CAT/OP/27/1
rights and fundamental freedoms in the political, economic, social, cultural, civil or
any other field.
19. The Committee on the Elimination of Discrimination against Women maintains
that, although the Convention refers only to sex -based discrimination against women,
a comprehensive interpretation of the Convention indicates that it also covers genderbased discrimination against women. Whereas the term “sex” refers to biological
differences between men and women, the term “gender” refers to socially constructed
identities, attributes and roles of women and men and the social and cultural meaning
that society attaches to these biological differences, which result in hierarchical
relationships between women and men and in the distribution of power and rights
favouring men and disadvantaging women. This social positioning of women and men
is affected by political, economic, cultural, social, religious, ideological and
environmental factors and can be changed by culture, society and community. 12
20. The Committee on the Elimination of Discrimination against Women has
emphasized that gender-based violence, which impairs or nullifies the enjoyment by
women of human rights and fundamental freedoms, is discrimination within the
meaning of the Convention. These rights and freedoms include the right not to be
subject to torture or to cruel, inhuman or degrading treatment or punishment. Gender based violence — that is, violence that is directed against a woman because she is a
woman or that affects women disproportionately — includes acts that inflict physical,
mental or sexual harm or suffering, threats of such acts, coercion and other forms of
deprivation of liberty. 13
21. In this context, the Subcommittee on Prevention of Torture considers that the
principle of equality and non-discrimination encompasses both the prohibition of
differential treatment when the latter is arbitrary and imposes a disadvantage on a
woman or group of women that limits or nullifies the exercise of human rights and the
recognition of differences when such recognition is a reasonable, necessary and
proportionate means of achieving the effective enjoyment of human rights.
IV. The situation of women deprived of their liberty
22. The Subcommittee has conducted over 20 regular visits to States parties during
which it has gone to various places of deprivation of liberty, including prisons, police
stations, centres for juvenile offenders, shelters and psychiatric hospitals.
23. It has on several occasions observed situations in which women deprived of their
liberty have been subject to ill-treatment or even torture.
A.
Violence
24. In many of the countries that it has visited, the Subcommittee has been apprised
of reports from women deprived of their liberty, including pregnant women, that they
have been subject to ill-treatment and physical torture, particularly at the time of arrest
and during investigations.
25. More frequently, such claims concern various forms of sexual violence,
including sexual extortion, sexual abuse and even rape committed by police officers
12
13
4/9
General recommendation No. 28 of the Committee on the Elimination of Discrimination against
Women on the core obligations of States parties under article 2 of the Convention
(CEDAW/C/GC/28 and Corr.1), para. 5.
General recommendation No. 19 of the Committee on the Elimination of Discrimination against
Women on violence against women (A/48/37, chap. I), paras. 6 and 7.
GE.16-00603