DOCSLIB.ORG

Reproductive Freedom, Torture and International Human Rights

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Reproductive Freedom, Torture and International Human Rights 79 BOOK REVIEW not only raised but discussed in depth, is: Reproductive how the prohibition against torture can Freedom, Torture actively be applied in this context? The author presents a very comprehen- and International sive overview of the prohibition against torture, both in international human rights Human Rights: laws and in regional human rights legislation. Rich examples of jurisprudence and the Challenging the changes in jurisprudence with regard to reproductive rights are provided, with Masculinization of reproductive rights being defined as those related to pregnancy and childbirth. Despite Torture, By Ronli the importance of a whole range of existing Sifris legal provisions regarding torture, priority is given to the UN Convention against Torture, in particular the definition of torture in Published by Routledge (ISBN: 978-0-415- Article 1, and the jurisprudence of the UN 65963-5) Committee against Torture, including a useful historical overview. This is done in a Nora Sveaass, Associate Professor * convincing way as the author “deconstructs” the definition in the convention through a The title of the book could not be clearer step-by-step analysis of its four main ele- about its key message. In the words of the ments and how these can relate to violations author, it aims to “contribute to a feminist on reproductive freedom. The discussion is conceptualization of international human both conceptually sound and provides rights by examining restrictions on reproduc- substance, including appropriate reference to tive freedom through the lens of the right to jurisprudence, recommendations presented be free from torture and CIDT [Cruel, to States as part of periodic reporting and the Inhumane or Degrading Treatment]” (p8). Committee’s General Comments. Despite Sifris’ book draws attention to the grave the jurisprudence based on decisions in reality surrounding women’s reproductive individual complaint cases being fairly freedom in numerous countries and, in limited, there are a number of very clear particular, the severe restrictions on abor- concluding observations by the Committee tions and the practice of involuntary against Torture ('COB'), on restrictions on TORTURE Volume 27, Number 1, 2017 sterilizations. The author affirms how abortion (for instance in the COBs to Peru in inhumane and dangerous it is for interna- 2006, to Nicaragua in 2009, to Paraguay in tional law to overlook women’s choices in 2011 and to Ireland also in 2011), and on relation to their own bodies, and the involuntary sterilizations (COBs to Czech consequences this may have, with many Republic in 2004 and 2012, to Peru in 2006 women suffering or dying because of lack of protection. The important question, which is i UN CAT (2008). General comment No. 2 on article 2 of the Convention against Torture. AVailable from: http:// *) University of Oslo, Norway www2.ohchr.org/english/bodies/cat/GC2.htm 80 BOOK REVIEW etc.). The references that are made to General reasons of racial discrimination or political Comment No. 2 i on the obligation of states to oppression. prevent torture and ill-treatment, and the An interesting discussion regarding the inclusion of the term ‘reproductive decision’ condition of “powerlessness” often associated relating to women (paragraph 22), firmly with torture is also included which builds on position this form of violence as being under the work of Burgers and Danelius, as well as the Convention. The author clearly acknowl- M. Nowak, all of whom have highlighted the edges the importance of the concrete steps importance of the key difference between taken by many of international bodies and being in a situation where there is some the Committee against Torture in strengthen- power to escape and where there is not. This ing the reproductive rights of women by element of powerlessness is discussed and pointing out state responsibility under the analysed by the author in the same way as Convention. the formal elements of the definition of The book’s review of both the definition torture. It is a very interesting discussion and and its elements (that is, severe pain and arguments relating to domestic violence and suffering, intentionality, purpose: discrimina- the definition of torture and CIDT are tion and public official) is remarkably brought in. However, it was surprising that thorough as well as challenging and eye- there was no further discussion about the opening. Serious limitations to women’s problematic aspects of the powerlessness decisions over their bodies can mean severe concept, especially since it has been chal- pain and suffering and the principle of lenged from a feminist point of view. intentionality is understood in this context. Copelon, for example, is concerned that a In particular, an understanding of the focus on powerlessness risks diminishing the discriminative element as an example of