NGO side event: Strengthening the protection of women from torture

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[12 March 2008] - Three Special Procedures gathered to discuss protecting women from torture.

Prof. Manfred Nowak, Special Rapporteur (what is this?) on torture and other cruel, inhuman or degrading treatment or punishment, Ms. Yakin Ertßrk, Special Rapporteur on Violence against Women and Ms. Hina Jilani, Special Representative of the Secretary-General on the situation of Human Rights Defenders spoke about female genital mutilation and trafficking, among other issues.

Prof. Nowak noted that the Convention Against Torture (CAT) defines torture under article 1 as (1) an infliction of severe physical or mental pain or suffering; (2) an infliction which is deliberate (with an intention to discriminate, intimidate etc.); (3) An act related to the government.

He suggests introducing “powerlessness” as an added element to this definition. He explained that torture is the most serious form of ill treatment; not because of its intensity, but because of its purpose, with one person exercising full and effective control over another.

With the addition of 'powerlessness', the scope of torture extends beyond detention and into the private sphere. “Domestic violence for example is such a situation of powerlessness because one person exercises total control over another”, he said.

FGM link

In Prof. Nowak's report, he notes that powerlessness in respect of FGM is pertinent since “the cutting is usually carried out before a girl’s tenth birthday”.

In such circumstances, girls are clearly under the complete control of their parents and communities and do not have the possibility of resisting. On the other hand, adolescent girls and women very often agree to undergo FGM because they fear the non-acceptance of their communities, families and peers.”

Prof. Nowak also pointed out that rape is always torture, and spoke of the nature of “due diligence” which means a state may be liable for the actions of, for example, a private individual.

With FGM, he said, due diligence obliges the State to take all necessary legislative action to prevent torture. However, he said, “this is not enough.” He said that in Togo, for example, there are very good laws prohibiting FGM but in practice no one is incriminated; only one case reached the courts during the first year following the adoption of the law. Failure to implement laws is also considered a State responsibility concluded Prof. Nowak.

One way to strengthen implementation, Prof. Nowak said, would be “naming particular forms of violence as torture is a first step”. He added that: “the creation and support to rehabilitation centres for girls is another way.”

Ms. Yakin Ertürk noted the great developments since the Vienna Conference in the area of women’s rights.

Ertuk: Disempowerment, not powerlessness

She disagreed to some extent with the term “powerlessness” that Prof. Nowak wants to add to the torture definition, as for her, when it comes to women, it stresses the disability and victimisation of women. She would suggest the use of the word “disempowerment”, because it goes beyond the victim and relates also to the question of who is causing the suffering.

The Special Rapporteur has used her report to make proposals, guided by human rights standards, for indicators to measure violence against women and girls.

Ms ErtĂźrk proposed a new sub-category of grave violence against women, which would include any incident of rape/serious sexual assault/sexual coercion in childhood or adulthood, female genital mutilation, child/forced marriage, trafficking and sexual exploitation.

Ms. Hina Jilani, spoke of rape case against married girls, and said that it was not considered a crime by the court, but was classified as a “misuse of wife”. This illustrates how women and child’s rights are subordinate to the actual status of marriage, she said. She said that in her country, married children are considered adults. “This is totally unacceptable,” she said.

Ms. Franziska Greber, Co-Director, Intervention Unit against Domestic Violence, Canton of Zurich (Switzerland) and Ms. Leanne MacMillan, Director of the Medical Foundation for Torture (UK) also spoke at the event.

Further information

 

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