A/74/148
69. In the light of the scale and nature of this phenomenon and of the societal
factors that sustain it, States should adopt multifaceted strategies and measures
to prevent and combat it effectively. In determining appropriate policies,
measures and practices, the victims’ rights and needs, including the best interests
of the child, should be prioritized and safeguarded at all times.
VI. Recommendations
70. In the light of the above observations, the Special Rapporteur offers the
following recommendations to States with a view to strengthening their capacity
to ensure the effective prevention of torture and other cruel, inhuman or
degrading treatment or punishment in the context of domestic violence.
A.
Ratification or adoption of international instruments
71. States should adopt and/or ratify, without reservations, all international
legal instruments aiming to give effect to the prohibition of torture and illtreatment, including the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the Optional Protocol thereto, the
Convention on the Rights of the Child, the Convention on the Elimination of All
Forms of Discrimination against Women and the Optional Protocol thereto, and
the Convention on the Rights of Persons with Disabilities. States should also
adopt the measures set out in the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (the Istanbul
Convention) and in other relevant universal and regional instruments relating to
gender-based violence and the protection of the child.
B.
National laws, policies and practices
72. States should refrain from promoting violent, discriminatory or
dehumanizing narratives, policies and practices that contribute to societal norms
and structures that uphold and perpetuate domestic violence.
73. States should repeal or reform any laws, policies and practices that
instigate, permit, enable or tolerate domestic violence, for instance, by allowing
husbands to “chastise” their wives or children; by excluding marital rape from
criminal prosecution; by restricting access to divorce, property, inheritance or
child custody rights and related legal proceedings; or by limiting the capacity of
victims to prevent, escape from or otherwise protect themselves against domestic
violence.
74. States should take legislative and other measures to criminalize and prevent
domestic violence and to empower victims or potential victims to resist or escape
from such abuse. They should reform judicial systems and procedures so as to
enable victims or potential victims to obtain protective measures against any
form of domestic violence.
75. In particular, States should never perpetrate, instigate or otherwise
encourage domestic violence, but instead should explicitly prohibit, prevent,
investigate and ensure appropriate accountability and redress for such abuse,
including between current and former spouses. That includes, inter alia, any
form of the following predominant patterns of domestic violence, all of which are
relevant under the prohibition of torture and ill-treatment: killings; physical
violence; sexual violence; psychological and emotional violence, including
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