A/HRC/7/3
page 12
“a permanent and ongoing form of persecution”32 and to “involve drastic and emotionally painful
consequences that are unending”.33 The Special Rapporteur recalls that enforced sterilization as
well as forced pregnancy constitute crimes against humanity when committed as part of a
widespread or systematic attack directed against any civilian population.34
(c)
Corporal punishment
40. Between 2004 and 2007 the Special Rapporteur sent 13 joint communications
concerning 21 women sentenced to death by stoning and 2 sentenced to flogging under sharia
law. Stoning is a method of capital punishment primarily used for crimes of adultery and other
related offences, of which women are disproportionately found guilty, which is inconsistent with
the prohibition of discrimination on the basis of sex enshrined in all major human rights
instruments, including the Convention on Elimination of All Forms of Discrimination against
Women (CEDAW).35 The Special Rapporteur on torture, the Human Rights Committee, the
Committee against Torture and the Commission on Human Rights have reiterated that any form
of corporal punishment is contrary to the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment.36
(d)
Women-specific aspects of detention
41. Women in contexts of detention or control, such as psychiatric institutions or social care
centres, have specific needs in terms of reproductive health care, family contact, hygiene, etc.,
which are often overlooked. They are often the sole or primary caregivers of young children and
therefore frequently mention concern for their children as their biggest worry, especially at the
initial stage of detention.37 Breastfeeding mothers are exposed to particular suffering when they
are separated from their babies. Pregnant women should not be deprived of their liberty unless
there are absolutely compelling reasons to do so and their particular vulnerability should be
borne in mind. If they need to be detained, the quality and quantity of food and the medical care
provided to pregnant women should meet their specific requirements. Measures of physical
32
Matter of Y-T-L-, 23 I & N Dec. 601 (BIA 2003), US Board of Immigration Appeals,
available at http://www.usdoj.gov/eoir/vll/intdec/vol23/3492.pdf.
33
United States Court of Appeal for the Ninth Circuit, Qu v. Gonzales, No. 03-71141,
March 2005.
34
Rome Statute of the International Criminal Court, article 7, paragraph 1 (g).
35
Statement by Yakin Ertürk, Special Rapporteur on violence against women,
Istanbul, 26 November 2007, pp. 2-3.
36
37
See A/60/316, paras. 18-28.
Megan Bastick, Women in Prison: A commentary on the Standard Minimum Rules for the
Treatment of Prisoners, Quaker United Nations Office, 2005.
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