socially and economically marginalised victims, may overlap with the State obligation to address the social and economic needs of citizens in general. There should be clear distinction between measures of reparation which target harm suffered by particular victims and wider developmental programmes. 55. Collective reparation must clearly acknowledge that victims have been subjected to torture and other ill-treatment, and equally acknowledge the State’s responsibility for such treatment. It must establish a link between the service, benefit or measure intended to be provided and the harm it is meant to repair. 56. Reparation for collective harm must not substitute the individual’s right to reparation. VIII: Sexual and gender based violence 57. Acts of sexual and gender based violence, or the failure by States to prevent and respond to such acts, may amount to torture and other ill-treatment in violation of Article 5 of the African Charter. This General Comment specifically refers to those acts of sexual and gender based violence that amount to a form of torture and other ill-treatment in view of the specific, traumatic and gendered impact of sexual violence on victims, including the individual, the family and the collective. 58. These include physical and psychological acts committed against victims without their consent or under coercive circumstances, such as rape (including so-called ‘corrective rape’), domestic violence, verbal attacks and humiliation, forced marriage, isolation, dowry-related violence, trafficking for sexual exploitation, enforced prostitution, indecent assault, denial of reproductive rights including forced or coerced pregnancy, abortion and sterilisation, forced nudity, mutilation of sexual organs, virginity tests, sexual slavery, sexual exploitation, sexual intimidation, abuse, assault or harassment, forced anal testing, or any form of sexual or gender based violence of comparable gravity. These acts may occur in public or private and include force or coercion caused by fear of violence, duress, detention, psychological oppression or abuse of power. Acts of 17

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