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"Violence against women undermines women's core fundamental rights such as dignity, access to justice and gender equality. For example, one in three women has experienced physical and/or sexual violence since the age of 15; one in five women has experienced stalking; every second woman has been confronted with one or more forms of sexual harassment. What emerges is a picture of extensive abuse that affects many women's lives but is systematically underreported to the authorities. The scale of violence against women is therefore not reflected by official data. This FRA survey is the first of its kind on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence ('domestic violence'). The survey also included questions on stalking, sexual harassment, and the role played by new technologies in women's experiences of abuse. In addition, it asked about their experiences of violence in childhood. Based on the detailed findings, FRA suggests courses of action in different areas that are touched by violence against women and go beyond the narrow confines of criminal law, ranging from employment and health to the medium of new technologies."--Editor.
Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.
A health-care provider is likely to be the first professional contact for survivors of intimate partner violence or sexual assault. Evidence suggests that women who have been subjected to violence seek health care more often than non-abused women, even if they do not disclose the associated violence. They also identify health-care providers as the professionals they would most trust with disclosure of abuse. These guidelines are an unprecedented effort to equip healthcare providers with evidence-based guidance as to how to respond to intimate partner violence and sexual violence against women. They also provide advice for policy makers, encouraging better coordination and funding of services, and greater attention to responding to sexual violence and partner violence within training programmes for health care providers. The guidelines are based on systematic reviews of the evidence, and cover: 1. identification and clinical care for intimate partner violence 2. clinical care for sexual assault 3. training relating to intimate partner violence and sexual assault against women 4. policy and programmatic approaches to delivering services 5. mandatory reporting of intimate partner violence. The guidelines aim to raise awareness of violence against women among health-care providers and policy-makers, so that they better understand the need for an appropriate health-sector response. They provide standards that can form the basis for national guidelines, and for integrating these issues into health-care provider education.
Marital Rape is the first book to examine rape in marriage as a global problem affecting millions of women. While legal and cultural conceptions of marital rape vary widely -- from criminal assault to wifely duty -- the authors document that forced sex undermines the physical and psychological well-being of women in all cultures.
Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Rape in marriage is a global problem affecting millions of women -- it is still legal in many countries and was only criminalized in all U.S. states in 1993. In much of the world, marital rape is too often understood as an oxymoron due to the fact that the ideology of permanent consent underlies the legal and cultural definitions of sex in marriage. From Vietnam to Guatemala to South Africa and beyond, this volume examines how cultural, legal, public health, and human rights policies and practices impact intimate partner violence. While legal and cultural conceptions of marital rape vary widely -- from criminal assault to wifely duty -- this volume offers evidence from different societies that forced sex undermines the physical and psychological well-being of the women who experience it, regardless of their cultural context. Globally, the nature of marriage is changing and so are notions of individual choice, love, intimacy, and rigid gender roles. Marital Rape documents wide ranging and fluid understandings of sex, consent, and rape in marriage; such an array of perspectives demands an international and interdisciplinary approach to the study of sex and gender-based violence. This text brings together an international group of scholars from the fields of anthropology, sociology, criminology, law, public health, and human rights; their work points to the importance of understanding the lived experience of sexual violence for the design of effective and culturally sensitive public policy and practice.
The phrase marital rape not only refers to rape but also indicates how a marriage, where the husband and wife are expected to live together for the rest of their lives and have complete faith in one another, violates one’s right to life and dignity. Our culture has been raging about how a wife should keep her husband happy to discourage him from looking for or engaging in other illicit relationships with women since the beginning. But if he does, our culture suddenly rises up to defend the husband’s actions. By criticizing women for failing to give males the caring, love, attention, mental, emotional, and particularly physical support they need. Among the most horrifying crimes is Marital rape a crime that is committed not only in India but across the entire world. Marital rape is not a lesser crime than rape or we can address it as a subtype of rape. Married women are in most of the cases the greatest victims of marital rape. One of the biggest threats to India’s gender justice system is posed by it. It is one of those societal illnesses that has been in India since ancient times and still has a negative impact on society. Indian society has never had a bad attitude about marital rape. It is rarely opposed by anyone in Indian society for a variety of reasons. The Indian legislative position is similar in this regard. In order to ensure the security, the Indian Constitution has given the Indian government the most arduous task of creating legislation. The security of the country’s overall prosperity in this context is given into the hands of the legislature which is however, is not particularly interested in ending marital rape which it very evident because they tend to delineate an extremely casual approach when it comes to marital rape. Although the Indian judiciary expresses some hope in this regard, it is limited by the fact that the legislature, not the court, is solely in charge of passing laws. There are no effective laws in India yet that will prevent marital rape. Whatever regulations exist in India, they are insufficient to stop a horrible crime like marital rape. India needs to enact some strict legislation to stop marital rape.
International Approaches to Rape gives an overview of rape law and policy in nine different countries, including the United States and Canada. Many governments have begun to take rape more seriously than in the past and have started to implement wide-ranging reforms; this book describes those reforms and assesses the degree to which they have been successful. Introducing readers to various national perspectives on rape, the contributors outline a comparative approach that highlights the similarities and differences between countries, contexts, laws, issues, policies, and interventions.