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