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GENDER PERSPECTIVES ON TORTURE: Law and Practice
Gender-Based Violence
Gender-based violence is globally prevalent and can occur against any person due to their sex
and socially constructed gender roles. Whether in peacetime or during conflict, women, girls, les
bian, gay, bisexual, transgender persons, and sexual minorities and gender non-conforming indi
viduals are the predominant targets of gender-based violence. Men and boys can also be victims
of gender-based violence, including sexual violence. As the Committee against Torture noted in
its general comment No. 2 (2007), gender-based violence can take the form of sexual violence and
many other forms of physical violence and mental torment.
This publication builds on my report, which introduced the impact of entrenched discrimina
tion, patriarchal, heteronormative and discriminatory power structures and socialized gender ste
reotypes to identify gaps in the torture and ill-treatment framework. More specifically, the report
provided guidance to States on their obligations and recommendations to bridge the gaps in pre
vention, protection, and access to justice and remedies. The articles within this publication each
contribute to many different ways in which women, girls, and LGBTI persons experience violence
due to their sex, socially constructed gender role, and sexual orientation. Furthermore, the articles
emphasize States’ obligations to prevent and combat such violence, including investigation and
prosecution of gender-based crimes and provision of reparations.
Specific Harms
Women and girls disproportionality suffer from harmful practices or forms of behavior grounded
in discrimination on the basis of sex, gender, and age. Harmful practices are often justified under
the basis of social norms, cultural beliefs, tradition, or religion, but harmful practices are motivated
in part by societal sex and gender-based roles. Such practices are harmful in that the practice can
cause physical or psychological harm or suffering, including short and long-term consequences
to victim’s dignity, physical and psychological integrity and development, health, education, and
socioeconomic status. The articles addressing this key topical area focus on practices, such as honor
killings, female genital mutilation, and mandatory pregnancy or virginity testing of girls. The arti
cles stress not only eradication of such harmful practices, but also the importance of incorporating
a gender perspective to both international and domestic legal frameworks.
As my report states, it is estimated that 35 percent of women worldwide have experienced phys
ical or sexual intimate-partner or non-partner violence, with significantly higher figures reported
in some States. Torture and ill-treatment of persons on the basis of actual or perceived sexual orien
tation or gender identity is rampant, with rape and other forms of sexual violence sometimes being
used as a form of “moral cleansing” of LGBTI persons (S/2015/203, A/HRC/25/65). Today, rape
and other forms of sexual violence are recognized by international law as torture and ill-treatment.
The authors in this publication address the urgency of States’ due diligence obligations to ensure
redress from the disproportionate effect of violence against women, girls, and LGBTI persons.
Recognizing all forms of gender-based violence as torture or ill-treatment, whether in the public
or private sphere, is essential not only to the full understanding of torture, but to upending deeprooted power dynamics, thus allowing for the full realization of human rights for all.
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