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 __________________ 32 33 19-11892 See also Istanbul Convention, art. 36. Ibid., art. 40. 11/23