Most violence against women takes place in the within the private sphere.
State responsibility arising out of acts by private individuals lies at the
heart of the gender-interpretation of the Convention against Torture. A
growing body of international human rights law has recognised State
responsibility for private acts when the state fails to exercise due diligence
in preventing, investigating, prosecuting, punishing and repairing human
rights violations. While it is obvious that not all violence against women
can be qualified as torture within the meaning of the Convention against
Torture, the mere fact that the perpetrator is a private individual rather
than a state official should not automatically lead to the exclusion of the
violence from the scope of the Convention against Torture as according to
its article 1, torture means not only acts of sever pain and suffering by the
a public official, but also at the instigation of or with the consent or acqui-
escence of a public official or other person acting in the official capacity.
Depending on the severity of the violence and the circumstances giving
rise to State responsibility, OMCT believes that violence against women
perpetrated by private individuals can constitute a form of torture or cruel,
inhuman or degrading treatment.