A/73/207
(e)
Children
68. Children naturally experience greater vulnerability than adults, owing to their
stage of development and limited capacity to escape or react to abuse emanating from
their environment. That vulnerability is compounded in legal systems that allow or
tolerate domestic violence, sexual abuse, child marriage and child labour and is
particularly exacerbated in the case of children who are forcibly institutionalized in
prisons, juvenile detention centres, orphanages or medical institutions. That children
deprived of their liberty are at a heightened risk of depression, anxiety or other
psychological trauma and more prone than others to suicide and self-harm has been
well documented. Even short periods in detention can substantially undermine the
well-being and cognitive development of children. It is therefore of the utmost
importance that children not be deprived of their liberty, excep t as a measure of last
resort and in compliance with the principle of the best interests of the child
(A/HRC/28/68).
(f)
Women and girls
69. Women and girls often face a heightened exposure to violence and sexual abuse,
not only when deprived of their liberty but also in various extra -custodial contexts.
That vulnerability is particularly pronounced in legal systems that foster or tolerate
the discrimination, oppression and exploitation of women and girls, i ncluding through
child marriage, forced marriage, marital rape and chastisement, where women ’s rights
to property, divorce or inheritance are restricted, or where they are prevented from
obtaining custody of their children or from leaving violent situation s (A/HRC/7/3,
para. 46, and A/HRC/31/57).
(g)
Lesbian, gay, bisexual, transgender and intersex persons
70. Throughout the world, lesbian, gay, bisexual, transgender and intersex (LGBTI)
persons face a substantial risk of torture and ill-treatment, including sexual abuse and
humiliation. That vulnerability is particularly pronounced in States in which persons
are criminalized, stigmatized, persecuted or harassed for their actual or perceived sex,
gender identity or expression, sexual orientation or non-adherence to dominant social
norms regarding gender and sexuality (A/HRC/31/57, para. 15, and A/HRC/19/41).
(h)
Older persons
71. Persons approaching the end of natural life expectancy tend to become more
dependent and vulnerable, particularly when deprived of their liberty or
accommodated in institutionalized care. The general vulnerability of older persons is
often exacerbated by systemic and structural barriers to their enjoyment of human
rights, including disability-related discrimination, ageism, neglect and disregard.
Only a few States provide complaints mechanisms that are accessible to persons with
limited communication abilities, 18 or supported decision-making for persons
requiring assistance in exercising their legal capacity ( E/2012/51, para. 21). In the
view of the Special Rapporteur, therefore, older persons’ particular experiences of
vulnerability and their consequent exposure to a heightened risk of torture and ill treatment deserve broader attention.
(i)
Persons with disabilities
72. Persons with disabilities face a heightened risk of torture or ill-treatment in a
variety of custodial and extra-custodial contexts. Severe abuse, which can take the
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18
18-12051
Committee against Torture, general comment No. 3 (2012) on the implementation of article 14 by
States parties (para. 23).
19/23
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