Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 53
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States' due diligence obligations to ensure redress remain intact when non-State actors perpetrate conflict-related sexual violence. Gender-sensitive practices must be employed when investigating violations during and after the armed conflict. Silence or lack of resistance cannot be used to imply consent, which furthermore cannot be inferred from the words or conduct of a victim who was subjected to force, threats, or a coercive environment (A/HRC/7/3). Comprehensive assistance and reparations programmes in these contexts often require years to be fully implemented.
Legal status
Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment