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.
A Platform for Action arose from the deliberations of delegates to the Fourth World
Conference on Women, which included a comprehensive section on ‘Violence against
Women’.
This Platform stated that such violence may include physical, sexual and
psychological violence occurring in the family, within the general community, or violence
perpetrated or condoned by the State.132 Although the Platform does not specifically refer to
torture or other ill-treatment, these practices are clearly capable of falling within the scope of
the prohibition on torture and other cruel, inhuman or degrading treatment or punishment.
The Special Rapporteur on violence against women, its causes and consequences, has
identified acts of violence against women which are referred to as ‘cultural practices in the
family’. Such acts of violence include honour killings, witch hunting, acts associated with the
caste system or preferences for boy children, restrictive practices such as foot binding,
practices that violate women’s reproductive rights and incest. The Special Rapporteur stated
that many of these practices “involve ‘severe pain and suffering’ and may be considered
‘torture like’ in their manifestation”.133
Custodial violence against women often involves forms of violence that appear gender-neutral
but are in fact carried out with gender in mind. For example, rape is often referred to as a
gender-specific form of violence, because the vast majority of allegations of rape in custody
involve female victims. Human rights bodies have shown little reluctance in labelling such
practices as custodial rape as torture or, at minimum, ill-treatment. Other forms of custodial
sexual violence against women, include sexual harassment, forced impregnation, virginity
testing, forced abortion, forced prostitution and forced miscarriage.134
132
Platform for Action, Fourth World Conference for Women, Beijing China, September 1995, Section D at
[114].
133
Report of the Special Rapporteur on violence against women, its causes and consequences, Commission on
Human Rights, Fifty-eighth session, E/CN.4/2002/83, 31 January 2002 at [6].
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