HRC 31 - Statement - Interactive Dialogue with the UN Special Rapporteur on torture

HUMAN RIGHTS COUNCIL

31st session (29 February 2016 -24 March2016)

Item 3: Interactive dialogue with the SpecialRapporteur on torture and the Special Rapporteur on sale of children

Oralstatement delivered by The World OrganisationAgainst Torture (OMCT),

a non-governmentalorganisation in general consultative status

Mr. President,

On the occasion of theinternational women’s day, OMCT thanks Special Rapporteur Mr. Méndez for hisreport about gender perspectives on torture and ill-treatment and strongly welcomesthe comprehensive set of legal standards laid out. The report will be a tool of great value for victims andanti-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 needto be identified, acknowledged and addressed.

OMCT is deeply concerned by retrogressivedevelopments witnessed worldwide, and we call on your mandate to monitor the enforcementof your recommendations taking into account the CEDAW General Recommendation on women’s access to justice, adopted in July2015, notably to ensure access to justice and integral reparation forvictims of conflict-related sexual violence, in countries such as Colombia and the DRC.

OMCT welcomes yourcondemnation of restrictive laws prohibiting abortions in cases of rape or foetalimpairment, since they violate women’s right to be free from torture andill-treatment. Within its global work fighting against torture, OMCT has broughtthe issue of denial of abortion to the attention of the CAT Committee, forexample in its shadow reports of Macedoniaand the United States.

OMCT commends your efforts to underlinethe cross-cutting dimension of torture and ill-treatment to many human rightsviolations suffered by LGBTI persons. We are dismayed by the significantincrease of reported killings of transgender persons particularly in Latin America,including in Honduras and Mexico. Onthis latter country, could you confirm whether your follow-up visit has been alreadyscheduled?

In addition, Mr. Méndez, couldyou please mention examples of best practices identified within your mandate toguarantee that transgender persons can develop their life project withoutinterference with their right to personal integrity?

OMCT has also documented a rise in the numberof reports denouncing “conversion” therapies for LGBTI persons that encompassliberty depriving measures, in countries such as Guatemala; and sees with serious concern regressive measures in countriesyou have recently visited such as Tunisia,where sixfirst-grade students were condemned for sodomy only last week.

Moreover, women andLGBTI rights’ defenders fighting against torture remainparticularly at risk, in countries like Egypt,Cameroon, Honduras, Saudi Arabia and the Philippines. Mr. Méndez, could youmention cases brought to your attention where women’s rights defenders havebeen targeted because of their fight to eradicate torture? What actions haveyou taken in this regard?

OMCT welcomes your missionreports on Brazil and Georgia, andstrongly supports your recommendations. In Brazil, OMCT remains particularly concerned about the legalinitiatives 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 aswell to reinforce the call to the Brazilian Government to provide adequatefunding to local NPMs and ensure transparency in the selection of its members.

Finally, OMCT urges States toaccept outstanding country visit requests and to cooperate fully with yourmandate, including by responding promptly and comprehensively to your communications,and implementing your recommendations.

Thank you.