plight of battered women vis-a-vis men in purpose is clearly explored and supported by detention, implying that the former have a cases and principles. The public official greater ability to leave an environment where element of the definition is fulfilled by the there are tortured. It also risks bringing back fact that decisions taken over women’s the blame on the woman for her abuse.ii The reproductive rights are more often than not discussion is nevertheless valuable and related to legal provisions in a country, or contains substantial and relevant arguments even when non-state actors are involved, lack as well as cases. of due diligence and failure to protect on the As a former member of the Committee part of the state. How this relates to the against Torture, who has taken an active part definition of torture also allows for the in the discussions surrounding these issues analysis of examples and situations that may during the period in which the analysis fall under the concept of torture and thereby covers, I found the review and analysis of an accompanying state obligation to prevent. primarily the four elements of the definition A number of strong examples of the injustice to be an extraordinarily valuable and women have been exposed to are provided, such as denial of abortion on very young girls who have become pregnant after rape, ii Copelon R, Gender Violence as Torture: The including by their own fathers, denial of Contribution of CAT General Comment No. 2, 11 N.Y. City L. Rev. 229 (2008). ending pregnancy even when life is at stake, Available from: http://academicworks.cuny.edu/clr/vol11/ TORTURE Volume 27, Number 1, 2017 and sterilization forced upon women for iss2/7 81 BOOK REVIEW stimulating contribution to the field in to men in detention. The author argues that general, and in particular to the field of international law reflects this exclusionary reproductive rights and international law. and masculinized understanding of torture That said, this publication should not stand and, as such, serious violations may fall alone, but be a springboard for further under the radar and threats to women’s lives thinking and discussion on the issue. The and well-being may fall short of the scrutiny mapping exercise carried out in the book otherwise given to acts of torture or CIDT. importantly includes highlighting the gaps, In light of this, the book represents a very silences, and vagueness that continue to important contribution to the field and it surround violence and abuse in connection opens up a larger debate about prevention, with reproductive rights and, in particular, protection and accountability with regard to restrictions on abortion and involuntary women, reproductive rights and torture. sterilization procedures. This also brings Moreover, it is a book which gives insight attention to rape as a form of violence and perspective to all those involved in against women and as a form of human working with human rights and prevention of rights violation. It also furthers the discus- all genders and all ages. sion about when and under what conditions ‘Reproductive Freedom, Torture and international human rights law considers International Human Rights: Challenging rape to be torture. The discussion on this the Masculinization of Torture’ is not only topic has developed over the last few years worth reading, but worth studying in depth. and the contribution also from the Commit- It succeeds in its aim to analyze “the tee against Torture on this issue is significant. iii meaning of torture and CIDT under interna- The book represents a very important tional human rights law with a view to summary of the process that has taken place conceptualizing these terms so as to include with regard to women’s rights, serious issues of disproportionate concern to human rights abuses and in particular sexual, women, particularly restrictions of reproduc- gender-based violence over the last 20 years. tive freedom” (p4). Anyone trying to In so doing, it contributes to the call for how understand, study, or work with international women’s lived experiences of torture should law should read this book in order to be defined as just that: torture. conceptualize the gendered nature of it and The book’s reach - or its potential impact in order not to discount half the world’s – goes further than an analysis of the specific population. Furthermore, this book chal- points raised – it is a feminist analysis of lenges the international legal system, which international law, highlighting the fact that was developed primarily by men and does TORTURE Volume 27, Number 1, 2017 torture has been, and usually still is, de- not properly address women’s lived experi- scribed and discussed in a gendered way, ences. It is a timely and a very important that is, as a mainly male-related problem, book. and specifically, as something that happens Acknowledgements: Thanks to Nora Uhrich, Fullbright Student iii Gaer FD. Rape as a form of torture: the experience of at the University of Oslo for constructive the Committee against Torture.
