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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 15 | Aug 19, 2019 | Paragraph | The Special Rapporteur feels compelled to recall that today, after a century marked by two world wars and some of the most outrageous atrocities in human history, thousands of prisoners, war victims, migrants and other vulnerable men, women and children are still being abused, exploited, murdered or simply left to die every day in a no man's land of indifference; that there are still States openly practising or advocating interrogation methods based on the infliction of excruciating pain and anguish and on the irreparable destruction of human beings; that there are still Governments finding no fault in sacrificing justice for political convenience by choosing not to prosecute officials suspected or known to have resorted to, ordered, justified or enabled the use of torture and other cruel, inhuman or degrading treatment or punishment; and that a growing number of States are refusing to subject their citizens to international criminal jurisdiction even for the most barbarous of international crimes. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2017 | ||
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 13 | Aug 19, 2019 | Paragraph | In the course of the past three decades, the mandate has contributed significantly to the steady development, expansion and consolidation of an impressive institutional and normative anti-torture framework. This includes, most notably, the growth of a tightly knit treaty-based system including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Committee against Torture, the Optional Protocol to the Convention and the Subcommittee, national preventive mechanisms in various countries as well as the United Nations Voluntary Fund for Victims of Torture. It also includes the development of standard-setting instruments such as the revised United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (the Istanbul Protocol), the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the International Code of Conduct for Private Security Service Providers. It further includes the establishment of a plethora of courageous, competent and effective civil society organizations and, not least, an incessant stream of judicial decisions and resolutions adopted by universal and regional bodies unequivocally condemning any form of torture and other cruel, inhuman or degrading treatment or punishment. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2017 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 27 | Aug 19, 2019 | Paragraph | Studies suggest that up to 80 per cent of women in prison are mothers. Many female prisoners are single mothers or primary caregivers, and imprisonment can result in considerable hardship for their children. Contact between detained mothers and their children is often difficult due to the remote location of female prisons. Concern about their children is a primary factor leading to the high incidence of mental health problems and self-harm among female detainees. The Bangkok Rules require that parental and child-caring responsibilities be taken into account in the allocation and sentence-planning processes. The best interests of the child, including the need to maintain direct contact with the mother, must be carefully and independently considered by competent professionals and taken into account in all decisions pertaining to detention, including pretrial detention, sentencing and the placement of the child (CRC/C/THA/CO/2). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 28 | Aug 19, 2019 | Paragraph | The Special Rapporteur on Prisons and Conditions of Detention in Africa of the African Commission on Human and Peoples' Rights noted in a 2001 report on prisons in Malawi that prisons were not safe place for pregnant women, babies and young children and that it was not advisable to separate babies and young children from their mothers. Even very short periods in detention settings can undermine a child's psychological and physical well-being, compromise cognitive development and result in higher rates of suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children living in prison with their mothers may be at heightened risk of suffering violence, abuse and conditions of confinement that amount to torture or ill-treatment. In this context, the imprisonment of pregnant women and women with young children must be reduced to a minimum. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 38 | Aug 19, 2019 | Paragraph | Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 60 | Aug 19, 2019 | Paragraph | Women and girls tend to be at risk of honour violence or killing for engaging in sexual relations outside of marriage, choosing partners without their family's approval or behaving in other ways that are considered immoral; Lesbian, gay, bisexual, transgender and intersex persons are also targeted (A/HRC/29/23). Honour killings have been documented in South-East Asia, Europe, North America and the Middle East and affect 5,000-12,000 women each year. States' failure to prevent honour-based violence contravenes their obligations to combat and prevent torture and ill-treatment. This includes failure to grant asylum to persons facing the risk of honour violence in their countries of origin. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 70f | Aug 19, 2019 | Paragraph | [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Provide for non-custodial means of protection, such as shelters and other community-based alternatives, and guarantee that the placement of women in detention centres for protection - only where necessary and expressly requested by the woman in question - will be temporary, subject to supervision and competent authorities and never continued against their will; | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 13 | Aug 19, 2019 | Paragraph | Women, girls, and lesbian, gay, bisexual and transgender persons are at particular risk of torture and ill-treatment when deprived of liberty, both within criminal justice systems and other, non-penal settings. Structural and systemic shortcomings within criminal justice systems have a particularly negative impact on marginalized groups. Measures to protect and promote the rights and address the specific needs of female and lesbian, gay, bisexual and, transgender prisoners are required and cannot not be regarded as discriminatory. