shock, neurogenic shock as a result of 51 See CCPR/CO/74/HUN, para. 10 and CCPR/CO/80/LTU, para. 9. 52 See CCPR/CO/81/LIE, para. 8. 53 See, concluding observations on the Russian Federation, CAT/C/RUS/CO/4, para. 11; South Africa, CAT/C/ZAF/CO/1, para. 23; Qatar, CAT/C/QAT/CO/1, para. 22; Georgia, CAT/C/GEO/CO/3, para. 19; Republic of Korea, CAT/C/KOR/CO/2, para. 17; Greece, CAT/C/CR/33/2, paras. 5 (k) and 6 (l); and Zambia, A/57/44, para. 65 (Zambia). 54 See CAT/C/QAT/CO/1, para. 22. 55 See Alice Edwards, “Age and gender dimensions in international refugee law”, Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection, Erika Feller, Volker Türk and Frances Nicholson eds., (United Kingdom, Cambridge University Press, 2003), p. 60. 56 The World Health Organization defines female genital mutilation (FGM) as all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.

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