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

38 PRACTITIONERS GUIDE No. 12
Forced sterilization. 77
Forced abortion. 78
Coercive/forced use of contraceptives, female infanticide
and prenatal sex selection. 79
Rape by State officials (including as a form of torture). 80
committed in the name of so-called “honour”), which provides as
follows:
“(1) Parties shall take the necessary legislative or other measures to
ensure that, in criminal proceedings initiated following the commission
of any of the acts of violence covered by the scope of this Convention,
culture, custom, religion, tradition or so-called “honour” shall not be
regarded as justification for such acts. This covers, in particular,
claims that the victim has transgressed cultural, religious, social or
traditional norms or customs of appropriate behaviour.
“(2) Parties shall take the necessary legislative or other measures to
ensure that incitement by any person of a child to commit any of the
acts referred to in paragraph 1 shall not diminish the criminal liability
of that person for the acts committed.”
77
CEDAW General Recommendation No 19, ibid, paragraph 22; Beijing
Declaration and Platform for Action, Report of the Fourth World
Conference on Women, UN Doc A/CONF.177/20 Rev.1 (1995),
paragraph 115; Rome Statute of the International Criminal Court,
Articles 7(1)(g) (crimes against humanity) and Article 8(2)(b)(xxii)
and Article 8(2)(c)(vi) (war crimes); María Mamérita Mestanza Chávez
v Peru, Inter-American Commission on Human Rights Case No 12.191,
Report No 71/03 (22 October 2003); and Istanbul Convention, above
note 76, Article 39.
78
CEDAW General Recommendation No 19, above note 76, paragraph
22; Beijing Declaration and Platform for Action, above note 77,
paragraph 115; and Istanbul Convention, above note 76, Article 39.
79
Beijing Declaration and Platform for Action, above note 77,
paragraph 115.
80
Raquel Martí de Mejía v Peru, Inter-American Commission on
Human Rights Case 10.970, Report No 5/96 (1 March 1996); Aydin v
Turkey, (1997) ECHR 75, paragraphs 80-88; Rosendo Cantu v Mexico,
Inter-American Court of Human Rights, 31 August 2010. For an
analysis of the crime of rape under international criminal law, including
international humanitarian law and international law relating to
torture, see Amnesty International, “Rape and sexual violence: Human
rights law and standards in the International Criminal Court”, IOR
53/001/2011, March 2011.