Load more

Recommended publications
  • Publicationsthe Prohibition of Torture
    THE PROHIBITION OF TORTURE: AN INTRODUCTORY GUIDE This is a publication of the Center for Hu- man Rights & Humanitarian Law at American University College of Law — authored by Associate Director of Impact Litigation and the Kovler Project Against Torture Jennifer de Laurentiis and Assistant Director of the Anti- Torture Initiative Andra Nicolescu, and designed by Center Program Coordinator Anastassia Fagan. TABLE OF CONTENTS MESSAGE FROM DEAN CAMILLE A. NELSON.......................................................................................................i MESSAGE FROM CENTER DIRECTOR, PROFESSOR MACARENA SAEZ.........................................................ii INTRODUCTION: WHY DOES THE PROHIBITION OF TORTURE AND OTHER ILL-TREATMENT MATTER?...............................................................................................................1 WHAT IS TORTURE?.....................................................................................................................................................2 WHAT ARE “OTHER ACTS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT WHICH DO NOT AMOUNT TO TORTURE?”...................................................5 WHAT IS THE DISTINCTION BETWEEN TORTURE & OTHER ILL-TREATMENT?...........................................6 CAN PRIVATE ACTORS COMMIT “TORTURE”?......................................................................................................7 WHAT DOES THE CONVENTION AGAINST TORTURE REQUIRE?.....................................................................9
    [Show full text]
  • The Politics of Torture in Great Britain, the United States, and Argentina, 1869-1977
    Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2014 Holes in the Historical Record: The olitP ics of Torture in Great Britain, the United States, and Argentina, 1869-1977 Lynsey Chediak Claremont McKenna College Recommended Citation Chediak, Lynsey, "Holes in the Historical Record: The oP litics of Torture in Great Britain, the United States, and Argentina, 1869-1977" (2014). CMC Senior Theses. Paper 875. http://scholarship.claremont.edu/cmc_theses/875 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. CLAREMONT McKENNA COLLEGE Holes in the Historical Record: The Politics of Torture in Great Britain, the United States, and Argentina, 1869-1977 SUBMITTED TO PROFESSOR LISA FORMAN CODY AND DEAN NICHOLAS WARNER BY LYNSEY CHEDIAK FOR SENIOR HISTORY THESIS SPRING 2014 April 28, 2014 Acknowledgments This thesis would not have been possible without the brilliant minds of my professors at Claremont McKenna College and the encouragement of my family. First, I would like to thank my reader and advisor, Professor Lisa Forman Cody. From my first day in her class, Professor Cody took what I was trying to say and made my statement, and me, sound ten times smarter. From that moment, I started to truly believe in the power of my ideas and a central tenet that made this thesis possible: there is no wrong answer in history, only evidence. Through countless hours of collaboration, Professor Cody spurred my ideas to levels I never could have imagined and helped me to develop my abilities to think critically and analytically of the historical record and the accuracy of sources.
    [Show full text]
  • Reproductive Rights Violations As Torture Or Ill-Treatment
    REPRODUCTIVE RIGHTS VIOLATIONS AS TORTURE OR ILL-TREATMENT CAT Committee Jurisprudence on Violations of Reproductive Rights The Committee against Torture (CAT Committee) has found that several restrictions on access to reproductive health services and abuses that occur when seeking these services may constitute violations of the Convention against Torture (CAT) because they put women’s health and lives at risk or may otherwise cause them severe physical or mental pain or suffering. For instance, the CAT Committee has found that complete bans on abortion, which exist in only five countries in the world (Nicaragua, El Salvador, Chile, Malta, and the Dominican Republic) may constitute torture or ill-treatment on their face, because these laws place women at a risk of preventable maternal mortality. • As the CAT Committee noted in its 2009 review of El Salvador, “the current Criminal Code of 1998 penalizes and punishes with imprisonment for periods ranging from 6 months to 12 years all forms of recourse to voluntary interruption of pregnancy, including in cases of rape or incest, which has resulted in serious harm to women, including death,” recommending that El Salvador take measure to prevent torture and ill-treatment by “providing the required medical treatment, by strengthening family planning programmes and by offering better access to information and reproductive health services, including for adolescents.”1 The CAT Committee has also recommended that abortion be legal in a variety of instances where a pregnancy may cause a woman severe physical or mental suffering. To date, the CAT Committee has found that states have an obligation to ensure access to abortion for women whose health or life is at risk, who are the victims of sexual violence, or who are carrying non- viable fetuses.
