CAT/OP/27/1 contexts of deprivation or restriction of liberty, including, for example, in prisons, hospitals, schools, institutions that engage in the care of children, older persons, persons with mental illness or persons with disabilities, in military service and in other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm. 6 14. The Subcommittee is of the view that the obligation to prevent torture and ill treatment should embrace “as many as possible of those things which in a given situation can contribute towards the lessening of the likelihood or risk of torture or illtreatment occurring. Such an approach requires not only that there be compliance with relevant international obligations and standards in both form and substance but that attention also be paid to the whole range of other factors relevant to the experience and treatment of persons deprived of their liberty and which by their very nature will be context specific.” 7 15. The Committee recognizes that certain minorities or marginalized individuals or populations are especially at risk of torture and that their protection is therefore a part of the obligation to prevent torture or ill-treatment. 8 In addition, the Subcommittee recognizes that, although all people in detention are vulnerable, some persons are particularly so, such as women, young people, members of minorities, foreign nationals, persons with disabilities and persons with acute medical or psychological dependencies or conditions. 9 16. The Committee has noted that State party reports frequently lack sufficient specific information on the implementation of the Convention with respect to women. It has emphasized that gender is a key factor which intersects with other factors such as race, nationality, religion, sexual orientation, age and immigrant status to determine the ways in which women and girls may be subject to or at risk of torture or ill treatment. Such factors include deprivation of liberty. 10 The Subcommittee considers that other factors, such as gender identity, also need to be taken into account. III. The relationship between torture and discrimination against women 17. The Committee affirms that the principle of non-discrimination is a basic and general principle in the protection of human rights and that it is fundamental to the interpretation and application of the Convention. The Convention prohibits specified acts when carried out for “any reason based on discrimination of any kind”. The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture. 11 18. Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women provides that the term “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human 6 7 8 9 10 11 GE.16-00603 CAT/C/GC/2, para. 15. See Subcommittee paper on the approach of the Subcommittee on Prevention of Torture to the concept of prevention of torture and other cruel, inhuman or degrading treatment or punishment under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/6), para. 3. CAT/C/GC/2, para. 21. CAT/OP/12/6, para. 5 (j). CAT/C/GC/2, para. 22. Ibid., para. 20. 3/9

Select target paragraph3