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 70d | Aug 19, 2019 | Paragraph | [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Review laws, criminal procedures and judicial practices to ensure that they take full account of women's backgrounds, including histories of prior abuse, mental health problems and substance abuse, and parental and other caretaker responsibilities in the allocation of sentences and sentence planning; | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 23 | Aug 19, 2019 | Paragraph | Body searches, in particular strip and invasive body searches, are common practices and can constitute ill-treatment when conducted in a disproportionate, humiliating or discriminatory manner. Inappropriate touching and handling amounting to sexual harassment during searches is common, as are routine vaginal examinations of women charged with drug offences. These practices have a disproportionate impact on women, particularly when conducted by male guards. The punishment of women who refuse to undergo strip and invasive searches, for instance by placing them in isolation or revoking visitation privileges, is also common. When conducted for a prohibited purpose or for any reason based on discrimination and leading to severe pain or suffering, strip and invasive body searches amount to torture. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 25 | Aug 19, 2019 | Paragraph | Most prison health policies and services are not designed to respond to women's specific health needs and fail to account for the prevalence of mental health and substance abuse problems among female prisoners, the high incidence of exposure to different forms of violence, and gender-specific sexual and reproductive health concerns. The provision of appropriate health-care services, including comprehensive, interdisciplinary and rehabilitation-oriented mental health-care programmes, as well as the provision of training and capacity-building to prison staff and health-care personnel to identify specific physical and mental-health needs of female detainees, are key to preventing mistreatment. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 26 | Aug 19, 2019 | Paragraph | Of particular concern are a lack of specialist care, including access to gynaecologists and obstetric health-care professionals; discriminatory access to services like harm-reduction programmes; lack of private spaces for medical examinations and confidentiality; poor treatment by prison health staff; failures in diagnosis, medical neglect and denial of medicines, including for chronic and degenerative illnesses; and reportedly higher rates of transmission of diseases such as HIV among female detainees. The absence of gender-specific health care in detention can amount to ill-treatment or, when imposed intentionally and for a prohibited purpose, to torture. States' failure to ensure adequate hygiene and sanitation and to provide appropriate facilities and materials can also amount to ill-treatment or even torture. It is essential to engage in capacity-building and adequate training for detention centre staff and health-care personnel with a view to identifying and addressing women's specific health-care and hygiene needs. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 16 | Aug 19, 2019 | Paragraph | Women comprise between 2 and 9 per cent of the prison population in 80 per cent of the world's prison systems. Although their numbers are increasing, their needs in detention often go unnoticed and unmet, as prisons and prison regimes are typically designed for men. However, women's unique experiences of prison, as well as the motivations for women's criminal behaviour and their pathways into criminal justice systems are often distinct from those of men (A/68/340). Different incarceration and treatment policies, services and even infrastructure are required to address women's distinct needs and ensure their protection. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 22 | Aug 19, 2019 | Paragraph | Solitary confinement can amount to torture or ill-treatment when used as a punishment, during pretrial detention, for prolonged periods or indefinitely and on juveniles. Solitary confinement of any duration must never be imposed on juveniles, or persons with mental or physical disabilities, or on pregnant and breastfeeding women, or mothers with young children. (A/66/268). Its use as a measure of retaliation against women who have complained of sexual abuse or other harmful treatment must also be prohibited. Female prisoners subjected to solitary confinement suffer particularly grave consequences as it tends to retraumatize victims of abuse and women suffering from mental health problems. It places women at greater risk of physical and sexual abuse by prison staff and severely limits family visits. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 67 | Aug 19, 2019 | Paragraph | Adequate redress requires States to investigate, prosecute and punish perpetrators and inform the public of results. States must ensure that judicial procedures and rules of evidence are gender responsive; that equal weight is afforded to the testimony of women, girls, and lesbian, gay, bisexual, transgender and intersex persons; and that the introduction of discriminatory evidence and the harassment of victims and witnesses are strictly prohibited. The standards established by international courts should serve as an example for domestic courts to follow, for instance by implementing institutional gender-balance requirements and prohibiting the admission of evidence regarding the victims' prior sexual conduct in cases of sexual, domestic and other gender-based violence. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 69 | Aug 19, 2019 | Paragraph | States must repeal all laws that support the discriminatory and patriarchal oppression of women, inter alia laws that exclude marital rape from the crime of rape or grant pardon to rapists who marry their victims and laws that criminalize adultery. In addition, States must decriminalize same-sex relationships between consenting adults and repeal all laws that criminalize persons on the basis of their actual or perceived sexual orientation or gender identity or expression. Comprehensive, coordinated policies and programmes to combat gender-based discrimination and violence, inclusive of gender-sensitive trainings of public officials and the implementation of public education and awareness campaigns, must be developed and implemented at all levels. