Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition or diminish his physical or mental capacities”, irrespective of whether such methods cause pain or suffering. A gender-sensitive approach to torture It is important to note that many international torture prevention mechanisms stress the importance of using a gender-sensitive and intersectional lens in any examination of torture and ill-treatment. This means considering the unique experiences of women, girls, lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, their intersecting identities and the impact of entrenched societal discrimination and gender stereotypes when addressing torture. Patriarchal norms, discriminatory laws and systematic impunity are some of the deep-rooted factors contributing to women and LGBTI persons being at risk of torture. 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 identity18 perpetuate prejudice and risks of harm. Patterns of violence are often accepted by communities and marginalisation prevents women and other groups from accessing justice. As well as in detention contexts, women and girls can be at particular risk of torture and ill-treatment in healthcare settings - especially involving reproductive rights - and in the private sphere in communities and homes. Particular attention should be paid to forms of gender-based violence19 and abuse, including rape and sexual violence, violence against pregnant women, human trafficking, domestic violence, forced/denial of abortion, forced sterilisation and harmful practices such as female genital mutilation and honour-based violence, which can amount to torture under the Convention.20 It is also worth noting that “with the consent or acquiescence of a public official or other person acting in an official capacity” has been interpreted21 to mean that privately inflicted harm against women, children or groups may be covered under the definition if severe pain or suffering is caused and if the State fails to act with due diligence to prevent or protect individuals, since it would be committed for a discriminatory purpose. Furthermore, UN mechanisms have emphasised that “the purpose and intent elements of the definition of torture 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”.22 The Convention’s definition of torture specifically includes the principle of non-discrimination and prohibits acts carried out for “any reason based on discrimination of any kind”. The discriminatory use of mental or physical violence or abuse is thus “an important factor in determining whether an act constitutes torture”.23 22 18 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to the Human Rights Council (5 January 2016) (A/HRC/31/57), para. 14. 19 “Gender-based violence” refers to harmful acts directed at an individual based on their sex or socially constructed gender roles. It includes violence that results in physical, sexual or psychological harm. See the Committee’s general comment No. 2, para. 22. 20 Idem.; see also the Committee against Torture’s general comment No. 4, which refers to “gender-based or sexual violence, in public or in private, gender-based persecution or genital mutilation amounting to torture” in para. 29(c); the Committee’s concluding observations on Belarus (2011) in which if reaffirmed the absolute prohibition of sexual violence as a form of torture (CAT/C/BLR/CO/4); Committee’s decision in Mrs. A v. Bosnia and Herzegovina, Communication No. 854/2017, views of 22 August 2019 (CAT/C/67/D/854/2017) general recommendation 35, para. 16. 21 See Committee against Torture’s general comment No. 2 (para.18). 22 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to the Human Rights Council (5 January 2016) (A/HRC/31/57), para. 8; see also CEDAW Committee, general recommendation 35, para. 16. 23 See Committee against Torture, general comment No. 2 on the Implementation of article 2 by States parties (2008), para. 20.