prohibits specified acts when carried out for “any reason based on discrimination of any kind…”. The Committee emphasizes that the discriminatory use of
mental or physical violence or abuse is an important factor in determining
whether an act constitutes torture.
21. The protection of certain minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or
ill-treatment. States parties must ensure that, insofar as the obligations arising
under the Convention are concerned, their laws are in practice applied to all
persons, regardless of race, colour, ethnicity, age, religious belief or affiliation,
political or other opinion, national or social origin, gender, sexual orientation,
transgender identity, mental or other disability, health status, economic or
indigenous status, reason for which the person is detained, including persons
accused of political offences or terrorist acts, asylum-seekers, refugees or others
under international protection, or any other status or adverse distinction.
States parties should, therefore, ensure the protection of members of groups
especially at risk of being tortured, by fully prosecuting and punishing all acts
of violence and abuse against these individuals and ensuring implementation
of other positive measures of prevention and protection, including but not
limited to those outlined above.
22. State reports frequently lack specific and sufficient information on the
implementation of the Convention with respect to women. The Committee
emphasizes that gender is a key factor. Being female intersects with other
identifying characteristics or status of the person such as race, nationality,
religion, sexual orientation, age, immigrant status etc. to determine the ways
that women and girls are subject to or at risk of torture or ill-treatment and
the consequences thereof. The contexts in which females are at risk include
deprivation of liberty, medical treatment, particularly involving reproductive
decisions, and violence by private actors in communities and homes. Men are
also subject to certain gendered violations of the Convention such as rape
or sexual violence and abuse. Both men and women and boys and girls may
be subject to violations of the Convention on the basis of their actual or perceived non-conformity with socially determined gender roles. States parties
are requested to identify these situations and the measures taken to punish
and prevent them in their reports.
23. Continual evaluation is therefore a crucial component of effective measures. The Committee has consistently recommended that States parties provide data disaggregated by age, gender and other key factors in their reports
to enable the Committee to adequately evaluate the implementation of the
Appendices ► Page 115
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