Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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Implementation of article 14 by States parties 2012, para. 39

Paragraph text
With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, "gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment". States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Girls
  • LGBTQI+
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
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Implementation of article 14 by States parties 2012, para. 46n

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The safeguards available for the special protection of members of marginalized or vulnerable groups, including women and children seeking to exercise their rights guaranteed under article 14 of the Convention.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
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Implementation of article 2 by States parties 2008, para. 24

Paragraph text
Eliminating employment discrimination and conducting ongoing sensitization training in contexts where torture or ill-treatment is likely to be committed is also key to preventing such violations and building a culture of respect for women and minorities. States are encouraged to promote the hiring of persons belonging to minority groups and women, particularly in the medical, educational, prison/detention, law enforcement, judicial and legal fields, within State institutions as well as the private sector. States parties should include in their reports information on their progress in these matters, disaggregated by gender, race, national origin, and other relevant status.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Ethnic minorities
  • Women
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 23

Paragraph text
Continual evaluation is therefore a crucial component of effective measures. The Committee has consistently recommended that States parties provide data disaggregated by age, gender and other key factors in their reports to enable the Committee to adequately evaluate the implementation of the Convention. Disaggregated data permits the States parties and the Committee to identify, compare and take steps to remedy discriminatory treatment that may otherwise go unnoticed and unaddressed. States parties are requested to describe, as far as possible, factors affecting the incidence and prevention of torture or ill-treatment, as well as the difficulties experienced in preventing torture or ill-treatment against specific relevant sectors of the population, such as minorities, victims of torture, children and women, taking into account the general and particular forms that such torture and ill-treatment may take.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Humanitarian
Person(s) affected
  • Children
  • Ethnic minorities
  • Women
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 22

Paragraph text
State reports frequently lack specific and sufficient information on the implementation of the Convention with respect to women. The Committee emphasizes that gender is a key factor. Being female intersects with other identifying characteristics or status of the person such as race, nationality, religion, sexual orientation, age, immigrant status etc. to determine the ways that women and girls are subject to or at risk of torture or ill-treatment and the consequences thereof. The contexts in which females are at risk include deprivation of liberty, medical treatment, particularly involving reproductive decisions, and violence by private actors in communities and homes. Men are also subject to certain gendered violations of the Convention such as rape or sexual violence and abuse. Both men and women and boys and girls may be subject to violations of the Convention on the basis of their actual or perceived non-conformity with socially determined gender roles. States parties are requested to identify these situations and the measures taken to punish and prevent them in their reports.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Boys
  • Girls
  • Men
  • Women
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 35

Paragraph text
The Committee considers the training of relevant police, prison staff, medical personnel, judicial personnel and immigration personnel, including training on the Istanbul Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and personnel involved in efforts to obtain redress should receive methodological training in order to prevent re-traumatization of victims of torture or ill-treatment. This training should include, for health and medical personnel, the need to inform victims of gender-based and sexual violence and all other forms of discrimination of the availability of emergency medical procedures, both physical and psychological. The Committee also urges States parties to establish human rights offices within police forces, and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Violence
Person(s) affected
  • Boys
  • Children
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 33

Paragraph text
Judicial and non-judicial proceedings shall apply gender-sensitive procedures which avoid re-victimization and stigmatization 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 should be the case 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.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Violence
Person(s) affected
  • Girls
  • Women
Year
2012
Date added
Aug 19, 2019
Paragraph
View

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