CAT/C/GC/2
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or participating in this transfer contrary to the State’s obligation to take effective measures to
prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern
when States parties send persons to such places without due process of law as required by articles 2
and 3.
V.
Protection for individuals and groups made vulnerable by discrimination or
marginalization
20.
The principle of non-discrimination is a basic and general principle in the protection of
human rights and fundamental to the interpretation and application of the Convention. Nondiscrimination is included within the definition of torture itself in article 1, paragraph 1, of the
Convention, which explicitly prohibits specified acts when carried out for “any reason based on
discrimination of any kind…”. The Committee emphasizes that the discriminatory use of mental or
physical violence or abuse is an important factor in determining whether an act constitutes torture.
21.
The protection of certain minority or marginalized individuals or populations especially at
risk of torture is a part of the obligation to prevent torture or ill-treatment. States parties must ensure
that, insofar as the obligations arising under the Convention are concerned, their laws are in practice
applied to all persons, regardless of race, colour, ethnicity, age, religious belief or affiliation,
political or other opinion, national or social origin, gender, sexual orientation, transgender identity,
mental or other disability, health status, economic or indigenous status, reason for which the person
is detained, including persons accused of political offences or terrorist acts, asylum-seekers,
refugees or others under international protection, or any other status or adverse distinction. States
parties should, therefore, ensure the protection of members of groups especially at risk of being
tortured, by fully prosecuting and punishing all acts of violence and abuse against these individuals
and ensuring implementation of other positive measures of prevention and protection, including but
not limited to those outlined above.
22.
State reports frequently lack specific and sufficient information on the implementation of the
Convention with respect to women. The Committee emphasizes that gender is a key factor. Being
female intersects with other identifying characteristics or status of the person such as race,
nationality, religion, sexual orientation, age, immigrant status etc. to determine the ways that women
and girls are subject to or at risk of torture or ill-treatment and the consequences thereof. The
contexts in which females are at risk include deprivation of liberty, medical treatment, particularly
involving reproductive decisions, and violence by private actors in communities and homes. Men
are also subject to certain gendered violations of the Convention such as rape or sexual violence and
abuse. Both men and women and boys and girls may be subject to violations of the Convention on
the basis of their actual or perceived non-conformity with socially determined gender roles. States
parties are requested to identify these situations and the measures taken to punish and prevent them
in their reports.
23.
Continual evaluation is therefore a crucial component of effective measures. The Committee
has consistently recommended that States parties provide data disaggregated by age, gender and
other key factors in their reports to enable the Committee to adequately evaluate the implementation
of the Convention. Disaggregated data permits the States parties and the Committee to identify,