    [Show full text]
  • Torture and the Cruel, Inhuman and Degrading Treatment of Detainees: the Effectiveness and Consequences of 'Enhanced
    TORTURE AND THE CRUEL, INHUMAN AND DE- GRADING TREATMENT OF DETAINEES: THE EFFECTIVENESS AND CONSEQUENCES OF ‘EN- HANCED’ INTERROGATION HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION NOVEMBER 8, 2007 Serial No. 110–94 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 38–765 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 15:46 Jul 29, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CONST\110807\38765.000 HJUD1 PsN: 38765 COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California WILLIAM D. DELAHUNT, Massachusetts CHRIS CANNON, Utah ROBERT WEXLER, Florida RIC KELLER, Florida LINDA T. SA´ NCHEZ, California DARRELL ISSA, California STEVE COHEN, Tennessee MIKE PENCE, Indiana HANK JOHNSON, Georgia J. RANDY FORBES, Virginia BETTY SUTTON, Ohio STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D.
    [Show full text]
  • Application of the US Torture Statute to the Physical and Psychological
    Rape as Torture: Application of the U.S. Torture Statute to the Physical and Psychological Consequences of Rape and Sexual Violence on Victims Lindsay Gorman Rape is considered a crime against humanity and an act of torture in international law in large part due to its severe physical and psychological effects on individuals and communities. It is not the purpose of this memorandum to contrast U.S. and international jurisprudence, but rather to explore these physical and psychological effects common to incidents of sexual violence with an eye towards situating this crime within the bounds of the U.S. torture statute, 18 U.S.C. §2340. Elsewhere, we discuss the psychological motivations of the perpetrator of these crimes in the interest of satisfying the statute’s specific intent requirement. Here, our focus is on the victims—and precisely on showing that rape and sexual crimes indisputably meet Title 18’s severity standards. In this section, we will show that rape and sexual crimes: (1) have the potential to cause severe physical pain or suffering; (2) result in prolonged mental harm; and (3) cause this prolonged mental harm via circumstances enumerated under the U.S. torture statute. Points (2) and (3) are sufficient to show that rape and sexual violence amount to the “severe mental pain or suffering” stipulated by the statute. (1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions)
    [Show full text]
  • The Right to Political Participation in International Law
    The Right to Political Participation In International Law Gregory H. Fox I. INTRODUCTION ................................................ 540 I1. THE EMERGING INTERNATIONAL LAW OF PARTICIPATORY RIGHTS ................. 544 A. ParticipatoryRights Before 1948: The Reign of the State Sovereignty Approach ..... 544 B. The Nature and Scope of Post-War Treaty-Based ParticipatoryRights ........... 552 1. The InternationalCovenant on Civil and PoliticalRights ................ 553 a. Non-Discrimination .................................... 553 b. The Right to Take Part in Public Affairs........................ 555 c. Requirements Concerning Elections ........................... 555 2. The FirstProtocol to the European Convention on Human Rights ........... 560 a. Rights Concerning Elections ................................ 561 b. Non-Discrimination .................................... 563 3. The American Convention on Hwnan Rights ........................ 565 4. Other InternationalInstruments Guaranteeing ParticipatoryRights .......... 568 a. The African Charteron Hwnan and Peoples' Rights ................ 568 b. Council on Security and Co-operationin Europe Accords ............. 568 5. Summary of Treaty-Based Norms ................................ 570 II. INTERNATIONAL ELECTION MONITORING: THE ELABORATION AND ENFORCEMENT OF PARTICIPATORY RIGHTS ......................................... 570 A. Election Monitoring Priorto 1945 .................................. 571 B. Monitoring Under the United Nations System .......................... 572 1. The
    [Show full text]
  • Universal Declaration of Human Rights
    Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
    [Show full text]
  • Treatment of American Prisoners of War in Southeast Asia 1961-1973 by John N. Powers
