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GENDER PERSPECTIVES ON TORTURE: Law and Practice
reparation and redress from the State, including fair and adequate financial compensa
tion and provision of the means for medical care and rehabilitation.”97
The effective investigation of acts of sexual violence must also take into account other international
standards, such as the standards developed by the World Health Organization (WHO) regarding the
preparation of medico-legal reports on these violations. Relevant WHO publications on these issues
include “Guidelines for medico-legal care for victims of sexual violence”98 and the recent guide on
“Health care for women subjected to intimate partner violence or sexual violence.”99
Similarly, the previously cited report by Special Rapporteur on torture Manfred Novak empha
sized 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 valuable insights into the particular challenges posed by vio
lence against women.100
With regard to justice for women victims of torture, Special Rapporteur Novak observed that
“in many contexts, the criminal law system, the court rules of procedure and evidence, as well as
reparation and rehabilitation programs and policies are not sufficiently gender-sensitive,” leading
to a situation of powerlessness and discrimination. He therefore called 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.”
Special measures must be adopted in order to encourage women to report torture and ill-treat
ment and ensure that the officials receiving these complaints gather the necessary evidence with
appropriate gender sensitivity. Laws and court rules must therefore be adapted to the specific
needs of victims of sexual violence and ensure that an objective assessment of the victim’s de facto
situation is made in each case.
With regard to gender-sensitive monitoring and investigation, the Special Rapporteur noted
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 of particular concern
to women. The network of partners should include women’s rights groups and relevant academic
and research institutions.”101 He also recommended that “monitoring/fact-finding teams be com
posed in a gender-inclusive manner (including female doctors) and that all its members be trained
to deal with sexual violence and other sensitive gender-specific issues. Fact-finders and monitors
Ibid., p. 78. http://www.ohchr.org/Documents/Publications/training8Rev1sp.pdf.
“The aim of these guidelines is to improve professional health services for all victims of sexual violence
by providing: health care workers with the knowledge and skills that are necessary for the management of
victims of sexual violence; standards for the provision of both health care and forensic services to victims
of sexual violence; guidance on the establishment of health and forensic services for victims of sexual
violence.” WHO. Guidelines for medico-legal care for victims of sexual violence. 2003. http://www.who.int/
violence_injury_prevention/publications/violence/med_leg_guidelines/en/#
99
WHO. Health care for women subjected to intimate partner violence or sexual violence—A clinical handbook—Field
testing version. 2013. http://www.who.int/reproductivehealth/publications/violence/vaw-clinical-handbook/
en/#.
100
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Promotion
and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right
to Development, A/HRC/7/3, January 15, 2008.
101
HRC. Promotion and Protection Of All Human Rights, Civil, Political, Economic, Social And Cultural Rights,
Including The Right To Development, Report of the Special Rapporteur on torture and other cruel, inhuman, or
degrading treatment or punishment, Manfred Nowak, para. 76
97
98
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