CEDAW/C/GC/35
and suffering experienced by women, 24 and that the purpose and intent requirements
for classifying such acts as torture are satisfied when acts or omissions are gender specific or perpetrated against a person on the basis of sex. 25
18. Violations of women’s sexual and reproductive health and rights, such as
forced sterilization, forced abortion, forced pregnancy, criminalization of abortion,
denial or delay of safe abortion and/or post-abortion care, forced continuation of
pregnancy, and abuse and mistreatment of women and girls seeking sexual and
reproductive health information, goods and services, are forms of gender -based
violence that, depending on the circumstances, may amount to torture or cruel,
inhuman or degrading treatment. 26
19. The Committee regards gender-based violence against women as being rooted
in gender-related factors, such as the ideology of men’s entitlement and privilege
over women, social norms regarding masculinity, and the need to assert male control
or power, enforce gender roles or prevent, discourage or punish what is considered
to be unacceptable female behaviour. Those factors also contribute to the explicit or
implicit social acceptance of gender-based violence against women, often still
considered a private matter, and to the widespread impunity in that regard.
20. Gender-based violence against women occurs in all spaces and spheres of
human interaction, whether public or private, including in the contexts of the family,
the community, public spaces, the workplace, leisure, politics, sport, health services
and educational settings, and the redefinition of public and private through
technology-mediated environments, 27 such as contemporary forms of violence
occurring online and in other digital environments. In all those settings, genderbased violence against women can result from acts or omissions of State or
non-State actors, acting territorially or extraterritorially, including extraterritorial
military actions of States, individually or as members of international or
intergovernmental organizations or coalitions, 28 or extraterritorial operations of
private corporations. 29
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24
25
26
27
28
29
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For example, to understand that “severe suffering of the victim is inherent in rape, even when
there is no evidence of physical injuries or disease. … Women victims of rape also experience
complex consequences of a psychological and social nature.” Inter -American Court of Human
Rights, Fernández Ortega et al. v. Mexico, judgment of 30 August 2010, para. 124. See also the
reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3), para. 36.
Committee against Torture, communication No. 262/2005, V.L. v. Switzerland, views adopted on
20 November 2006; reports of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3).
Report of the Special Rapporteur on torture and other cruel, inhuman or degradi ng treatment or
punishment (A/HRC/31/57); Committee on the Elimination of Discrimination against Women,
communication No. 22/2009, L.C. v. Peru, views adopted on 17 October 2011, para. 8.18; and
Human Rights Committee, communications No. 2324/2013, Mellet v. Ireland, views adopted on
31 March 2016, para. 7.4, and No. 2425/2014, Whelan v. Ireland, views adopted on 17 March
2017.
See the report of the Secretary-General entitled “In-depth study on all forms of violence against
women” (A/61/122/Add.1 and Corr.1).
For example, as part of an international peacekeeping force. See general recommendation No. 30,
para. 9.
Concluding observations of the Committee on the periodic reports of Switzerland
(CEDAW/C/CHE/CO/4-5) and Germany (CEDAW/C/DEU/CO/7-8).
7/19