Introduction to Continuation of 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 second set of contributions to our 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 life, 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. We earlier published contributions by Robin West of Georgetown Law and Julie Goldsheid of CUNY Law School.We now publish four additional responses - from Fareda Banda, Michele Goodwin, Barbara Stark, and Aya Gruber - along with a reply by the authors of the lead essay.
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