Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 239
to ascertain that the hymen is still present, or the insertion of
two fingers into the vagina (known as the “two finger” test) to
assess whether the vagina has a laxity which proves that the
woman or girl is accustomed to sexual intercourse.
These tests are used in a variety of ways. For example, in India
and Bangladesh, these tests are used to ascertain whether a
woman has been raped. However, they have also been used as
a means of social control and to deter the exercise of other
rights. This allegedly occurred during the popular protests of
the “Arab Spring” in 2011. While the tests were purportedly
administered as a safeguard to “prove” that the women were
not raped in custody, they also served to threaten the women
that they would be prosecuted for prostitution if they “failed”
the test and to stereotype and marginalize women protesters in
an attempt to deter these women, and other Egyptian women,
from participating in public life. 646
These alleged “tests” are unscientific and do not prove anything
about the sexual experiences of the woman. In addition to
being profoundly psychologically humiliating, and physically
very painful, their administration constitutes a form of
discrimination, which is unlawful under the CEDAW Convention
and other standards. Forcing a woman or girl to undergo such a
procedure as a requirement of the criminal justice system is a
form of torture and ill-treatment.
Virginity tests: no scientific value, discriminatory and
violating the rule against torture or cruel, inhuman or
degrading treatment
The Independent Forensic Expert Group (IFEG), consisting of
thirty-five independent forensic experts from eighteen
countries, released a statement on the practice of “virginity
testing” in December 2014.
646
See Amnesty International, “Egypt: A year after ‘virginity tests’,
women victims of army violence still seek justice”, 9 March 2012, URL:
https://www.amnesty.org/en/latest/news/2012/03/egypt-year-aftervirginity-tests-women-victims-army-violence-still-seek-justice/.