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 32 | Aug 19, 2019 | Paragraph | Upon interception or rescue, migrants and refugees tend to be criminalized and detained in substandard and overcrowded conditions amounting to torture or ill-treatment. Unsanitary conditions and inadequate medical care, including lack of access to reproductive care, affect women in particular. Many facilities fail to separate female and male prisoners, leading to heightened risks of sexual violence from other detainees or guards (A/HRC/20/24). Lesbian, gay, bisexual and transgender migrants are also vulnerable to abuse on the basis of their sexual orientation and gender identity. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 45 | Aug 19, 2019 | Paragraph | Forced sterilization is an act of violence and a form of social control, and violates a person's right to be free from torture and ill-treatment. Full, free and informed consent of the patient herself is critical and can never be excused on the basis of medical necessity or emergency when obtaining consent is still possible (A/HRC/22/53). Gender often intersects with other characteristics such as race, nationality, sexual orientation, socioeconomic status, age and HIV status to render women and girls at risk of torture and other ill-treatment in the context of sterilization (CAT/C/CZE/CO/4-5, A/HRC/29/40/Add.2) The European Court of Human Rights found that the sterilization of a Roma woman who consented to the procedure only during delivery by caesarean section violated the prohibition of torture and ill-treatment. Documented practices that may violate the prohibition of torture and ill-treatment include Government-sponsored family planning initiatives targeting economically disadvantaged and uneducated women that shortcut the process of obtaining consent, sterilization certificates required by employers and coerced sterilization of HIV-positive women in some States. Despite the fundamental rights enshrined in the Convention on the Rights of Persons with Disabilities, women and girls with disabilities are also particularly vulnerable to forced sterilization and other procedures such as imposed forms of contraception and abortion, especially when they are labelled "incompetent" and placed under guardianship (A/67/227). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 7 | Aug 19, 2019 | Paragraph | Gender-based violence, endemic even in peacetime and often amplified during conflict, can be committed against any persons because of their sex and socially constructed gender roles. While women, girls, lesbian, gay, bisexual and transgender persons, sexual minorities and gender-non-conforming individuals are the predominant targets, men and boys can also be victims of gender-based violence, including sexual violence stemming from socially determined roles and expectations. As noted by the Committee against Torture in its general comment No. 2 (2007) on the implementation of article 2 of the Convention, gender-based crimes can take the form of sexual violence, other forms of physical violence or mental torment. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 8 | Aug 19, 2019 | Paragraph | The purpose and intent elements of the definition of torture (A/HRC/13/39/Add.5) are always fulfilled if an act is gender-specific or perpetrated against persons on the basis of their sex, gender identity, real or perceived sexual orientation or non-adherence to social norms around gender and sexuality (A/HRC/7/3). The definitional threshold between ill-treatment and torture is often not clear. A gender-sensitive lens guards against a tendency to regard violations against women, girls, and lesbian, gay, bisexual and transgender persons as ill-treatment even where they would more appropriately be identified as torture. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 9 | Aug 19, 2019 | Paragraph | Gender-based discrimination includes violence directed against or disproportionately affecting women (A/47/38). Prohibited conduct is often accepted by communities due to entrenched discriminatory perceptions while victims' marginalized status tends to render them less able to seek accountability from perpetrators, thereby fostering impunity. Gender stereotypes play a role in downplaying the pain and suffering that certain practices inflict on women, girls, and lesbian, gay, bisexual and transgender persons. Furthermore, gender intersects with other factors and identities, including sexual orientation, disability and age, that may render a person more vulnerable to being subjected to torture and ill-treatment (general comment No. 2). Intersectional identities can result in experiencing torture and ill-treatment in distinct ways. The torture protection framework must be interpreted against the background of the human rights norms that have developed to combat discrimination and violence against women. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 10 | Aug 19, 2019 | Paragraph | States' obligations to prevent torture are indivisible, interrelated, and interdependent with the obligation to prevent other forms of ill-treatment. States have an obligation to prevent torture and ill-treatment whenever they exercise custody or control over individuals and where failure to intervene encourages and enhances the danger of privately inflicted harm (general comment No. 2). States fail in their duty to prevent torture and ill-treatment whenever their laws, policies or practices perpetuate harmful gender stereotypes in a manner that enables or authorizes, explicitly or implicitly, prohibited acts to be performed with impunity. States are complicit in violence against women and lesbian, gay, bisexual and transgender persons whenever they create and implement discriminatory laws that trap them in abusive circumstances (A/HRC/7/3). