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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 61
present during the consultation. 159 Medical
examinations should only take place with medical
professionals present unless, exceptionally, there is
a security reason to do otherwise. 160 In such cases,
consultations should be carried out in a manner that
safeguards privacy, dignity and confidentiality. 161
‣ The Mandela Rules further clarify that: “Clinical
decisions may only be taken by the responsible
health-care professionals and may not be overruled
or ignored by non-medical prison staff”. 162
Torture and ill-treatment in the context of medical
treatment, whether forced, coerced or denied
Reproductive health treatment denied
The use of some medical procedures have already been
recognized as crimes, especially war crimes, crimes against
humanity and genocide, but also in general human rights
treaties such as the Istanbul Convention (see Chapter VIII on
‘forced abortion and forced sterilization’).
Denial of access to abortion has been recognized as a violation
of the right not to be subjected to torture and ill-treatment in a
case where a 16-year-old was forced to continue an ancephalic
pregnancy, where the foetus would have no chance of life; 163
and in a case where a young woman with learning difficulties
became pregnant as a result of rape. 164
The Committee against Torture has also determined that
complete legal bans on abortion, including criminalization of
159
Bangkok Rules, above note 128, Rule 10(2).
160
Ibid, Rule 11(1).
161
Ibid, Rule 11(2).
162
Mandela Rules, above note 123, Rule 27.
163
K.L. v Peru, Human Rights Committee Communication 1153/2003,
UN Doc CCPR/C/85/D/1153/2003 (2005).
164
L.M.R. v Argentina, Human Rights Committee Communication
1608/2007, UN Doc CCPR/C/101/D/1608/2007 (2011).