INCEST: Murder of the Soul: Introduction
The importance of studying the crime of incest under the laws currently in force arises
from the fact that it is a crime prejudicing the right of women to physical safety and
the entity of the family as an institution based on synergy and protection, including
its exploitation of authority granted to it through law and creed. It also arises from the
comparison it draws between the role the penal code plays in the performance of the
function of legislation in general and the objectives expected from the penal code in
particular. This study is also important as it sheds light on the extent of the Palestinian
Authority’s compliance with international human rights standards.
This study is also concerned with the role of the Independent Commission for Human
Rights (ICHR) in promoting human rights in the national legislation and policies that
concurrently match the attempts of the governmental organizations and civil society
organizations to set forth a national penal code matching with the aspirations of the
Palestinian society towards a sovereign state. These laws of course need to comply
with human rights conventions, and must safeguard the rights of women in light of a
patriarchal society.
Another aim of this study to make available sufficient knowledge about the crime of
incest in terms of its elements and connection with the social sphere around it, and with
a view to illustrate the capacity of the law to meet the purposes it is enacted to realize.
It also aims to make available knowledge about the legislative mechanisms available
for putting an end to this crime and the potential for the future development of these
mechanisms to make a breakthrough in minimizing patriarchal hegemony over the family,
and empowering women to enjoy the right of equality before the law. This includes the
right to have control over their bodies and to preserve the values and ethics of the family
as a coherent unit constituting the nucleus of society.
This study is based on a qualitative research approach, using two methods to realize
its objective and answer the questions raised. These methods include analysis of the
content of the relevant laws and in-depth interviews with a number of psychiatrists and
social counselors to understand the impact of incest and its consequences on the woman,
the household and society at large. Divided into six chapters, the first chapter discusses
international human rights conventions and agreements on prohibition of sexual abuse
in the family, and the second chapter discusses the functions and objectives of the laws
and legislation. The third chapter looks into patriarchal society and violence against
women, and the fourth chapter discusses incest. The legal problems related to incest are
raised in the fifth chapter, and the final chapter reaches some conclusions and forwards
recommendations.
7