Jackie Jones, Jeanne Sarson, and Linda MacDonald
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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.
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