Advance unedited version CEDAW/C/77/D/133/2018
such as using the toilet, which was located inside the cell and was blocked from
view on only one side by a screen intended to give an impression of privacy, but
which did not obstruct the view of the toilet from the door, or was left completely
open. These allegations have not been challenged by the State party. The
Committee recalls that respect for women prisoners’ privacy and dignity must be a
high priority for the prison staff. The Committee considers that the disrespec tful
treatment of the author by penitentiary agents, namely male prison staff, including
inappropriate touching and unjustified interference with her privacy, constitutes
sexual harassment and discrimination within the meaning of articles 1 and 5 (a) of
the Convention, as explained in General recommendation No. 35 on gender-based
violence against women. The Committee is of the opinion that sexual harassment
is a form of gender-based violence, which can be humiliating and may further
constitute a health and safety problem. The Committee considers that in the present
case, the author suffered moral damages and prejudice due to the humiliating and
degrading treatment, sexual harassment and negative health consequences suffered
during detention. Accordingly, the Committee concludes that the State party failed
to meet its obligations under articles 2 and 5 (a) of the Convention. 10
7.8 In accordance with article 7 (3) of the Optional Protocol to the Convention,
and in the light of all the above considerations, the Committee is of the view that
the State party has failed to fulfil its obligations under articles 2 (a), (b), (d), (e)
and (f), 3 and 5 (a), 12 and 15 read in conjunction with article 1 of the Convention.
The Committee refers to the elaboration in General recommendation No. 35 on
gender-based violence against women, updating general recommendation No. 19
of the Committee.
7.9
The Committee makes the following recommendations to the State party:
(a)
Concerning the author of the communication:
(i) Provide appropriate reparation, including adequate compensation, to the
author, commensurate with the gravity of the violations of her rights;
(ii) Provide appropriate health services to address the negative health consequences
suffered by the author.
(b)
In general:
(i) Take measures to ensure the protection of the dignity and privacy, as
well as the physical and psychological safety, of women detainees in all
detention facilities, including adequate accommodation and materials
required to meet women’s specific hygiene needs in line with the Convention
as well as the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
(ii) Ensure access to gender-specific health care for women detainees
including appropriate psychological services in prisons;
(iii) Ensure that allegations by women detainees about discriminatory, cruel,
inhuman or degrading treatment are effectively investigated and perpetrators
are prosecuted and adequately punished;
(iv) Provide safeguards to protect women detainees from all forms of abuse,
including gender-specific abuse, and ensure that women detainees are
searched and supervised by properly trained women staff in line with the
Convention as well as the United Nations Rules for the Treatment of Women
__________________
10
See Abramova v. Belarus (CEDAW/C/49/D/23/2009), para. 7.7.
9/10