婚内强奸是对埃塞俄比亚妇女人权的侵犯——以亚的斯亚贝巴大学法学院校友会和埃塞俄比亚女律师协会为例

Kebkab Sirgew
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摘要

摘要:最初,婚内强奸的概念是一种法律上的无效,类似于无法窃取自己已经拥有的东西。许多人为婚内强奸不被认定为犯罪辩护。辩方的主张是,丈夫和妻子的行为是双方同意的,妻子在丈夫之外没有单独的权利;丈夫对妻子的行为负有法律责任,这使得一个男人不太可能站在法庭上声称他强奸了妻子。在法律豁免和社会对家庭隐私的认可的支持下,婚内强奸反映了家庭中的权力和地位,尽管遭受痛苦,但对妇女来说,谈论婚内强奸仍然是禁忌。本文对妇女在家庭隐私的面纱下所面临的挑战进行了评估,并探讨了在这一领域建立保护的可能机制。简而言之,研究结果表明,60%的受访者是婚内强奸的受害者。因此,本文提出了具体的建议,呼吁法律系统从法律角度解决问题,学术机构从事学术研究和组织高级法律对话,以及民间社会组织在基层开展提高认识的工作。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Marital Rape as a Human Rights Violation of Women in Ethiopia: A Case Study of Alumni Association of the Faculty of Law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA)
Abstract:Initially, the concept of marital rape was a legal nullity analogous to the inability to steal what one already owns. Many defended for the exemption of marital rape from being recognized as a crime. The defense came under the assertion that a husband and a wife acted in consent and the wife had no separate rights apart from her husband; the husband was legally responsible for his wife’s conduct, which made it unlikely for a man to stand in court alleging that he had raped her. A reflection of power and position in the household fully supported with the legal exemption and societal approval of family privacy, marital rape remained a taboo for women to talk about despite their sufferings. This paper undergoes an assessment of the challenges women go through in the veil of family privacy and explores the possible mechanisms that can be set to avail protection in the area. In a nutshell, the findings of the research demonstrate that 60% of respondents were victims of marital rape. This piece thus puts forward concrete recommendations that call for the attention of the legal system in terms of resolving the issue from a legal point of view, academic institutions in engaging in scholarly research and organizing high legal dialogues, and awareness raising work by civil society organizations working at the grass root level.
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