engleski

Rape: Does International Human Rights Law Adequatelly Protects the Dignity of Women?

While rape has long been thought of as a prime example of a violation of human dignity, it has only recently started to be conceptualised as a human rights violation. The article analyses the international human rights jurisprudence on rape, assessing whether it adequately protects human dignity of women. In particular, the article examines how rape has been classified in the international human rights jurisprudence and what obligations have been imposed on states to ensure respect for the dignity of women. While acknowledging significant contributions in setting the standard of protection of women’s dignity, the article criticises the failure of the mainstream human rights bodies to conceptualise rape as a form of sex discrimination, as well as their gendered application of the public/private divide and occasional reference to family integrity and morals. The article argues that rape is a severe violation of human dignity regardless of whether it has been committed by a private individual or a state actor, which violates the right to be free from torture, the right to private life and the right to equality and freedom from discrimination.

silovanje, dostojanstvo

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