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Direct Link to the 71-Page Special Rapporteur on Torture Report to the UN 2010:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add.5_en.pdf

 

Gender Excerpts:

 

III. Cruel, Inhuman and Degrading Treatment and Punishment

 

    C. Domestic Violence

 

         1. The Protection of Women and Children from Torture and Ill-Treatment

             by Private Individuals

            

             195. Women and children who are victims of domestic violence, trafficking

                     or female genital mutilation (FGM) have to deal with the same or similar

                     grave effects to their physical and mental health as victims of torture

                     and ill-treatment in detention. I therefore decided to raise this topic in

                     one of my general reports to the Human Rights Council.

 

          2. The Protection of Women from Trafficking

 

              197. In recognition of the fact that victims of human trafficking are often

                     subjected to severe forms of physical and mental violence, including

                     being beaten, raped, and sometimes killed, and since the Republic of

                     Moldova is widely cosidered to be a major country of origin for trafficking,

                     I undertook my fact-finding mission to the country together with the UN

                     Special Rapporteur on Violence Against Women, Yakin Erturk. We

                     visited shelters and other facilities for victims of trafficking and domestic

                     violence in Chisinau, where we spoke to a number of women. Women

                     constitute the majority of trafficked persons in Moldova, and more than

                     half of them are between the ages of 19 and 24.

 

              200. In line with the Committee Against Torture, which has recognized that

                     human trafficking and torture are closely intertwined and has repeatedly

                     commented on the need for legislation and other measures, I wish to

                     reiterate that in certain cases trafficking can amount to torture and/or

                     ill-treatment, if the State fails to fulfil its due diligence and rehabilitation

                     obligations in terms of the prevention of trafficking and the protection of

                     individual victims. The social exclusion resulting in some cases from past

                     trafficking can also lead to a re-victimization of the victims and may

                     amount to inhuman and degrading treatment.

 

          3. The Protection of Women and Girls from Female Genital Mutilation (FGM)

 

              201. Shock induced by the extreme pain, psychological trauma, exhaustion

                      from screaming, and all too often death through severe bleeding, are only

                      a few of the horrible consequences young girls and women who have to

                      undergo FGM are faced with. The Human Rights Committee has stated

                      that FGM constitutes a breach of Article 7 ICCPR, an opinion I fully share.

 

              203. Frequently, I have also sent specific communications to Governments who

                     reportedly did not take the risk of FGM upon return into consideration

                     when deciding on claims for asylum......

 

         4. The Most Current Form of Violence Against Women, However, Is Perpetrted

             by Husbands and Other Intimate Partners

 

             204. While in some countries the use of violence against women is still legal

                     and husbands who "discipline" their wives are exempt from criminal

                     liability, the legal systems of many countries I have visited,.....provided

                     for some form of prohibition of domestic violence and other safeguards,

                     like the possibility of granting protective orders obliging the perpetrator

                     to stay away from the victim..........

 

             205. A recurring theme in most countries, however, was the lack of awareness

                    among public officials of the need to address domestic violence............

 

             206. Another observation I made in many countries was that the infrastructure

                    to support survivors of domestic violence was often lacking........I call on

                    all Governments to engage in awareness-raising and capacity building

                    activities for the judiciary and law enforcement officials and to establish

                    shelters for victims of domestic violence.       

 





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