A/74/148
of a chosen method of contraception (contraceptive sabotage), as well as efforts to
coerce pregnancy, pregnancy outcomes, or abortion. All of those phenomena are
associated with serious reproductive consequences including unintended pregnancy,
abortion, sexually transmitted infections, poor pregnancy outcomes and
psychological trauma. 56 Women experiencing partner violence tend to be at higher
risk of experiencing reproductive coercion. 57
52. There is a continuum between certain forms of reproductive coercion and laws
that restrict reproductive freedom. In particular, as repeatedly pointed out by the
Committee Against Torture, denying victims of rape access to medically safe abortion
can violate the prohibition of torture and ill-treatment (CAT/C/BOL/CO/2, para. 23;
CAT/C/POL/CO/5-6, para. 23; CAT/C/PER/CO/5-6, para. 15).
53. In the view of the Special Rapporteur, given that reproductive coercion
intentionally interferes with the personal dignity, integrity and autonomy of the victim
for coercive or discriminatory purposes and can inflict se vere pain or suffering, it can
amount to torture or, in the absence of one or more of those constitutive elements, to
other cruel, inhuman or degrading treatment or punishment.
IV. Prioritizing the rights and needs of victims, including the
best interests of the child
54. By definition, domestic violence takes place within the sphere of the family or
the home and, more often than not, is perpetrated in a context where perpetrators
exercise economic, social, legal and/or emotional power over the victims . In that
context, ensuring effective and adequate enforcement of the law and protection of
victims is a particularly delicate and complex matter. In particular, as the Special
Rapporteur has indicated before, prosecution and the imposition of sanctions,
including imprisonment, must result from a nuanced determination that prioritizes the
rights and needs of victims, including the best interests of the child ( A/HRC/31/57,
para. 62).
55. In practice, victims of domestic violence are often deprived of access to justice.
Some victims may be separated from their families or institutionalized as a result of
their experiences coming to the authorities’ attention. When domestic violence is
litigated or prosecuted, victims are frequently re-traumatized by the manner in which
subsequent civil and criminal legal proceedings are conducted. Perpetrators of serious
violence may be unjustly acquitted or punished with a mere fine and set free without
any, or without adequate, preventative or protective measures for the victim. Even
where perpetrators are convicted and imprisoned, victims often experience severe
additional suffering through social pressure, loyalty conflicts, feelings of guilt and
shame and, crucially, through economic hardship when the perpetrator is also the
breadwinner of the family.
56. When addressing the complex challenges arising in the context of domestic
violence, States should therefore take a comprehensive approach and all measures of
prevention, intervention and redress should be informed and guided primarily by the
rights and needs of the victims, including the best interests of the child. Most notably,
in order to avoid undue social pressure and manipulation, States confronted with
circumstances and cases indicative of domestic violence should systematically
conduct full ex officio investigations with a view to establishing the facts and ensuring
__________________
56
57
19-11892
J. Park et al, “Reproductive coercion: uncloaking an imbalance of social power ”, in American
Journal of Obstetrics and Gynecology, August 2015.
E. Miller et al, “Reproductive Coercion: Connecting the Dots Between Partner Violence and
Unintended Pregnancy” in Contraception, June 2010, vol. 81, iss. 6, pp. 457–459.
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