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 47 | Aug 19, 2019 | Paragraph | In many States women seeking maternal health care face a high risk of ill-treatment, particularly immediately before and after childbirth. Abuses range from extended delays in the provision of medical care, such as stitching after delivery to the absence of anaesthesia. Such mistreatment is often motivated by stereotypes regarding women's childbearing roles and inflicts physical and psychological suffering that can amount to ill-treatment. The detention of post-partum women in health-care facilities for failure to pay medical bills amounts to ill-treatment by separating new mothers from their children and exposing them to significant health risks. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 54 | Aug 19, 2019 | Paragraph | It is estimated that 35 per cent of women worldwide have experienced physical or sexual intimate-partner or non-partner violence, with significantly higher figures reported in some States. Women and girls can be victims of specific forms of violence at the hands of their families, for instance in the form of widowhood rites or dowry-related violence, such as bride burnings or acid attacks (A/HRC/20/16). Victims of domestic violence tend to be intimidated by continual threats of physical, sexual or other violence and verbal abuse and may be "effectively manipulated by intermittent kindness" (see E/CN.4/1996/53, para. 47). Fear of further assaults can be sufficiently severe as to cause suffering and anxiety amounting to inhuman treatment. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 64 | Aug 19, 2019 | Paragraph | Child and other forms of forced marriage increase during conflict and among displaced populations living in refugee or internally displaced persons camps. In 2015 the practice has been documented as being enforced by both State actors and non-State or rebel factions in Iraq, Nigeria, Somalia, the Syrian Arab Republic and elsewhere, with victims being repeatedly raped, compelled to carry multiple pregnancies and subjected to other forms of physical and psychological violence over prolonged periods. While rape commonly occurs in the context of forced marriage, girls and women can also be forced into marriage as a consequence of rape or fear of sexual violence, as a form of "restitution" or "reparation". Like rape, forced marriage is used as a tactic of war and to fulfil strategic objectives such as domination, intimidation and degradation. It has been recognized as a crime against humanity by the Special Court for Sierra Leone. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 70o | Aug 19, 2019 | Paragraph | [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] When the detention of children with their mothers in prison is unavoidable,implement effective safeguards, including regular monitoring and review of every case to ensure that the children are never treated like prisoners; ensure that the full range of the children's needs, whether medical, physical, psychological or educational, including living conditions that are adequate for a child's development, are guaranteed in practice; | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 79 | Aug 19, 2019 | Paragraph | Given that particular groups are more vulnerable during questioning, the protocol should contain specific provisions for, among others, children, women and girls, persons with disabilities, persons belonging to minorities or indigenous groups and non-nationals, including migrants (regardless of migration status), refugees, asylum seekers and stateless persons. The vulnerability of persons should be promptly identified for special consideration of their needs to be reflected in the conduct of interviews and implementation of additional safeguards. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 14 | Aug 19, 2019 | Paragraph | In many jurisdictions, the criminalization of abortion, "moral crimes" like adultery and extramarital relationships, and witchcraft and sorcery, among others - offences that are aimed at or that solely and disproportionately affect women, girls and persons on the basis of their perceived or actual sexual orientation or gender identity - besides constituting violations of international human rights law in and of themselves are also a significant factor in prison overcrowding, which has a negative impact on all aspects of detainees' lives and gives rise to ill-treatment or torture. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 19 | Aug 19, 2019 | Paragraph | Women and girls are at particular risk of sexual assault by male prisoners and prison staff, including rape, insults, humiliation and unnecessary invasive body searches. Added to the trauma of sexual abuse is the particular stigmatization women in these situations face, for instance for having engaged in extramarital sexual relations or due to the risk of pregnancy or of sexual abuse leading to the inability to have children. Sexual humiliation may occur when male guards watch female prisoners in intimate moments such as dressing or showering. The risk of sexual and other forms of violence can arise during transfers to police stations, courts or prisons, and particularly where male and female prisoners are not separated or when male staff transport female prisoners. Separating male and female detainees and ensuring that female detainees are supervised by female guards and prison officials are key safeguards against abuse. Rule 81 of the Nelson Mandela Rules mandates that male staff must not enter a women's institution unless they are accompanied by a female officer. Many States nevertheless fail to adhere to this and other unambiguous requirements. Abuses can occur even when female and male living quarters within an institution are separate, for instance when women's access to such basic necessities as fresh water is circumscribed by their exclusive availability in male quarters (CAT/OP/BEN/1). Furthermore, authorities' failure to prevent inter-prisoner violence amounts to torture or ill-treatment (A/HRC/13/39/Add.3). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 | ||
Gender perspectives on torture and other cruel, inhuman and degrading treatment
or punishment 2016, para. 70t | Aug 19, 2019 | Paragraph | [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that protective measures do not involve the imposition of more restrictive conditions on lesbian, gay, bisexual, transgender and intersex persons than on other detainees; | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2016 |