22 GENDER PERSPECTIVES ON TORTURE: Law and Practice tematic forms of discrimination, including based on sex, ethnicity or sexual orientation. Forced domestic labour, often taking the form of forced conscription or forced marriages, has also traditionally been left out. This tendency to include a narrow range of forms of sexual violence in such programmes runs the risk of sexualizing women, if it is not accom­ panied by a serious effort to encompass a broader notion of harm.11 The notoriety of rape of women and girls during conflict can also play into gendered stereotypes about the ownership of women. The crime is often perceived locally as one which impacts spouses, communities and families, even more so than the impact it clearly has on the direct victims. Likewise, the focus on rape as a weapon of war can de-link that conduct from the more tolerated forms of violence that persist in peacetime. Conflict-related violence can be fostered by discrim­ inatory and stereotypical attitudes towards women and girls in society (which operate in both peacetime and during conflict), and often towards race and class. Gender-based violence during peacetime can be a method to enforce social expectations about how individuals should behave. For instance, domestic violence may be used as a tool to exert control over women’s behaviour in the home, and rape and other forms of sexual violence may be used to ‘punish’ individuals for their sexual orientation and/or transgender identity. While reparations for gender-based violence is increasingly talked about and recognised as important, it is rarely implemented, even for those categories of violence that have received most attention. III. The Legal Framework for Reparations It is a basic principle of international law that when an international obligation is breached, a State must provide reparation.12 The obligation to afford reparations is set out in human rights treaties13 and their interpretive bodies,14 in declarative texts,15 by independent experts16 and in judi­ 11 Rashida Manjoo (Special Rapporteur), Report of the Special Rapporteur on Violence Against Women (Reparations for Women Subjected to Violence), ¶ 44, U.N. Doc. A/HRC/14/22, (Apr. 23, 2010)[hereinafter A/HRC/14/22]. 12 Chorzów Factory (Germany v Poland), Jurisdiction, 1927 P.C.I.J. (ser. A) No. 9 at 21. 13 International treaties include: International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976), art 2(3); Convention for the Protection of All Persons from Enforced Disappearance (adopted 20 December 2006, entered into force 23 December 2010), arts 18, 20(2), 24(4); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December 1984, entered into force 26 June 1987) art 14(1); Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (adopted 25 May 2000, entered into force 18 January 2002) art 8; Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (adopted 18 December 1990, entered into force 1 July 2003) art 16(9). 14 E.g., Human Rights Committee, General Comment 31, Nature of the General Obligation on States Parties to the Covenant, U.N. Doc. CCPR/C/21/Rev.1/Add.13 (Mar. 29, 2004)[hereinafter HRC, General Comment 31]; Committee Against Torture, General Comment 3, Implementation of Article 14 by States Parties, U.N. Doc. CAT/C/GC/3 (Dec. 13, 2012)[hereinafter CAT, General Comment 3]; CEDAW Committee, General Recommendation 28, On the Core Obligation of States Parties Under Article 2 of the Convention, ¶ 32, U.N. Doc. CEDAW/C/GC/28 (Dec. 16, 2010). 15 E.g., G.A. Res. 217 (III) A, art.8, Universal Declaration of Human Rights (Dec. 10, 1948); Basic Principles and Guidelines, supra note 9; G.A. Res. 40/34, at 4, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (Nov. 29, 1985); Updated Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, 31, U.N. Doc. E/CN.4/2005/102/Add.1 (Feb. 8, 2005); Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, E.S.C. Res. 1989/65, 20, U.N. Doc. E/1989/89 (May 24, 1989); G.A. Res. 61/295, art. 8(2), Declaration on the Rights of Indigenous Peoples (Sept. 13, 2007); Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation, (Mar. 19-21, 2007), www.fidh.org/IMG/pdf/NAIROBI_DECLARATIONeng.pdf. 16 See also, A/HRC/14/22, supra note 11; Joy Ezeilo (Special Rapporteur), Report of the Special Rapporteur on Trafficking in Persons, Especially Women and Children, U.N. Doc. A/66/283 (Aug. 9, 2011)[hereinafter A/66/283];