A/74/148
26. In the view of the Special Rapporteur, killings that result from or are preceded
by domestic violence, including culpable neglect or physical, psych ological or
emotional abuse resulting in self-harm, engage not only the right to life, but also the
prohibition of torture and ill-treatment and the related positive obligations and
aggravate the crime or violation in question.
B.
Physical violence
27. Physical violence within the home or between family members, including
former spouses or partners, is widespread throughout the world. In the context of
domestic violence, the use of physical force is always abusive, save for very
exceptional circumstances, in which its use is absolutely necessary and proportionate
for self-defence or to otherwise protect a person against imminent death or serious
injury. Physical violence may include a wide range of transgressions including,
inter alia, hitting, slapping, pushing, kicking, misuse of medication and inappropriate
restraint. Physical violence includes all forms of corporal punishment, which is
defined as any punishment in which physical force is used and intended to cause some
degree of pain or discomfort. In its general comment No. 13, the Committee on the
Rights of the Child affirmed that no form of violence against children, however light,
could be tolerated, including in the familial sphere, and reiterated the States ’
obligation to prevent violence and protect child victims. The Committee further
reiterated that corporal or physical punishment is invariably degrading and must be
prohibited (A/61/299, paras. 56, 60 and 62). As the Committee underlined in
paragraph 61 of the above-mentioned general comment, the “best interests of the
child” criterion cannot be used to justify practices, including corporal punishment and
other forms of cruel or degrading punishment, that conflict with the child ’s human
dignity and right to physical integrity.
28. In the view of the Special Rapporteur, any form of physical abuse occurring
within the home or between family members amounts to cruel, inhuman or degrading
treatment or punishment and, in case of intentional and purposeful or discriminatory
infliction of severe pain and suffering on a powerless person, to torture.
C.
Sexual violence
29. Sexual violence includes rape and any other non-consensual act of a sexual
nature between adults, including current and former spouses, 32 as well as any act of a
sexual nature by adults with children. Between adults, consent must be given
voluntarily as the result of the person’s free will assessed in the context of the
surrounding circumstances. Consent can be conditional on a multitude of personalized
factors, such as the use of contraceptives or protection against the transmission of
disease, and can be unilaterally withdrawn at any time. Sexual violence can also
include sexual harassment, namely any form of unwanted verbal, non-verbal or
physical conduct of a sexual nature with the purpose or effect of violating the dignity
of a person, in particular when creating an intimidating, hostile, degrading,
humiliating or offensive environment. 33
30. Sexual violence is always an attack on human dignity and inflicts lasting and
multifaceted harm on victims, capable of destroying childhoods and entire lives. Both
female and male victims can be subjected to sexual violence at any age, including
during childhood and old age, at the hands of parents, siblings or other relatives,
caregivers, intimate partners or acquaintances, as well as strangers. According to a
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32
33
19-11892
See also Istanbul Convention, art. 36.
Ibid., art. 40.
11/23
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