GENEVA (6 November 2013) – Flogging women, including for “honour-related offences” amounts to cruel, inhuman and degrading treatment in international law and must stop, two independent UN human rights experts said Wednesday in the wake of recent cases involving women in Sudan.
Amira Osman Hamed, a 35-year-old Sudanese civil engineer and women's rights activist appeared in court on Monday charged with dressing indecently or immorally – for refusing to cover her hair with a headscarf. If she is found guilty, she could be sentenced to corporal punishment of up to 40 lashes. Following Monday’s hearing, the woman remains in legal limbo while the prosecution decides if additional hearings will take place or if the case will be dismissed.
“Premarital sex, adultery, failing to prove rape, dressing ‘indecently’ or ‘immorally’, being found in the company of a man, or committing acts that are deemed incompatible with chastity – these are some of the “offences” for which women have been chastised with flogging in various parts of the world,” said the United Nations Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo. “This needs to stop. Women like Amira must not be forced to live in fear of being flogged. Governments need to stop flogging women and girls.”
Frances Raday, the chairperson of the Working Group on the issue of discrimination against women in law and in practice, added that it was women who were disproportionally found guilty of offences that were punishable by flogging.
“Given continued discrimination and inequalities faced by women, including inferior roles attributed to them by patriarchal and traditional attitudes, and power imbalances in their relations with men, maintaining flogging as a form of punishment, even when it applies to both women and men, means in practice that women disproportionally face this cruel punishment, in violation of their human rights to dignity, privacy and equality,” Ms. Raday said.
The experts called for the immediate release of Ms. Osman Hamed and for the Sudanese Government to review its legislation related to flogging. Under international human rights law, corporal punishment can amount to cruel, inhuman or degrading punishment or even to torture, and States cannot invoke provisions of domestic law to justify violations of their human rights obligations under international law.
“Corporal punishment of women and girls is usually linked to the control and limitation of their freedom of movement, freedom of association, as well as their personal and sexual choices. Punishment usually has a collective dimension, and is public in character, as the visibility of the issue also serves a social objective, namely, influencing the conduct of other women,” the experts said.
“We call on States to abolish all forms of judicial and administrative corporal punishment, and to act with due diligence to prevent, respond to, protect against, and provide redress for all forms of gender-based violence,” the experts said.
The experts are in contact with the government of Sudan to clarify the issue in question.
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Ms. Rashida Manjoo (South Africa) was appointed Special Rapporteur on Violence against women, its causes and consequences in June 2009 by the UN Human Rights Council. As Special Rapporteur, she is independent from any government or organization and serves in her individual capacity. Ms. Manjoo also holds a part-time position as a Professor in the Department of Public Law of the University of Cape Town.
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The UN Working Group on the issue of discrimination against women in law and in practice is composed of five independent experts from all regions of the world: Frances Raday (Israel/United Kingdom) Chairperson-Rapporteur; Emna Aouij, Vice-Chairperson (Tunisia); Patricia Olamendi Torres (Mexico); Kamala Chandrakirana (Indonesia) and Eleonora Zielinska (Poland).
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