International experience of accounting of the gender relations in criminal law
Journal Title: Юридические науки и образование - Year 2017, Vol 53, Issue 53
Abstract
Cultural originality, historical traditions and identity of customs, political and state system and other features of various states of the world exert huge impact on various approach of the legislator in a question of formulation of criminal precepts of law from a position of gender approach. The analysis of international documents regulating questions of application to female persons of punishments despite all democratic character of the provisions testifying about in the whole exclusive attitude towards the woman testifies, nevertheless such relation is based not on the biological nature or their sex, and caused by the social and role status of the woman in society connected with motherhood. It should be noted that from this position a priority task is protection and protection of interests not of female criminals, and first of all children. For this reason the criminal legislation of many foreign states recognizes institute of paternity as absolutely equal with motherhood on the social legal status in this connection mother of the minor child has no advantages over his father.
Authors and Affiliations
Romella Gulaliyeva
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