Part I: Prohibition of torture: The legal background right of women to be free from torture and ill-treatment. Authoritative guidance from the Committee on the Elimination of Discrimination against Women provides that gender-based violence which impairs the enjoyment of this right constitutes discrimination under the Convention.48 The Committee has also made it clear that “States parties have a due diligence obligation to prevent, investigate, prosecute and punish such acts of gender-based violence.”49 International refugee law also provides an important source of international human rights law that is highly relevant to the issue of torture. The right to seek asylum in another country is one of the fundamental protections for anyone who faces the danger of persecution. There is a total prohibition on any Government returning a person to a country where they would be in danger of serious human rights violations, and torture in particular. This is the principle of non-refoulement, which is specifically mentioned in the Convention against Torture. Although they are not strictly human rights treaties, the Geneva Conventions, which apply in times of armed conflict, also contain a clear and unambiguous prohibition of torture in their common article 3. The Rome Statute of the International Criminal Court also explicitly provides that torture can constitute a crime against humanity and a war crime, which fall under the jurisdiction of the Court (articles 7 and 8). Article 7(2)(e) defines torture as “the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.” This definition is broader than that in the Convention against Torture, as it includes acts committed by both State and non-State actors and does not require “purpose” as an objective of the torture. 2. Prohibition of torture and other ill-treatment in regional instruments There are six general regional human rights instruments - in Europe, Africa, Arab countries, the Americas and Southeast Asia - which each contain a clear and unequivocal prohibition of torture. There are also two regional treaties – in Europe and the Americas – and thematic treaties in some regions, that deal specifically with torture. 2.1. European Treaties The European Convention on Human Rights, adopted in 1950, is a regional treaty under the auspices of the Council of Europe. Article 3 states: No one shall be subjected to torture or to inhuman or degrading treatment or punishment. The Council of Europe has also adopted a treaty dealing specifically with torture: the European Convention for the Prevention of Torture (1987). This treaty does not create any new norms but does establish a visiting Committee (see chapter 7 for more information). In 2011, the Council of Europe adopted the Istanbul Convention, the first binding international treaty on preventing and combating violence against women and domestic violence. In the European Union, the Charter of Fundamental Rights of the European Union came into effect in 2009. Article 4 provides: No one shall be subjected to torture or to inhuman or degrading treatment or punishment. 48 Committee on the Elimination of Discrimination against Women (CEDAW Committee), general recommendation 19 on violence against women, updated by general recommendation 35; Ingrid Abramova vs. Belarus, CEDAW Committee, Communication No. 23/2009, views adopted on 25 July 2011. 49 CEDAW Committee, general recommendation No. 28, para 19.; CEDAW Committee’s general recommendation 33 on women’s access to justice, paras. 48 and 51. 33