Jackie Jones, Jeanne Sarson, and Linda MacDonald 33 How Non-State Torture is Gendered and Invisibilized: Canada’s Non-Compliance with the Committee Against Torture’s Recommendations Jackie JoneS, Jeanne SarSon, anD linDa macDonalD* Abstract Non-State torture was recognized by the Committee on Torture in 2008 (CAT/C/GC/2). This chap­ ter examines non-State torture perpetrated within families disproportionately victimizing girls and women including for sale in the commercialised trafficking and sexualized exploitation markets and to the pornification industry. Despite these wide-spread practices, non-State torture violations have not gained much social and legal recognition by States. It is important, therefore, to closely examine why. In this chapter we focus on one country: Canada. Despite the 2012 Concluding Observations of the Committee against Torture presented to Canada recommending Canada incorporate into domestic law torture perpetrated by non-State actors (CAT/C/CAN/CO/6), this has been rejected. By refusing to identify, name, and criminalize non-State inflicted torture, we argue that Canada’s response provides the ‘perfect’ patriarchal form of governmental and legal structural resistance and oppression. Multi-level resistance ranging from the ‘highest’ level to the grass-root reality is exam­ ined. Including Canada’s rejection of the genderization of international obligations related to the * Jackie Jones is Professor of Feminist Legal Studies and activist in the women’s human rights movement, has written, taught and spoken about the need to eliminate violence against women and children using law all over the world. She teaches at the University of the West of England and has specialised in different forms of violence, especially human trafficking and gender equality for more than twenty years. Jackie has written many articles on different aspects of gender, including, transsexual rights in the workplace, same-sex marriage, equality legislation and human dignity. She is member of the Advisory Group on the Istanbul Convention set up to ensure ratification through Parliament in the UK and has recently been appointed as the Chair of the Academic Advisory Panel on Human Trafficking in Wales. She is past President of European Women Lawyers Association and trustee of two women’s organisations in the UK; she is regularly asked to speak and train lawyers and input her views to policy initiatives at local, regional and international levels. She is co-editor (with Prof John Winterdyk) of the Palgrave International Major Reference Work on Human Trafficking (2018). Jeanne Sarson and Linda MacDonald are independent scholars and human rights defenders whose nursing backgrounds, since 1993, have guided their local to global grass-root support to women healing from non-State torture complicated by multiple forms of exploitation organized within family relationships. Membership in the non-governmental organization (NGO) the Canadian Federation of University Women (CFUW) plus working with other NGOs has facilitated panel presentations at United Nations Commissions since 2004 including speaking at the Committee against Torture. These build knowledge about non-State torture and how global discrimination has negated women’s and girls’ human and legal right not to be subjected to torture by non-State actors. They are recent recipients of Women of Peace Awards from Women’s PeacePower Foundation. www.nonstatetorture.org.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents