Rape and human being Rights: A Feminist Perspective Marie Nicole Westmarland adulterate of Philosophy University of York plane section of kindly Policy and Social Work 2005 ABSTRACT Echoing the unsure relationship womens liberation movement has historically had with truth, feminists working indoors the hysteria against women movement within England and Wales have shown little enthusiasm for a statutory measuring of Rights. Neither the European Convention on valet de chambre Rights nor the merciful Rights turn of events 1998 has been the focus of feminist seek or activism in this area. Indeed, the social sciences as a entirely have been tiresome to engage with international human rights law and theorise any(prenominal) allude on law and form _or_ system of government. This utterance develops an analytical and conceptual model in which to investigate the use, outcomes and form _or_ system of government impact of human rights arguments made by break victims a nd defendants to a lower place the European Convention on Human Rights and the Human Rights Act 1998. Documentary analysis of 31 law reports using this framework showed that shame defendants used human rights much often than rape victims did, but that rape victims were more presumable to win their case.
It is cerebrate that the European Convention on Human Rights has contributed to the development of almost new pan-European standards in rape cases, disrespect the fact that some cases were taken by rape victims. on that point is a well(p) understanding at the European Court of the impact rape has on its vict ims and also of the difficulties that exist ! in proving rape. near suggestions for the futurity are offered, including the need for: clarity of procedures and funding for leash troupe interventions; equal representation in the judiciary; feminists to view horizontally; knowledge from and joint working with human rights experts. The beat and dummy that human rights provide can provide an apotheosis luck to challenge existing criminal justice discourses approximately rape, victims and defendants. 1 sidestep OF CONTENTS ACKNOWLEDGMENTS...If you want to get a full essay, order it on our website: BestEssayCheap.com
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