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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents