CCPR/C/114/D/2234/2013
State authorities. The issue in this case is whether the author was subjected to this
particularly egregious form of sexual abuse because she was a woman. As other human
rights bodies, including the Committee on the Elimination of Discrimination against
Women and the European Court of Human Rights, have recognized, violence that is
committed on the basis of sex or gender is discrimination. 8 The Committee on the
Elimination of Discrimination against Women defines gender-based violence as violence
that is directed against a woman because she is a woman or that affects women
disproportionately.9 Under this approach, not all acts of violence committed against women
are discrimination; violence is gender based if it is “motivated by ‘factors concerned with
gender,’ such as the need to assert male power and control, to enforce assigned gender roles
or to punish perceived deviant female behavior”.10 The mere fact that abuses such as rape or
forced sterilization are also capable of being committed against men does not preclude the
possibility that they can constitute gender-based discrimination.
4.
In the present case, the author presents compelling evidence that she was singled out
for egregious harassment, abuse and torture because of her political opinion as a human
rights activist. But the peculiarly gendered nature of her abuse — threats of rape by the
police, gang rape while in detention and forced sterilization through the removal of her
uterus — establishes compellingly that State agents chose the form of her abuse because
she was a woman. There is no question that this conduct, which the Committee also
properly finds constituted torture and extreme gender-based violence, cannot be supported
by any reasonable and objective justification or legitimate aim. The Committee thus
correctly finds that the author was discriminated against because of her sex in violation of
article 26.
8
9
10
See Committee on the Elimination of Discrimination against Women, general recommendation No.
19 (1992), para. 6; European Court of Human Rights, Opuz v. Turkey, application No. 33401/02,
judgement of 9 June 2009, paras. 187, 190, 202 (citing with approval jurisprudence of the Committee
on the Elimination of Discrimination against Women and the Inter-American Commission on Human
Rights that violence against women is a form of discrimination against women, and finding the
State’s failure to effectively address domestic violence constituted discrimination in violation of
article 14 in conjunction with article 3 of the European Convention on Human Rights); Mudric v.
Moldova, application No. 74839/10, judgement of 16 October 2013, para. 64 (same).
See Committee on the Elimination of Discrimination against Women, general recommendation No.
19, para. 6.
See M. Freeman, C. Chinkin, and B. Rudolf, eds., The UN Convention on the Elimination of All
Forms of Discrimination Against Women: A Commentary (2012), p. 452.
19
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