I N T E G R AT I N G A G E N D E R P E R S P E C T I V E I N T O H U M A N R I G H T S I N V E S T I G AT I O N S • G U I D A N C E A N D P R A C T I C E
III
Violations or abuses that appear to affect mainly
men, such as enforced disappearances, torture
or extrajudicial killing, can also significantly
affect women and have gender-specific
impacts.50 The Working Group on Enforced or
Involuntary Disappearances and the Special
Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment have
recognized several gender-specific aspects of
disappearances and torture.51
Similarly, in its 2015 report on enforced
disappearances and economic, social and
cultural rights, the Working Group on Enforced
or Involuntary Disappearances emphasizes
that “although women and children represent
a minority of the disappeared, their rights are
disproportionately affected when this violation
takes place”.52
Women whose husbands have disappeared
are often ostracized by the community because
their husbands are accused (sometimes falsely)
of crimes, or because people fear associating
with someone who has been the target of an
enforced disappearance. Women who are
forcibly disappeared can also face specific
health concerns, including in relation to their
sexual and reproductive health and rights if they
are pregnant or may become pregnant while in
detention and disappeared. When women are
held in detention facilities that do not provide
the required care, including in relation to their
sexual and reproductive health and rights,
their right to health is also violated. In these
circumstances, States have the obligation to
establish special protection measures for women
who are detained.53
For instance, looking at systemic gender-based
crimes of violence against women through
the lens of torture, the Special Rapporteur
on torture qualified the failure of States to
eliminate persistent practices such as intimate
partner violence, child and forced marriage,
female genital mutilation and so-called “honour
crimes”, as well as the failure to criminalize
marital rape and repeal legislation, including
laws that exculpate rapists who marry their
victims, as violations of the obligation to prevent
and prosecute torture and cruel, inhuman and
degrading treatment or punishment.
See In-depth study on all forms of violence against women:
Report of the Secretary-General, A/61/122/Add.1, para.
143.
50
For a detailed analysis on women and enforced
disappearances, see General comment on women affected
by enforced disappearances adopted by the Working Group
on Enforced Disappearances, A/HRC/WGEID/98/2/2013.
For a detailed analysis on women and torture, see Report of
the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment on the applicability
of the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment in international law to
the unique experiences of women, girls, and lesbian, gay,
bisexual, transgender and intersex persons, A/HRC/31/57.
51
Report of the Working Group on Enforced or Involuntary
Disappearances, Study on enforced or involuntary
disappearances and economic, social and cultural rights,
A/HRC/30/38/Add.5, para. 20.
52
Ibid., para. 21.
53
44
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