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Torture constitutes a distorted form of human interaction in which one powerful
person in his official capacity deliberately inflicts pain on, degrades and humiliates
another person who is powerless and defenseless. Once of the aims of torture at all
times has been to destroy the personality of the victim and at the same time set an
example for the rest of the community by creating a culture of fear that intimidates
and terrorizes. (Arcel, Genefke, Kastrup 2001)
This article focuses on Gender-specific forms of torture, mainly sexual torture and
Cruel, inhuman and degrading treatment against women (in the following CIDT =
Cruel, Inhuman, Degrading, Treatment) perpetrated by State-agents as defined in
The Convention against Torture (1984).
Gender-specific torture is directed disproportionately or primarily against women.
Men can also be targets of sexual torture but in smaller numbers. In this article we
will focus solely on women. Sexual torture harms women’s bodies and minds,
controls and stigmatizes them socially, impairs their sexual identities and in the
worst cases turn them into living dead. Because of the woman’s crucial role as the
care person in the family, her somatic and mental suffering create detrimental
conditions not only for herself but for her entire family.
I will discuss Gender-specific torture in the context of Gender-specific violence as
defined in the Declaration on the Elimination of Violence Against Women (UN
Resolution 48/104 of 20 December 1993)
By including the broader context in this volume we are in accordance with the
increasing international focus on Gender-specificity of societal violence that violates
the human rights of women. Torture and CIDT against women are in this broader
context seen as only one form of societal violence on the State level which, in a
complex culture of violence, is linked to other forms on the Community and family
level that reinforce each other if the state does not intervene.
Human rights violations do not arise only out of law but also out of cultural practices
and institutions not mentioned in the national legislation, e.g. practices of genital
mutilation and murder because of a small dowry. The argument is that we cannot
expect to combat and prevent torture and CIDT of women on the State level as long
as widespread, general societal violence against women on the Community and
Family level is allowed, condoned, accepted or tolerated by the State through its
passivity in the face of human rights violations. A general culture of violence and
fear in a society creates tolerance for State-perpetrated torture and maltreatment
against women.
Applying a gender-perspective in this article means that I will take a closer look at
specific forms of torture targeted at women, i.e. mainly sexual torture. I will further
show how legal and societal understanding of sexual torture and CIDT as private
acts, have hindered effective law-enforcement and adequate protection of female
suspects and detainees during war and peace.
In the first section of the article I will present the background for a new branch of
Human Rights theory and law and discuss the UN definition of Gender-violence in
connection with the definition of torture. Subsequently, I will discuss two selected
forms of Gender violence perpetrated by State-agents a) Sexual violence during
Armed conflict; b) Sexual violence and CIDT of women in custody, including
violations of their reproductive capacity and arbitrary captivity in detention-like
situations.
Examples from Europe, other countries and China will be used to illustrate problems.
The symptoms of health and mental health suffering and guidelines for prevention of
torture will be elaborated in the second section.
Posted on 2002-11-11
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