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valuable insights into the particular challenges posed by violence against women.
Furthermore, many lessons can be drawn from international criminal law, in particular
when it comes to conceptualizing what acts can be encompassed by the term “rape” and
gender-sensitive rules of evidence and procedure. Refugee law provides valuable insights
not only into the long-term effects of some types of violence, but also in regard to a lack of
action to protect by a given State. Furthermore, other disciplines, such as psychology and
medicine, should be looked to more systematically when analysing whether a specific
violation may constitute torture or not.
72. With regard to justice for women victims of torture, the Special Rapporteur found
that in many contexts, the criminal law system, the court rules of procedure and evidence,
as well as reparation and rehabilitation programmes and policies are not sufficiently
gender-sensitive. He also stressed that the victim’s consent can never be implied in a
de facto situation of powerlessness.
73. The Special Rapporteur therefore calls upon States to ensure that women victims
of torture and ill-treatment by officials enjoy full protection under the law and that
special measures are taken to prevent sexual violence in the contexts of detention and
control. He also strongly recommends that torture and ill-treatment be understood in a
gender-inclusive way and that States extend their prevention efforts to fully include torture
and ill-treatment of women, even if it occurs in the “private” sphere.
74. The Special Rapporteur calls upon States to address stigma, as a central obstacle
hindering women victims to search justice, in particular in cases of sexual violence, at all
stages of the criminal process. Special measures need to be taken to ensure that women
report torture and ill-treatment and that those who receive these complaints secure the
necessary evidence in a gender-sensitive manner. Court rules need to be adapted to the
special needs of victims of sexual violence and ensure that objective assessments of the
de facto powerlessness of a victim are made on a case-by-case basis.
75. As proclaimed by the Nairobi Declaration on Women’s and Girls’ Right to a Remedy
and Reparation, reparation and rehabilitation programmes should be inclusive and
participatory at all stages. Truth-telling, criminal justice and ensuring non-repetition
should be at their core. The categories of crimes that trigger reparation should explicitly
mention gender-specific forms of torture and ill-treatment. Special attention needs to be
paid to measures aimed at overcoming the stigmatization of victims of sexual violence and
to address the socio-economic impact of violence against women. Victims should also have
access to medical services and to support programmes that focus on the psychological
trauma caused by sexual violence. The same is applicable to individual rehabilitation
processes.
76. With regard to gender-sensitive monitoring/fact-finding, the Special Rapporteur
stresses that anti-torture monitoring mechanisms at the national and international levels
should extend their scrutiny of the legal framework to a broad range of laws that might be
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