Introduction to Symposium on the International Legal Obligation to Criminalize Marital Rape
109 Am. J. Int’l L. Unbound 187 (2015) (with Carlos M. Vazquez)
2 Pages Posted: 8 May 2019
Date Written: 2015
AJIL Unbound is pleased to publish a symposium on the obligation of states under international law to criminalize marital rape. The lead essay by Melanie Randall and Vasanthi Venkatesh, Criminalizing Sexual Violence against Women in Intimate Relationships: State Obligations Under Human Rights Law, argues that international law requires the criminalization of sexual violence against women within marriage (and other intimate relationships), and that such criminalization should constitute a central element of the human rights agenda for achieving gender equality. The authors contend that the failure to criminalize sexual violence perpetrated by a husband or other intimate partner violates the rights to liberty, autonomy, self-determination, and bodily security and “creates a class of women with lesser legal rights.” According to the authors, international human rights law imposes a due diligence obligation to punish acts of violence against women even when perpetrated by private persons.This initial round of responses includes contributions by Professor Robin West of Georgetown Law and Professor Julie Goldscheid of CUNY Law School.
Suggested Citation: Suggested Citation