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women human rights defenders are often the symbolic targets of politically
motivated killings during conflicts and transitions ( A/HRC/20/16, para. 54).
20. Gender-based violence negatively affects the right to be free from slavery and
servitude. 8 The international community has recognized that trafficking serves
forced or bonded labour, including within the sex trade, forced marriage and other
slavery-like practices. 9 The trafficking of women is often accomplished by the
threat or use of violence against women, and the resulting slavery represents a
severe form of physical, sexual, psychological and economic violence perpetrated
against women.
21. Violence against women restricts women’s freedom of movement in a number
of significant ways. 10 The fear of violence occurring in public spaces, including
harassment and sexual assault, intimidates women into avoiding the public arena.
Linked to this avoidance is the fear of violence in private spaces, if freedom of
movement is exercised, without permission. The unequal acce ss to resources
between men and women and laws that restrict the movement of women, further
preclude women’s right to freedom of movement and their ability to exercise that
right.
22. The prohibition of torture is a jus cogens norm, as torture is widely recognized
as a violation of core human rights. 11 The international community has
acknowledged that certain manifestations of violence against women are a form of
torture. In 1986, the first Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment listed rape as a form of torture, as it is often used
as a means of control that meets all of the criteria for torture ( E/CN.4/1986/15,
para. 119). In 2013, the Committee against Torture expressed concern over rape
used as torture in its periodic reports on different countries (see CAT/C/JPN/CO/2,
para. 20, CAT/C/KEN/CO/2, para. 7, CAT/C/MRT/CO/1, para. 23, and CAT/C/EST/
CO/5, para. 12, for Japan, Kenya, Mauritania and Estonia, respectively). In addition,
the Human Rights Committee has recognized other manifestations of violence
against women as constituting torture or cruel, inhuman or degrading treatment,
including forced sterilization, 12 forced abortion 13 and female genital cutting. 14
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Universal Declaration of Human Rights, art. 4; International Covenant on Civil and Political
Rights, art. 8.
See “15 Years of the United Nations Special Rapporteur on violence against women, its causes
and consequences (1994-2009)”.
Universal Declaration of Human Rights, art. 13; Convention on the Elimination of All Forms of
Discrimination against Women, art. 15; International Covenant on Civil and Political Rights, art. 12.
Universal Declaration of Human Rights, art. 5; Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; International Covenant on Civil and Political
Rights, art. 7.
See for instance CCPR/C/SVK/CO/3, para. 13, in which it is recognized that the forced
sterilization of Roma women in Slovakia violates the International Covenant on Civil and
Political Rights, art. 7, on the prohibition of torture and cruel, inhuman and degrading treatment.
See HRI/GEN/1/Rev.9 (Vol. I), sect. II, General comment No. 28: article 3 (The equality of
rights between men and women), para. 11, in which it is explained that the Committee requires
information on measures to prevent forced abortion to ascertain whether States have complied
with the International Covenant on Civil and Political Rights, art. 7.
See CCPR/C/TCD/CO/1, para. 15, in which it is recognized that female genital mutilation of
girls in Chad violates the International Covenant on Civil and Political Rights, art. 7.
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