WUNRN
UN COMMITTEE ON TORTURE - GENERAL
COMMENT NO.3 - STATE OBLIGATIONS - GENDER RIGHTS & REDRESS
UN
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
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The
Committee Against Torture (CAT) is the body of 10 independent experts
that monitors implementation of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment by its State
parties. All States parties are obliged to submit regular reports to the
Committee on how the rights are being implemented. The Committee examines each
report and addresses its concerns and recommendations to the State party in the
form of "concluding observations".
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Direct Link to Full 11-Page
Committee on Torture General Comment No. 3 - 2012:
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33. "Judicial and non-judicial
proceedings shall apply gender sensitive procedures which avoid
re-victimisation and stigmatisation of victims of torture or ill-treatment.
With respect to sexual or gender-based violence and access to due process and
an impartial judiciary, the Committee emphasizes that in any proceedings, civil
or criminal, to determine the victim's right to redress, including
compensation, rules of evidence and procedure in relation to gender-based
violence must afford equal weight to the testimony of women and girls, as it
should be for all other victims, and prevent the introduction of discriminatory
evidence and harassment of victims and witnesses. The Committee considers that
complaints mechanisms and investigations require specific positive measures
which take into account gender aspects in order to ensure that victims of
abuses such as sexual violence and abuse, rape, marital rape, domestic
violence, female genital mutilation, and trafficking, are able to come forward
and seek and obtain redress."
