CAT/OP/27/1
46. For instance, in the case of sexual orientation, the Subcommittee has observed
that, in some establishments, involvement in lesbian relationships, whether between
adult women or teenage girls, is considered an offence and is therefore punished. In
some cases, any sign of affection results in the imposition of solitary confinement.
Other indications of discrimination against lesbians include the prohibition of physical
contact, denial of the right to intimate visits and segregation in religious and cultural
activities.
47. The Subcommittee has also found cases in which a large number of persons
deprived of their liberty belong to an ethnic group that has historically suffer ed
discrimination. Although there were special units in some men ’s prisons to address the
situation of this group, no such arrangements existed in women ’s prisons.
48. In the course of some visits, the Subcommittee heard consistent allegations that
women with mental disabilities were ill-treated, allegedly to keep them subdued.
V. Prevention of torture and ill-treatment of women deprived of
their liberty
49. The purpose of this review of the Subcommittee’s experiences during its visits to
places of deprivation of liberty where women are present has been to offer a
systematic overview of its findings with regard to this particular group as a means of
identifying the particular issues to be taken into account during visits by any national
or international body involved in the prevention of torture and ill-treatment. which
will serve as a basis for the formulation of relevant and effective recommendations.
50. It is vital that the unequal power relationships between men and women that
remain entrenched to a greater or lesser extent in nearly all parts of the world are
borne in mind when visiting centres of deprivation of liberty and drafting reports and
recommendations in that connection.
51. It should be recalled that gender asymmetries are expressed throug h genderbased violence and through discrimination in the provision of access to the rights to
work, education, health, recreation, sexuality and family relations, among others. Such
forms of violence and discrimination are exacerbated when combined with o ther
factors, such as social class, ethnicity, age, sexual orientation, nationality, migration
status, health status, type of offence committed and exceptional regimes of detention.
In each case, consideration will be given to whether or not such forms of violence and
discrimination, which may amount to torture and ill-treatment, are in evidence, and
situation-specific recommendations will be made.
52. The Subcommittee has included a broad recommendation in several of its visit
reports regarding the development of a gender-sensitive prison policy in accordance
with the Bangkok Rules. The Rules are without doubt a vital benchmark for the
implementation of the minimum international standards for the protection of women
deprived of their liberty and the prevention of their ill-treatment and torture.
53. When, in response to allegations of torture and ill-treatment of women deprived
of their liberty, such bodies make recommendations to the States parties concerned, it
is important for them to stress the duty of States parties to investigate such claims of
human rights violations, punish the perpetrators and provide reparation to the victims
and to uphold the prohibition of discrimination on the basis of gender.
54. The Subcommittee recalls that, among the basic guarantees that apply to all
persons deprived of their liberty, including women, are the availability of judicial and
other remedies that may be used by persons at risk of torture and ill -treatment in order
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