CEDAW/C/49/D/23/2009 between men and women and the report of the Special Rapporteur on violence against women, its causes and consequences (see E/CN.4/2000/68/Add.3, para. 44). 7.7 The Committee notes that, upon admission to the detention facility, the author was inappropriately touched by one of the guards and was threatened with being stripped naked. Furthermore, the guards were in a position to watch her through the door peephole in the course of private activities, 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. She also felt humiliated by the offensive statements of the guards and by the degrading name, “the fourth”, used by guards. 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 disrespectful treatment of the author by State 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 and its general recommendation No. 19 (1992). In that general recommendation, the Committee observed that sexual harassment is a form of gender-based violence, which can be humiliating and may further constitute a health and safety problem. Therefore, the Committee concludes that the State party failed to meet its obligations under articles 2 and 5 (a) of the Convention. 7.8 The Committee recognizes that the author of the communication suffered moral damages and prejudice due to the humiliating and degrading treatment, the sexual harassment and the negative health consequences suffered during detention. Recommendations 7.9 Acting under article 7, paragraph 1, 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), read in conjunction with article 1 of the Convention, and with general recommendation No. 19 (1992) of the Committee, and makes the following recommendations to the State party: 1. Concerning the author of the communication: Provide appropriate reparation, including adequate compensation, to the author, commensurate with the gravity of the violations of her rights; 2. General: (a) 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; (b) Ensure access to gender-specific health care for women detainees; (c) Ensure that allegations by women detainees about discriminatory, cruel, inhuman or degrading treatment are effectively investigated and perpetrators prosecuted and adequately punished; 12 11-51730

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