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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 53
The following is a list of the forms of conduct that have been
recognized as amounting to torture or ill-treatment, and in
respect of which women prisoners may be especially vulnerable
to, and corresponding standards to prohibit and prevent such
violations. This is not an exhaustive list, and there may be
some overlap between the forms of torture and ill-treatment
set out immediately below and breaches of the standards for
detention concerning discrimination against women in the penal
system under Article 2(g) of the CEDAW Convention (see
below, Chapter V).
Rape and sexual violence in detention
‣ Women are often subjected to violence and abuse of
all kinds in detention, frequently rape and sexual
abuse. These forms of violence and abuse constitute
torture or ill-treatment. Interference with privacy
and inappropriate touching by male prison guards
have been identified as sexual harassment and
discrimination within the meaning of Articles 1 and
5(a) of the CEDAW Convention and General
Recommendation 19 of the CEDAW Committee. 127
‣ According to the Bangkok Rules, women reporting
violence and abuse must be provided with
immediate protection, support and counselling.
Their allegations must be “investigated by
competent and independent authorities, with full
respect for the principle of confidentiality. Protection
measures shall take into account specifically risks of
retaliation.” 128
‣ The Bangkok Rules further specify that “women
prisoners who have been subjected to sexual abuse,
127
See also Inga Abramova v Belarus, CEDAW Communication
23/2009, UN Doc CEDAW/C/49/D/23/2009 (2011).
128
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 its resolution 65/229 (2011),
Rule 25(1).