Violence against women
(27) While welcoming the adoption of the 2001 Marriage Law explicitly prohibiting domestic violence and the
formulation of the Chinese Women Development Programme (2001-2010) prohibiting all forms of violence against
women, the Committee notes the concluding observations of the Committee on the Elimination of All Forms of
Discrimination against Women and joins it in being concerned by the lack of legislation prohibiting all forms of
violence against women, among them marital rape, and providing effective remedies for victims (art. 16).
The State party should pursue its efforts to prevent and punish gender-based violence and, in
particular, adopt legislation explicitly prohibiting all forms of violence against women and providing
access to justice for victims.
(28) The Committee notes the State party’s efforts to ensure that female prisoners are supervised by female
officers. However, the Committee is concerned about reported incidents of violence against women in detention
centres, including against Tibetan nuns in detention, and regrets the lack of information on the number of complaints
and the measures taken to prevent torture and ill-treatment of women in places of detention (arts. 12, 13 and 16).
The State party should ensure that procedures are in place to monitor the behaviour of law
enforcement officials. The State party should promptly and impartially investigate all allegations of
torture and ill-treatment, including sexual violence, with a view to prosecuting those responsible, and
providing redress and compensation to the victims.
Use of violence in the implementation of the population policy
(29) The Committee notes again with concern the lack of investigation into the alleged use of coercive and violent
measures to implement the population policy (A/55/44, para. 122). While taking note of the information provided by
the delegation of the State party that local officials in Lingyi City have been held accountable for using such
coercive and violent measures, the Committee is concerned about the inadequacy of the sanctions actually taken
against these and other officials who have engaged in similar conduct. It is equally concerned by the fact that human
rights defenders, such as Chen Guangcheng, who have provided legal advice to victims and publicly denounced the
use of coercive and violent measures to implement the population policy, have been harassed by the authorities, as
have his lawyers (arts. 12 and 16).
The State party should implement the population policy in full compliance with the relevant provisions
of the Convention and prosecute those responsible for resorting to coercive and violent measures in
implementing such policy, in particular against women belonging to ethnic minority groups.
Compensation and rehabilitation
(30) While noting the information provided about victims’ rights to compensation envisaged in the Law on State
Compensation, the Committee notes with concern the extremely small numbers of cases in which individuals have
received such compensation. The Committee expresses its concern about the limited measures for the rehabilitation
of victims of torture, including sexual violence, trafficking, domestic violence and ill-treatment (art. 14).
The State party should ensure that adequate compensation is provided to victims of torture and
ill-treatment and that appropriate rehabilitation programmes are provided to all victims of torture,
including sexual violence, trafficking, domestic violence and ill-treatment, including medical and
psychological assistance.
Impunity and appropriate penalties for acts of torture
(31) The Committee is deeply concerned that allegations of torture and/or ill-treatment committed by law
enforcement personnel are seldom investigated and prosecuted. The Committee notes with great concern that some
instances of torture involving acts which are considered as “relatively minor offences” can lead to only disciplinary
or administrative punishment (arts. 2, 4 and 12).
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