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HUMAN RIGHTS COUNCIL
31st session (29 February 2016 -24 March 2016)
Item 3: Interactive dialogue with the Special Rapporteur on torture and the Special Rapporteur on sale of children
Oral statement delivered by The World Organisation Against Torture (OMCT),
a non-governmental organisation in general consultative status
Mr. President,
On the occasion of the international women’s day, OMCT thanks Special Rapporteur Mr. Méndez for his report about gender perspectives on torture and ill-treatment and strongly welcomes the comprehensive set of legal standards laid out. The report will be a tool of great value for victims and anti-torture defenders around the world.
Mr. Méndez does not draw distinctions or hierarchies among victims of torture by drafting a thematic report focusing on women and LGBTI persons, as some State representatives seem to have suggested today in their interventions; instead, in his latest report he tackles a sad reality: women and LGBTI persons's rights are too often neglected due to the existence of patriarchal power structures and discriminatory practices that need to be identified, acknowledged and addressed.
OMCT is deeply concerned by retrogressive developments witnessed worldwide, and we call on your mandate to monitor the enforcement of your recommendations taking into account the CEDAW General Recommendation on women’s access to justice, adopted in July 2015, notably to ensure access to justice and integral reparation for victims of conflict-related sexual violence, in countries such as Colombia and the DRC.
OMCT welcomes your condemnation of restrictive laws prohibiting abortions in cases of rape or foetal impairment, since they violate women’s right to be free from torture and ill-treatment. Within its global work fighting against torture, OMCT has brought the issue of denial of abortion to the attention of the CAT Committee, for example in its shadow reports of Macedonia and the United States.
OMCT commends your efforts to underline the cross-cutting dimension of torture and ill-treatment to many human rights violations suffered by LGBTI persons. We are dismayed by the significant increase of reported killings of transgender persons particularly in Latin America, including in Honduras and Mexico. On this latter country, could you confirm whether your follow-up visit has been already scheduled?
In addition, Mr. Méndez, could you please mention examples of best practices identified within your mandate to guarantee that transgender persons can develop their life project without interference with their right to personal integrity?
OMCT has also documented a rise in the number of reports denouncing “conversion” therapies for LGBTI persons that encompass liberty depriving measures, in countries such as Guatemala; and sees with serious concern regressive measures in countries you have recently visited such as Tunisia, where six first-grade students were condemned for sodomy only last week.
Moreover, women and LGBTI rights’ defenders fighting against torture remain particularly at risk, in countries like Egypt, Cameroon, Honduras, Saudi Arabia and the Philippines. Mr. Méndez, could you mention cases brought to your attention where women’s rights defenders have been targeted because of their fight to eradicate torture? What actions have you taken in this regard?
OMCT welcomes your mission reports on Brazil and Georgia, and strongly supports your recommendations. In Brazil, OMCT remains particularly concerned about the legal initiatives that aim at reducing human rights guarantees to children in prison, such as the lowering of the age of criminal majority. The OMCT would like as well to reinforce the call to the Brazilian Government to provide adequate funding to local NPMs and ensure transparency in the selection of its members.
Finally, OMCT urges States to accept outstanding country visit requests and to cooperate fully with your mandate, including by responding promptly and comprehensively to your communications, and implementing your recommendations.
Thank you.
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