That is an excellent question, because it's one Linda and I were shocked about in 1993 when Sara came to us and said she was tortured. We looked around and were shocked to find out that Canada does not recognize torture by non-state actors. Then we went global to try to understand the discrimination that occurs in the law. We found out that, in Canada, section 269.1 of the Criminal Code says very clearly that a torturer can only be a public officer, a police officer or a military officer, because it was not thought that women and girls, or children, were ever tortured in the private domain. Back in the eighties when the convention against torture was created, violence against women and children in the family was a family matter. Everybody knew about it, but nobody paid any attention to it.
What has happened, in our opinion, is that when the convention was rolled out—and it had discrimination in it, that it only happened really to men in war, or men in terrorism—countries all over this planet decided to make a law that mimicked the convention, which said that it could only be a public official. Nobody every thought of women.
Linda and I work with a group in Vienna. We asked one the experts about when they were creating the convention, if they ever thought of women and children; and he just said no, that it wasn't even a thought in their minds.
That created the discrimination, and it has rolled out across this planet. We think it's really important that the UN has been trying to change that attitude. For example, the committee against torture in 2008 in paragraph 18 said very clearly that non-state actors commit torture and the countries should look at that and change their law.
Women and men in this country might be surprised that it was only in 1993 that the abuse and torture of women was acknowledged. They were talking about women at the convention on human rights in 1993 in Vienna. That was the first time, really, in human rights history around the conventions that the issue of abuse and torture of women came up. We're very new at the issues that we're all talking about here. That's not a very long time.
Also, the CEDAW committee, which is to remove discrimination...and Canada has ratified both of these conventions. They too are trying to catch up with modern times. In their recommendation 35, they also brought in that non-state actors can commit torture.