Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
In addition, NHRIs should take full consideration of the intersectionality of identities and the different
levels and areas of disadvantage that women, girls and lesbian, gay, bisexual, transgender and
intersex (LGBTI) persons can face due to their characteristics of race, ethnicity, disability, age, class,
caste, sexual orientation, gender identity or sex characteristics, or as a result of being an indigenous
person, a refugee or migrant or other status.
It is important that NHRI teams working to prevent torture have the knowledge and skills to address
gender issues in the different dimensions of their work.
By integrating gender in their torture prevention work, NHRIs can strengthen this work while better
contributing to gender equality in a number of ways:
• making visible forms of gender-based torture and other ill-treatment which may otherwise
be overlooked or go unrecognised, for example domestic violence, the denial of abortion or
forced gender identity and sexual orientation “conversion therapies” which amount to torture
or other ill-treatment
• understanding and responding to the different impact of human rights situations on different
people, for example, the different pathways into, experiences and impact of detention on
women, men and gender diverse people
• analysing and addressing the specific risks of torture and ill-treatment and the particular
protection needs of women, girls and LGBTI persons
• revealing and addressing the entrenched discrimination and harmful gender stereotypes
contributing to torture and other ill-treatment
• making the experiences of women, girls and LGBTI persons more visible, not just as victims
but as unique individuals with agency
• ensuring operationally that torture prevention activities avoid perpetuating harmful stereotypes
and discrimination and promote gender equality in their methodologies.
KEY POINTS: INTRODUCTION
• States have an obligation to prevent torture.
• There is an important distinction between direct prevention
(measures taken before torture occurs to stop it from happening)
and indirect prevention (measures taken after torture has
occurred to avoid its repetition).
• Preventing torture begins with an analysis of risks factors. It also
requires a holistic approach involving interventions at three levels:
a strong legal framework, effective implementation of the legal
framework and oversight mechanisms to monitor and support
the legal framework and its implementation.
• NHRIs should integrate gender in their torture prevention work
through gender mainstreaming and specialised action.
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