•
The ACJ has developed minimum standards of interrogation designed to ensure that the
prohibition on torture and cruel, inhuman or degrading treatment or punishment is
adhered to.
Gender-based violence
•
There is an overlap between gender-based violence and gender-specific forms of torture
and cruel, inhuman or degrading treatment or punishment.
•
Gender-based violence (including family violence and sexual abuse and exploitation) may
constitute torture or cruel, inhuman or degrading treatment or punishment. Similarly,
honour killings and female genital mutilation will usually constitute torture.
•
Article 2 of CEDAW condemns discrimination against women. CEDAW Committee
General Recommendation No. 19 states that gender-based violence which impairs or
nullifies the enjoyment by women of human rights and fundamental freedoms (including
the right to freedom from torture and cruel, inhuman or degrading treatment or
punishment) is discrimination under the definition of discrimination set out in Article 1 of
CEDAW.
•
The General Assembly in its Declaration on the Elimination of Violence Against Women
condemns any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private
life.
•
Violence directed against other groups on the basis, for example, of race, age, disability,
sexual orientation, indigeneity, ethnicity or religion, would be subject to similar
principles.
Corporal punishment
•
It is generally accepted that article 19 of the CRC gives rise to a general prohibition on
corporal punishment against children.
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