Introduction �
A comprehensive understanding of the unique ways in which society’s most vulnerable per
sons are affected by torture and other cruel, inhuman or degrading treatment or punishment
(ill-treatment) requires the recognition of a gendered analysis and framework that fully encap
sulates these atrocities. Historically, the framework underrepresented this perspective, as the
torture and ill-treatment framework emerged in response to practices and situations dispropor
tionately affecting men. Full incorporation of a gendered analysis brings with it the acknowl
edgment of structural gender discrimination, patriarchal and heteronormative power structures,
and socialized gender stereotypes. Incorporation of a gendered analysis also allows the torture
and ill-treatment framework to more effectively qualify and address human rights violations
committed against all people across sexual and gender norms. In this way, a gendered analy
sis is important for a comprehensive understanding of torture as much as a study of torture is
important for gender studies, and the full recognition of the lived realities of the world’s most
disenfranchised people.
This publication is a follow-up to the report I presented to the United Nations Human Rights
Council (HRC) in March 2016 (A/HRC/31/57). The report examined how the prohibition of tor
ture and other ill-treatment in international law must take into account the unique experiences of
women, girls, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The report
was a reminder to States of their obligation to prevent and combat gender-based violence and
discrimination against women, girls, and LGBTI persons that amount to torture or ill-treatment,
irrespective of whether the acts are committed in the private or public spheres. Moreover, my
report underscored that States must look at the totality of the circumstances of women, girls, and
LGBTI persons in order to account for the lived realities and compounded forms of oppression
that include race, social status, ability to pursue life goals, and extant discriminatory legal, nor
mative, and legislative frameworks. Reparations for harms suffered should be comprehensive
and accompanied by diverse measures and reforms designed specifically to combat gender-based
discrimination.
This volume is a compilation of articles and essays submitted by global experts, activists, schol
ars, and practitioners, invited to reflect and expound upon various areas of my report, its recom
mendations, and on the diverse contexts women, girls, and LGBTI persons experience violence,
often in the form of torture and other ill-treatment. The articles within the publication span the
different topical areas that stand at the intersection of gender and torture and re-centers the nar
ratives. They are both academic and advocacy pieces, covering, inter alia, gender-based violence,
gender and sexuality as the basis for specific harms, conditions of confinement, and healthcare and
reproductive rights. I am proud to present this compilation, which reflects and expands upon the
way the traditional torture and ill-treatment framework failed to account for the experiences of
women and LGBTI persons for too long.
The key topical areas from my report further expanded upon in this volume include:
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