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