A/55/290
7.
The Optional Protocol provides, inter alia, that
either individuals or groups of individuals may submit
individual complaints to the Committee on the
Elimination of Discrimination against Women. Its
criteria for receiving complaints and its functions are
modelled on comparable existing procedures or
practices of other international human rights
instruments such as the Human Rights Committee and
the Committee against Torture. The Committee on the
Elimination of Discrimination against Women will
consider complaints admissible if all available
domestic remedies have been exhausted and if the
complaint has not already been examined by the
Committee or has been or is being examined under
another procedure of international investigation or
settlement. The Special Rapporteur also notes the
possibility for the Committee to take interim measures.
After receipt of a communication and prior to its final
decision on the merits of the case, the Committee will
have the option of sending urgent communications
requesting States parties to take the necessary steps to
protect the alleged victim or victims from irreparable
harm. Similarly, the Special Rapporteur notes with
appreciation the inclusion of article 11 which requires a
State party to ensure that all individuals under its
jurisdiction are not subjected to ill-treatment or
intimidation as a consequence of communicating with
the Committee. He notes that a similar provision is
contained in the Convention against Torture (see article
13).
8.
The Special Rapporteur would like to recall that
the Committee on the Elimination of Discrimination
against Women, in its general recommendation No. 19,
entitled “Violence against women” (see A/47/38),
enumerated the right not to be subjected to torture or to
cruel, inhuman or degrading treatment or punishment
among those rights impaired or nullified by genderbased violence under international law and constituting
discrimination within the meaning of the Convention.
It stated that the definition in article 1 of the
Convention 1 should be interpreted as encompassing
gender-based violence, that is, violence that is directed
against a woman because she is a woman or that affects
women disproportionately. It includes acts that inflict
physical, mental or sexual harm or suffering, threats of
such acts, coercion and other deprivations of liberty.
While
mechanisms
established
under
other
international human rights instruments are available to
men and women alike, the Special Rapporteur
welcomes the forthcoming opportunity given to women
and advocates of women’s rights to use the specific
mechanism provided by the Optional Protocol.
9.
Finally, the Special Rapporteur notes the adoption
on 29 March 2000 by the Human Rights Committee of
general comment No. 28 on equality of rights between
men and women (article 3 of the International
Covenant on Civil and Political Rights) (see A/55/40).
In the general comment (para. 11), the Committee
requests that, in order to be in a position to assess
compliance with article 7 of the Covenant (prohibition
of torture), as well as with article 24 (special protection
for children), States parties provide it with
“information on national laws and practice with
regard to domestic and other types of violence
against women, including rape. It also needs to
know whether the State party gives access to safe
abortion to women who have become pregnant as
a result of rape. The States parties should also
provide the Committee with information on
measures to prevent forced abortion or forced
sterilization. In States parties where the practice
of genital mutilation exists information on its
extent and on measures to eliminate it should be
provided. The information provided by States
parties on all these issues should include
measures of protection, including legal remedies,
for women whose rights under article 7 have been
violated.”
Similarly, the Special Rapporteur would welcome
information on these issues from governmental and
non-governmental sources.
B. Torture and children
10. The Special Rapporteur has continued to receive
information regarding a significant number of instances
where the victims of torture or cruel, inhuman or
degrading treatment or punishment are children. The
conditions of detention for children in pre-trial centres
and prisons continue to be of concern to the Special
Rapporteur.
Severe
overcrowding,
unsanitary
conditions and inadequate and/or insufficient food and
clothing are often exacerbated by a shortage or absence
of adequately trained professionals. The resulting lack
of appropriate attention to the medical, emotional,
educational, rehabilitative and recreational needs of
detained children can result in conditions that amount
to cruel or inhuman treatment. The Special Rapporteur
3