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.