Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and Women’s Rights
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/08/12
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
Looking at this particular convention, if we look for the terms women, men, sex, or gender, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) or the Convention does not match the reality for women’s equality.
It does not use the term “women.” In fact, the lack of inclusion of even the terms “sex” and “gender” with respect to the forms of cruel and inhuman, and degrading, treatment or punishment would seem suspicious, especially for a document, ironically, founded in 1984.
But there is some follow-up context. If one looks further into the United Nations Special Rapporteur on Torture and the Committee Against Torture, there is commentary via the London School of Economics on the nature of violence against women.
The violence against women or VAW can fit right into the forms of treatment stipulated in the contents of the Convention. The Convention is bound to investigate and prevent the actions related to torture in which it may have some jurisdiction from which to take action.
Also, the two additional aforementioned bodies have acknowledged VAW and want to have the anti-torture framework understand this. The expanded consideration and inclusion of the unique experience of women through VAW may make an impact in “armed conflict or peacetime, in the home, the street or in places of detention – or the identity of the perpetrator – whether a family member, member of the community, stranger or state official.”
These are important additions for the document and hopefully can be enforced as the world moves into the future, even though, ideally, these would not be happening in the first place or at all.
–One can find similar statements in other documents, conventions, declarations and so on, with the subsequent statements of equality or women’s rights:
- The Universal Declaration of Human Rights in the Preamble, Article 16, and Article 25(2).
- Convention Against Discrimination in Education (1960) in Article 1.
- The International Covenant on Economic, Social and Cultural Rights (1966) in Article 3, Article 7, and Article 13.
- International Covenant on Civil and Political Rights (1966).
- Convention on the Elimination of all Forms of Discrimination Against Women (1979).
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).
- The Declaration on the Elimination of Discrimination Against Women (1993).
- Beijing Declaration(1995).
- United Nations Security Council Resolution 1325 (2000).
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000).
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa or the “Maputo Protocol” (2003).
- Council of Europe Convention on preventing and combating violence against women and domestic violence or the Istanbul Convention (2011) Article 38 and Article 39.
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