72 GENDER PERSPECTIVES ON TORTURE: Law and Practice who do not fulfill socially acceptable gender roles.89 So, when we refer to gender violence, we mean not only violence committed against women and girls, but violence directed against any person when it is used on the basis of gender roles assigned to that person within a given society and his­ torical period. This kind of violence constitutes a form of discrimination.90 Applying a gender perspective includes considering the relevance of the victim’s sex or gender identity in a particular case. We must consider its relevance within the socio-legal context in which a violation of rights occurs, meaning the legal framework of equality between men and women in different spheres of society, as well as its relevance to the specific form the violation of rights takes in light of applicable laws for prevention of all forms of violence committed against women because they are women. A gender perspective allows for analysis and understanding of the specific defining charac­ teristics of men and women, as well as their similarities and differences.91 By applying a gender perspective to contexts of violations of rights, it becomes clear that both men and women may be targeted for acts of sexual violence, but there are important differences in their meaning and impact that may only be understood by taking into account gender differences and the meanings of femininity and masculinity within the specific context in which violations occur. In addition, this approach underscores the fact that certain crimes, such as rape, affect women disproportion­ ately, while others, such as forced pregnancy or abortion, affect them exclusively because they are women. Similarly, certain crimes exclusively affect men, such as castration, and others dispropor­ tionately affect men, such as blows to the genital area. What, then, does this obligation to investigate cases of rape and sexual violence as torture with a gender perspective mean? It requires taking into account the specific forms of harm inflicted on women and the gravity and seriousness of this harm in order to consider the acts torture. It further means that States should ensure that all complaints of torture presented by women are immediately investigated, complainants are granted effective protection, investigation and evi­ dentiary processes are sensitive to the sex of the victim, and women’s specific needs are addressed. In addition, it must be recognized that rape and sexual violence are forms of discrimination, and legal frameworks of protection against torture must be interpreted in light of the extensive body of human rights law, particularly the set of laws against violence against women. B. International Standards for Investigating Gender-Based Torture Advances that have been made in women’s rights in the different systems of international law (IHRL, ICL, and IHL) have created a positive obligation for States to investigate cases of sexual violence and other forms of gender-based violence as torture, both committed by public or private actors. This obligation is derived from States’ duty to guarantee the human rights of all persons within their jurisdictions without discrimination. 89 Poder Judicial de la Federación de México and Women’s Link Worldwide. El Principio de Igualdad de Género en la jurisprudencia comparada. Muestra analística de criterios nacionales e internacionales. July 2014. 90 Vid. UN. Declaration on the Elimination of Violence against Women, op. cit. The Declaration establishes that although the CEDAW does not specifically mention gender violence, it should be considered to be included as a form of discrimination. Cf. http://www.cidh.org/women/Colombi06sp/parte2.htm, https:// doc.es.amnesty.org/cgi-bin/ai/BRSCGI/Hacer%20los%20derechos%20realidad:%20La%20violencia%20 contra%20las%20mujeres%20en%20los%20conflictos%20armados?CMD=VEROBJ&MLKOB=26208835050. 91 Lagarde, Marcela. Género y feminismo: Desarrollo humano y democracia. Madrid: Horas y horas (2nd edition), 1997. P. 15.