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;
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