INCEST: Murder of the Soul: Chapter One
• The right to liberty and security of person;
• The right to equal protection under the law;
• The right to equality in the family;
• The right to the highest standard attainable of physical and mental health.
4. Universal Declaration of Human Rights (UDHR), 1948:
Through the UDHR, the General Assembly of the United Nations aimed to promote and
enhance respect for rights and freedoms and for appropriate measures for that purpose
to be taken at the national and international levels among the peoples of the member
states. The General Assembly, in accordance with its Resolution No. 52\86 (December
12, 1997) and especially in its Annex, emphasized the “Model Strategies and Practical
Measures on the Elimination of Violence against Women in the Field of Crime Prevention
and Criminal Justice”.
The General Assembly also stressed to states the importance of and need for reviewing,
evaluating, and thoroughly studying the laws, codes and procedures of criminal justice.
Emphasis was especially made in regard to states’ criminal laws’ capacity to guarantee
effectiveness in eliminating violence against women and removing provisions that allow
for or condone violence against women, but enable women subjected to violence to
testify in criminal proceedings through adequate measures that facilitate such testimony
by protecting their privacy. There was also concern to ensure that rules and principles
of defense do not discriminate against women, and are able to bring perpetrators of
violence against women to justice without allowing them to escape criminal liability by
invoking an ‘honor’ or ‘provocation’ defense, and do not exempt perpetrators of violence
against women from criminal liability on the grounds that the crimes were committed
unintentionally or under the influence of alcohol or drugs. It also urged them to review,
evaluate and update criminal justice laws and procedures pertaining to courts’ proceedings
to ensure that they:
• Hold offenders accountable for their acts relating to violence against women;
• Put an end to violent behavior;
• Take into account the impact on victims and their family members of sentences
imposed on perpetrators;
• Provide sanctions that are identical to those imposed on crimes of other kinds of
violence;
• Ensure the right of a victim of violence to be notified of the offender’s release from
detention or imprisonment;
• Take into account, in the sentencing process, the severity of the physical and
psychological harm and the impact of victimization, including through victim
impact statements;
• Make available to the courts a full range of sentencing dispositions to protect the
victim, other affected persons and society from further violence, and to rehabilitate
the perpetrator, as appropriate.
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