last updated 11 April 2025

International human rights bodies have long recognized violence against women as a form of torture. As early as 1992, CEDAW Recommendation No. 19 (updated by CEDAW Recommendation No. 35 (2017) [1] recognized that gender-based violence violates women’s right “not to be subject to torture or to cruel, inhuman or degrading treatment or punishment.” In 2007, the Committee Against Torture (CAT), the monitoring body for the Convention Against Torture, formally identified violence against women as a form of torture in General Comment No. 2. CAT emphasized that states are responsible for preventing, investigating, and punishing acts of torture or ill-treatment by non-state actors, including “gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.”[2] It further established that states are complicit if their failure to intervene “encourages and enhances the danger of privately inflicted harm.” In other words, States Parties to the Convention Against Torture must prevent gender-based violence, whether perpetrated by state or private actors.

The Committee Against Torture may address violence against women through periodic country reviews of States Parties, inquiries, and inter-state complaints. As part of a periodic review, CAT  has specifically addressed VAW and made recommendations through Concluding Observations for individual States Parties. For example, in its review of North Macedonia,[3] CAT recommended introducing a specific offence of psychological violence in the Criminal Code and strengthening awareness-raising efforts, particularly among men and boys, to combat stigma and improve trust between survivors and authorities. Similarly, in its review of Türkiye,[4] the Committee urged the State to enhance mandatory training for law enforcement, judicial officials, and social service providers on handling sexual and gender-based violence, ensuring sensitivity to the risks faced by LGBTQ+ individuals. CAT has also called on States to strengthen legal protections, such as its recommendation to Kuwait to amend the definition of rape in its Criminal Code to align with international standards by basing it on the absence of freely given consent rather than the use of force, threat, or deception.[5]

Individuals or civil society organizations can submit complaints to be heard by CAT if determined to be admissible. For instance, the committee heard the first case about sexual violence in conflict in 2019. The case addressed the rape of a woman by an armed soldier during the Bosnian war. She never received compensation from the soldier nor the State for the violence she endured. CAT ordered Bosnia and Herzegovina to ensure she is appropriately compensated and has access to free physical and mental healthcare. It also recommended the State issue public apologies and implement an “effective reparations scheme.” 

Additionally, the UN Special Rapporteur on Torture has also addressed gender-based violence against women in the context of the Convention against Torture. In an annual report, the Special Rapporteur on Torture emphasized that gender-based violence, including domestic abuse, trafficking, and rape, can constitute torture when it fulfills the purpose element of the Convention Against Torture, particularly due to its inherently discriminatory nature.