International legal standards and regulation of criminal liability for attacks on sexual inviolability in foreign countries
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
The purpose of this article is a comprehensive description of international legal standards and foreign experience in the regulation of attacks on sexual inviolability of a person. The text of the article is divided into two major sections: the international legal standards for the protection of the sexual inviolability, the regulation of criminal liability for attacks on sexual invi- olability in foreign countries. These parts are interconnected due to the fact that almost all states, which are discussed in this paper, are State Parties to the respective international legal instruments, they have implemented the relevant provisions into the national criminal legislation and can have a positive experience that can be used in our research. The need for special protection of children was first declared in the Geneva Declaration of the Rights of the Child from 1924 and after that it was confirmed in the Universal Declaration of Human Rights from 1948, the Declaration of Rights of the Child from 1959 and was enshrined in the International Covenant on Economic, Social and Cultural Rights (Art. 10), the International Covenant on Civil and Political Rights (articles 23 and 24), the Convention on the Rights of the Child from 1989 (articles 1-41). Analysis of the criminal legislation of foreign countries in the article is structured into three groups: the criminal legisla- tion of the continental Europe countries; the USA criminal legislation and the criminal legislation of other countries. It is stated that in general the criminal legislation of foreign countries accepted the recommendations of international legal instruments in the sphere of sexual inviolability of a person against sexual assault. Alongside, it should be recognized the way of regulation of socially dangerous acts causing harm to sexual inviolability of a person depends significantly on the moral, cultural and historical factors of the criminal law formation in general.
Authors and Affiliations
Г. Я. МАРТИНИШИН
Keywords
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