A/HRC/31/57
I. Introduction
1.
The present report has been prepared pursuant to Human Rights Council resolution
25/13. In an addendum (A/HRC/31/57/Add.1), the Special Rapporteur makes observations
on cases sent to Governments between 1 December 2014 and 30 November 2015, as
reflected in the communications reports of special procedures mandate holders
(A/HRC/29/50, A/HRC/30/27 and A/HRC/31/79). During the period under review, the
Special
Rapporteur
visited
Georgia
(A/HRC/31/57/Add.3)
and
Brazil
(A/HRC/31/57/Add.4) and conducted a follow-up visit to Ghana (A/HRC/31/57/Add.2)
with the support of the Anti-Torture Initiative.
II. Activities relating to the mandate
2.
On 2 October 2015, the Special Rapporteur delivered a keynote address at a
conference in London on the case against backsliding on the torture ban.
3.
On 5 and 6 November 2015, the Special Rapporteur held expert consultations in
Washington, D.C. on gender and torture, the focus of the present report.
4.
From 29 to 30 October and 13 to 15 December 2015, the Special Rapporteur
attended regional meetings of the Convention against Torture Initiative held in San José and
Marrakech, Morocco.
III. Gender perspectives on torture and other cruel, inhuman and
degrading treatment or punishment
5.
In the present report, the Special Rapporteur assesses the applicability of the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment in
international law to the unique experiences of women, girls, and lesbian, gay, bisexual and
transgender and intersex persons. Historically, the torture and ill-treatment framework
evolved largely in response to practices and situations that disproportionately affected men.
The analysis has thus largely failed to have a gendered and intersectional lens, or to account
adequately for the impact of entrenched discrimination, patriarchal, heteronormative and
discriminatory power structures and socialized gender stereotypes. He highlights in the
report how the torture and ill-treatment framework can be more effectively applied to
qualify human rights violations committed against persons who transgress sexual and
gender norms; identify gaps in prevention, protection, access to justice and remedies; and
provide guidance to States on their obligations to respect, protect and fulfil the rights of all
persons to be free from torture and ill-treatment.
A.
Legal framework
6.
The Special Rapporteur recalls the need to apply the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment in a gender-inclusive manner
(A/55/290). Full integration of a gender perspective into any analysis of torture and illtreatment is critical to ensuring that violations rooted in discriminatory social norms around
gender and sexuality are fully recognized, addressed and remedied.
7.
Gender-based violence, endemic even in peacetime and often amplified during
conflict, can be committed against any persons because of their sex and socially constructed
3