scholarly journals Why Sexual Assault in Intimate Relationships Must be Criminalized as Required by International Human Rights Law: A Response to the Symposium Comments

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 342-347
Author(s):  
Melanie Randall ◽  
Vasanthi Venkatesh
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Marital Rape ◽  
International Human Rights ◽  
State Action ◽  
International Human ◽  
Women Rights

Ending the marital rape exemption in criminal law is a demand for legal equality and autonomy for women, rights that are enshrined in international human rights law. Drawing on international human rights law as a source of authority for challenging the marital rape exception in criminal law allows feminist and other social justice organizations, within their specific national and local contexts, to seek greater state action and accountability toward ending this form of violence against women and this violation of women’s human rights. In this reply, we challenge the arguments in the symposium that oppose or caution against criminalizing sexual violence in intimate relationships as a necessary legal strategy, and that refute our view that ending the marital rape exemption is required by international human rights law.

scholarly journals THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Procedures ◽  
Made In

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

scholarly journals HUMAN RIGHTS PERSPECTIVES ON ISSUES IN THE IMPLEMENTATION OF ISLAMIC CRIMINAL LAW IN MALAYSIA

2019 ◽  
Vol 4 (1) ◽  
pp. 67-74
Author(s):  
MOHD HISHAM MOHD KAMAL
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Philosophy Of Nature ◽  
International Human Rights ◽  
Time Period ◽  
International Human

 This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.

Marriage: A Get Out of Jail Free Card?

2020 ◽  
Vol 34 (2) ◽  
pp. 168-190
Author(s):  
Siane Richardson
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Sexual Offenders ◽  
Intimate Relationships ◽  
Sexual Offending ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Sexual Offences ◽  
International Human Rights ◽  
International Human

Abstract Marital rape is a particularly heinous form of sexual violence that occurs within intimate relationships. However, throughout much of the world, the marriage contract affords legal immunity to marital partners who would otherwise be convicted as sexual offenders. By reviewing the laws of the Commonwealth jurisdictions, this research highlights the necessity for reform in many jurisdictions that continue to allow for marital exemptions to sexual offending. This review identified three main forms of marital exemption, that is the general marital exemption to the primary sexual offence, the creation of spousal-specific sexual offences, and the use of marital exemptions to remove or reduce liability for sexual offences involving minors. The operation of these marital exemptions is then considered in the context of international human rights law and its prohibition on sexual violence within intimate relationships. An analysis of the jurisprudence surrounding Article 2 of CEDAW, Article 19 of the CRC and the prohibition of torture informs the argument that international human rights law requires the prohibition of marital exemptions to sexual offending throughout the Commonwealth nations. Marital exemptions continue to afford sexual offending with impunity across many Commonwealth jurisdictions in breach of the international human rights obligations of those nations and reform should occur in order to uphold the rights of sexual violence survivors.

scholarly journals Zero-Tolerance Comes to International Law

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 337-341 ◽  
Author(s):  
Aya Gruber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Violence Against Women ◽  
Zero Tolerance ◽  
Theoretical Perspective ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Marital Rape ◽  
International Human Rights ◽  
International Human

It is difficult to engage from a theoretical perspective an advocacy piece that largely reads like a brief in favor of particular claim of law, namely, that a state’s failure to (vigorously) criminalize marital rape violates international human rights law. In a brief, the litigant pulls together various sources to prove the legal claim is correct. Opponents typically respond by cobbling together their own sources to undermine that claim. In their essay, Criminalizing Sexual Violence Against Women in Intimate Relationships, Randall and Venkatesh set out to prove that international human rights law, in fact, requires states to criminalize marital rape. I suspect there are international lawyers who can persuasively argue that international human rights law does not, in fact, require such criminalization.

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