A/HRC/7/3
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the same time the precondition for another key objective of reparations: ensuring the
non-repetition of the violence, which might mean that legal and customary practices which
sustain the persistence and tolerance of violence against women must be modified.
III. CONCLUSIONS AND RECOMMENDATIONS
68. With regard to a gender-sensitive definition of torture, the Special Rapporteur
referred to the elements contained in the definition of the Convention against Torture and
stressed that the purpose element is always fulfilled when it comes to gender-specific
violence against women, in that such violence is inherently discriminatory and one of the
possible purposes enumerated in the Convention is discrimination. He also proposed to
introduce an additional element, “powerlessness” to underline that, whereas detention
contexts are classic situations of powerlessness, it can also arise outside of detention or
direct State control. Situations constituting of de facto deprivation of liberty may occur in
different “private” settings. There are also contexts, where fear can create a situation of
total control: battered wives, victims of trafficking, as well as women prisoners who have
been abused are likely to experience a permanent state of fear based on the unpredictable
behaviour of the perpetrator. The Special Rapporteur considers that the concept of
“acquiescence”, aside from the protection obligations, entails a duty for the State to
prevent acts of torture in the private sphere and recalls that the concept of due diligence
should be applied to examine whether States have lived up to their obligations.
69. Echoing international and national jurisprudence, the Special Rapporteur stressed
that rape and other serious acts of sexual violence by officials in contexts of detention or
control not only amount to torture or ill-treatment, but also constitute a particular
egregious form of it, due to the stigmatization they carry. He also recalled that forced
abortions or sterilizations carried out by State officials in accordance with coercive family
planning laws or policies may amount to torture and that any form of corporal punishment
is forbidden under international law. Regarding women-specific aspects of detention, he
stressed that special attention should be paid to pregnant women and mothers of young
babies and the hygienic needs of women. He also pointed to the heightened risk of torture
and ill-treatment if women are guarded by men or not strictly separated from male
co-detainees.
70. The Special Rapporteur concluded that torture and ill-treatment can occur in
different private contexts. He pointed to the striking parallels between “official” and
“private” torture in terms of strategies, process and resulting trauma, and showed that
State acquiescence can occur at different levels. In order to ensure a gender-inclusive
approach to torture, the Special Rapporteur underlined the need to perceive it as a process.
Mental trauma does not happen at one point in time, but needs to be put in context. With
regard to sexual violence, stigma is a crucial element at all stages, starting from its
humiliating intention as well as its impact which, apart from the often devastating physical
and mental consequences, often entails exclusion from the family and/or community and
can lead to outright destitution.
71. The Special Rapporteur underlined that it is crucial to interpret the torture
protection framework in the light of a wide range of human rights guarantees, in particular
the set of rules that has developed to combat violence against women, which can provide
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