Carla Ferstman 19 Reparations for Sexual and Other Gender-Based Violence carla FerStman* Abstract This chapter considers the legal framework related to reparations for sexual and other gender-based violence. It describes the way in which the legal framework has evolved over time and the challenges for victims of sexual and other gender-based violence to access reparation in practice. I. Introduction The Special Rapporteur’s report on gender perspectives of torture assesses the applicability of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in inter­ national law to the unique experiences of women, girls, and lesbian, gay, bisexual, transgender, and intersex persons.1 He determines that “The torture protection framework must be interpreted against the background of the human rights norms that have developed to combat discrimination and violence against women.”2 A part of that protection framework is the obligation to afford rep­ arations for torture. Taking that as a starting point, this article analyses the normative content of the right to reparation for torture from a gendered perspective. It considers acts of gender-based violence that may amount to torture under applicable international law standards, and assesses the challenges for victims of such crimes to access meaningful and appropriate reparations for the harm suffered. Not all acts of gender-based violence will amount to torture, though this does not make those that do not fit within the definition less problematic or important to address. Moreover, fitting within the definition of torture is not the only entry-point for victims of gender-based violence to obtain reparation. The right to reparation is increasingly recognised as applicable to all human rights violations. Nonetheless, torture is one of the lenses through which gender-based violence can be under­ stood. It is an important lens because of the status and weight given to torture under international law. Nevertheless, considering gender-based violence through this torture lens is not a perfect fit. This is because of the way in which torture has been historically understood —as an offence that is carried out by or at the instigation of, or with the consent or acquiescence of, public officials, usu­ ally in the context of detention, to exert force, subvert the will of the victim, or to obtain a confes­ sion. Gender-based violence is broader in scope than this definition. Also, until relatively recently, Carla Ferstman is the Director of REDRESS. Juan Mendez, Report of the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, U.N. Doc. A/HRC/31/57 (Jan. 5, 2016). 2 Id. at ¶ 9. * 1