scholarly journals The rape law revision in Denmark: Consent or voluntariness as the key criterion?

2021 ◽  
Vol 8 (2) ◽  
pp. 28
Author(s):  
Jørn Vestergaard
Keyword(s):  
Political Support ◽  
Self Determination ◽  
Law Reform ◽  
Reform Process ◽  
Psychological Violence ◽  
Demarcation Line ◽  
Rape Law ◽  
Legal Implications ◽  
Run Up ◽  
The Right

The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of the appropriate terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse. 

scholarly journals Filipino Muslims and Issues of Governance in the Philippines: Some Thoughts by a Local Practitioner

ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 145-155
Author(s):  
Datu Michael O. Mastura
Keyword(s):  
Political Culture ◽  
International Law ◽  
The Philippines ◽  
Self Determination ◽  
Law Reform ◽  
Peace Negotiations ◽  
Nation States ◽  
The Government ◽  
The Right ◽  
Constitutional Regime

This article adopts the general theme of governance to provide an institutional framework for law reform and constitutional regime. To look into the political culture and religion of Filipinos is to ask why there is much reliance on law with an internal dynamics of hostility to all things religious in public life. The author employs the democracy argument to raise asymmetrical issues in a constitutional regime within the context of ‘the national state’ rather than problematise it as a majority versus minority relation. This makes it possible, for instance, to consider the Bangsamoro in the Philippines as a ‘people’ in legal terms and in reference to ‘state-nations’ instead of ‘nation-states’. The author also treats the dimension of international law regarding the right to self-determination with respect to the current peace negotiations between the government of the Philippines and armed non-state actors (MILF and MNLF). One might not necessarily agree with all that is stated in this contribution, which is intended to be an essay rather than a scholarly paper, but, nevertheless, it grants some insights into the mindset of contemporary Muslims in the Philippines.

scholarly journals ‘Freedom from all forms of violence’: Using Zimbabwe’s new Constitution to encourage rape law reform

2016 ◽  
Author(s):  
Douglas Coltart
Keyword(s):  
South African ◽  
Sexual Offenders ◽  
Law Reform ◽  
Rape Survivors ◽  
Rape Law ◽  
Definition Of ◽  
The Right ◽  
Political Weapon ◽  
Forms Of Violence ◽  
The Impact

The right to ‘freedom from all forms of violence from public or private sources’, enshrined in Zimbabwe’s new Constitution, could have a significant impact on efforts to end violence against women (VAW) in the country. The right is particularly relevant in the Zimbabwean context where VAW occurs in a range of settings, from the most intimate of relationships in the home to the state’s use of rape as a political weapon. One way in which the state can fulfil its duty to address VAW is through the reform of the country’s rape law. With comparative reference to the impact of the right to freedom from violence in South African law, this article discusses three areas of Zimbabwean law that present potential obstacles to achieving justice for rape survivors: the definition of the rime of rape, the abolished but tenacious cautionary rule, and the sentencing of sexual offenders.

Suicidal Ideation and Self-Determination in Institutionalized Elderly

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  
Keyword(s):  
Self Determination ◽  
Current Debate ◽  
Elderly Persons ◽  
Rational Suicide ◽  
Institutionalized Elderly ◽  
Significant Difference ◽  
Social Subscale ◽  
Civil Status ◽  
The Right ◽  
Taking Action

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

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