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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 39
Rape and sexual violence by non-State actors. 81
Intrusive physical examinations by prison staff, which
may constitute a form of rape and torture. 82
Use of restraints during pregnancy, labour and the postnatal
period. 83
Domestic violence 84 (also known as violence in the
family or ‘intimate partner violence’), whether physical,
sexual, or psychological. 85
81
Human Rights Committee, General Comment No 28, above note 71,
paragraphs 8, 11 and 24. Paragraph 24 provides: “A different factor
that may affect women's right to marry only when they have given
free and full consent is the existence of social attitudes which tend to
marginalize women victims of rape and put pressure on them to agree
to marriage. A woman's free and full consent to marriage may also be
undermined by laws which allow the rapist to have his criminal
responsibility extinguished or mitigated if he marries the victim. States
parties should indicate whether marrying the victim extinguishes or
mitigates criminal responsibility and in the case in which the victim is
a minor whether the rape reduces the marriageable age of the victim,
particularly in societies where rape victims have to endure
marginalization from society.” See also Committee against Torture,
General Comment No 2, “Implementation of article 2 by States
parties”, UN Doc CAT/C/GC/2 (2008), paragraph 18.
82
Miguel Castro-Castro Prison v Peru, Inter-American Court of Human
Rights, 25 November 2006.
83
Human Rights Committee, Concluding Observations: Third Periodic
Report of the United States of America, UN Doc
CCPR/C/USA/CO/3/Rev.1 (2006), paragraph 33, which refers to
concern at the shackling of detained women during childbirth, citing
Articles 7 and 10 of the ICCPR. See also the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules), adopted by the General
Assembly under resolution 65/229 (2010), Rule 24 of which provides:
“Instruments of restraint shall never be used on women during labour,
during birth and immediately after birth”.
84
Human Right Committee, General Comment No 28, above note 71,
paragraph 11; and Committee against Torture, General Comment No
2, above note 81, paragraph 18. The Committee has made clear that
where State authorities or others acting in official capacity or under
colour of law, know or have reasonable grounds to believe that acts of
torture or ill-treatment are being committed by non-State officials or