Recognizing Rape as Torture: The Evolution of Women's Rights Legal Protective Techniques

Authors

Iveta Cherneva

First Page

325

Abstract

When thinking about torture, the image coming to mind is that of a detainee held by state authorities for purposes of information extraction. The newspapers' photo images of Abu Graib detainees and sharp-teeth dogs are inevitably recalled. The present article examines a different angle with regard to the legal conceptualization of torture as a violation of international human rights law. The 2008 Report by the United Nations (UN) Special Rapporteur on Torture Manfred Nowak opened a door by linking torture to sexual and domestic violence and women's rights, creating a potential future impact with results that remain to be seen. This article examines the evolution of law with regard to recognizing rape as torture. The analysis underlines the main conceptual issues and legal implications arising out of the legal characterization of rape as torture. It further suggests potential directions for the evolution of women's rights protective techniques.

Recommended Citation

Iveta Cherneva, Recognizing Rape as Torture: The Evolution of Women's Rights Legal Protective Techniques, 6 Intercultural Hum. Rts. L. Rev. 325 (2011).
Available at: https://scholarship.stu.edu/ihrlr/vol6/iss1/13