    Treatment of American Prisoners of War In Southeast Asia 1961-1973 By John N. Powers The years 1961 to 1973 are commonly used when studying American POWs during the Vietnam War, even though history books generally refer to the years 1964 to 1973 in defining that war. Americans were captured as early as 1954 and as late as 1975. In these pages the years 1961 to 1973 will be used. Americans were held prisoner by the North Vietnamese in North Vietnam, the Viet Cong (and their political arm the National Liberation Front) in South Vietnam, and the Pathet Lao in Laos. This article will not discuss those Americans held in Cambodia and China. The Defense Prisoner of War/Missing Personnel Office (DPMO) lists 687 American Prisoners of War who were returned alive by the Vietnamese from 1961 through 1976. Of this number, 72 were returned prior to the release of the bulk of the POWs in Operation Homecoming in 1973. Twelve of these early releases came from North Vietnam. DPMO figures list thirty-six successful escapes, thirty-four of them in South Vietnam and two in Laos. There were more than those thirty-six escapes, including some from prison camps in Hanoi itself. Some escapes ended in recapture within hours, some individuals were not recaptured for days, and some were simply never seen again. There were individuals who escaped multiple times, in both North and South Vietnam. However, only thirty- six American prisoners of war escaped and reached American forces. Of those thirty- six successful attempts, twenty-eight of them escaped within their first month of captivity.
    [Show full text]
  • Accountability for Torture: Why a Criminal Investigation Is Necessary
    Accountability for Torture: Why a Criminal Investigation is Necessary The Senate Intelligence Committee’s torture report confirms that the CIA tortured and brutalized prisoners in secret prisons around the world. The report, which is the culmination of a multi-year inquiry, also provides startling, new details about the level of cruelty perpetrated in our names. The conduct that the report describes violates both international and domestic law. Much of this conduct was authorized at the highest levels of government, with the involvement of the White House, the Justice Department, and the Defense Department. Given the gravity of the conduct described in the report, the Justice Department has a duty to investigate issues of criminal responsibility. A criminal investigation is an unequivocal obligation under international law. It is also necessary to repair our country’s damaged moral authority and prevent similar abuses from occurring again. The Justice Department Should Appoint a Special Prosecutor To ensure that the investigation of the torture program is comprehensive and insulated from political interference, Attorney General Eric Holder should appoint a special prosecutor from within the Justice Department and transfer to that special prosecutor all of his authority to investigate and prosecute crimes relating to the program. A special prosecutor would be able to make prosecutorial decisions without having to seek the attorney general’s permission. The special prosecutor’s mandate should be broad. It should include the authority to investigate and prosecute decisions to approve torture, to carry it out, and to conceal it. The special prosecutor should also examine CIA efforts to impede or improperly access the Senate’s investigation of CIA torture.
    [Show full text]
  • Read the Shadow Report Submitted by Advocates for U.S. Torture Prosecutions
    Shadow Report to the United Nations Committee Against Torture on the Review of the Periodic Report of the United States of America September 29, 2014 Prepared by Advocates for U.S. Torture Prosecutions Dr. Trudy Bond, Prof. Benjamin Davis, Dr. Curtis F. J. Doebbler, and The International Human Rights Clinic at Harvard Law School Summary: Since the United States last reported to the Committee Against Torture in 2006, even more evidence has emerged confirming that civilian and military officials at the highest level created, designed, authorized, and implemented a sophisticated, international criminal program of torture. In August 2014, President Barack Obama conceded that the United States tortured people as part of its so-called “War on Terror,” yet the United States continues to shield senior officials from liability for these crimes, in violation of its obligations under the Convention Against Torture. Recommended Questions: 1. Why has the United States not prosecuted senior officials for authorizing conduct it admits was torture? 2. Were the following people ever criminally investigated for their role in torture, and why have they not been prosecuted? a. Former President George W. Bush b. Former Office of Legal Counsel (OLC) at the Department of Justice lawyer John Yoo c. Former Central Intelligence Agency (CIA) contractor Dr. James Mitchell Suggested Recommendation: 1. That the United States promptly and impartially prosecute senior military and civilian officials responsible for authorizing, acquiescing, or consenting in any way to acts of torture committed by their subordinates. Advocates for U.S. Torture Prosecutions I. Reporting Organization Advocates for U.S. Torture Prosecutions is a group composed of concerned U.S.
    [Show full text]
  • Sec 5.1~Abuse of Prisoners As Torture
    1 5. Substantive Legal Assessment 5.1 Abuse of Prisoners as Torture and War Crimes under Sec. 8 of the CCIL and International Law The crimes described above against detainees at Abu Ghraib and the plaintiffs al Qahtani and Mowsboush constitute torture and war crimes under German and international criminal law. Therefore, sufficient evidence exists of criminality under Sec. 8 I nos. 3 and 9 CCIL. The following will provide a detailed legal analysis of the prohibitions in the CCIL and international law that were violated by the above-described acts. First, it will note the way in which two high-ranking members of the U.S. government dealt with the traditional torture techniques of “water boarding” and “longtime standing,” which is significant from the plaintiff’s perspective. In their publicly documented statements, both of government officials reveal a high degree of cynicism, coupled with ignorance of historical, legal and medical contexts. “Water Boarding” and “Longtime Standing” In the course of an interview on 24 October 2006, the Vice President of the United States, Richard Cheney, asked by radio reporter Scott Hennen whether “a dunk in water is a no- brainer if it can save lives,” gave the following answer: “It's a no-brainer for me, but for a 2 while there, I was criticized as being the ‘Vice President for torture.’ We don't torture. That's not what we're involved in. We live up to our obligations in international treaties that we're party to.” Cheney was the first member of the Bush government to admit that “water boarding” had been used in the case of detainee Khalid Scheikh Mohammed and other high-ranking al Quaeda members.
    [Show full text]
  • Gender Perspectives on Torture: Law and Practice
    Gender Perspectives on Torture: Law and Practice CENTER FOR HUMAN RIGHTS & HUMANITARIAN LAW Anti-Torture Initiative Gender Perspectives on Torture: Law and Practice CENTER FOR HUMAN RIGHTS & HUMANITARIAN LAW Anti-Torture Initiative ii GENDER PERSPECTIVES ON TORTURE: Law and Practice Table of Contents � v Acknowledgements vii Preface: Macarena Sáez xi Introduction: Juan E. Méndez xv Foreword: Dubravka Šimonović 1 I. Gender-Based Violence: State Responsibility 3 The Vital Voices Justice Institute: Helping States Combat Gender-Based Violence Gigi Scoles and Anupama Selvam 19 Reparations for Sexual and Other Gender-Based Violence Carla Ferstman 33 How Non-State Torture is Gendered and Invisibilized: Canada’s Non-Compliance with the Committee Against Torture's Recommendations Jackie Jones, Jeanne Sarson, and Linda MacDonald 57 The Importance of Investigating Torture Against Women and Girls by Non-State Actors: Applicable Legal Standards from International Human Rights Law Teresa Fernández Paredes 87 II. Gender and Sexuality as the Basis for Specific Harms 89 Murdered in the Name of “Honor” Aisha K. Gill 105 Female Genital Mutilation as a Form of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment": Intersections with the Migration Context Els Leye and Ino Kehrer 123 Pregnancy and Virginity Testing in Educational Settings and the Torture and Other Ill-Treatment Framework Esther Major 139 Forced Contraception as a Means of Torture Christie J. Edwards 161 The Humanisation of Women: A Work in Progress Purna Sen 183 Gendering the Lens: Critical Reflections on Gender, Hospitality and Torture Mauro Cabral Grinspan and Morgan Carpenter iii iv GENDER PERSPECTIVES ON TORTURE: Law and Practice 197 III.
    [Show full text]