Analysis of marital rape in Ethiopia in the context of international human rights

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of vic...

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Main Author: Hiwot Demissew Meshesha
Other Authors: Mooki, Mmatsie
Format: Others
Language:en
Published: 2015
Subjects:
Online Access:Hiwot Demissew Meshesha (2014) Analysis of marital rape in Ethiopia in the context of international human rights, University of South Africa, Pretoria, <http://hdl.handle.net/10500/19684>
http://hdl.handle.net/10500/19684
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spelling ndltd-netd.ac.za-oai-union.ndltd.org-unisa-oai-umkn-dsp01.int.unisa.ac.za-10500-196842016-04-16T04:08:56Z Analysis of marital rape in Ethiopia in the context of international human rights Hiwot Demissew Meshesha Mooki, Mmatsie Marital rape Partner rape Intimate partner violence Spousal rape Violence against women Domestic violence Sexual assault within marriage Rape 342.878063 Rape in marriage -- Law and legislation -- Ethiopia Women -- Violence against -- Law and legislation -- Ethiopia Domestic violence -- Ethiopia Wife abuse -- Law and legislation -- Ethiopia Marital violence -- Law and legislation -- Ethiopia This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. Public, Constitutional, and International Law LLM 2015-11-13T10:22:07Z 2015-11-13T10:22:07Z 2014-10 Dissertation Hiwot Demissew Meshesha (2014) Analysis of marital rape in Ethiopia in the context of international human rights, University of South Africa, Pretoria, <http://hdl.handle.net/10500/19684> http://hdl.handle.net/10500/19684 en 1 online resource (xiii, 71 leaves)
collection NDLTD
language en
format Others
sources NDLTD
topic Marital rape
Partner rape
Intimate partner violence
Spousal rape
Violence against women
Domestic violence
Sexual assault within marriage
Rape
342.878063
Rape in marriage -- Law and legislation -- Ethiopia
Women -- Violence against -- Law and legislation -- Ethiopia
Domestic violence -- Ethiopia
Wife abuse -- Law and legislation -- Ethiopia
Marital violence -- Law and legislation -- Ethiopia
spellingShingle Marital rape
Partner rape
Intimate partner violence
Spousal rape
Violence against women
Domestic violence
Sexual assault within marriage
Rape
342.878063
Rape in marriage -- Law and legislation -- Ethiopia
Women -- Violence against -- Law and legislation -- Ethiopia
Domestic violence -- Ethiopia
Wife abuse -- Law and legislation -- Ethiopia
Marital violence -- Law and legislation -- Ethiopia
Hiwot Demissew Meshesha
Analysis of marital rape in Ethiopia in the context of international human rights
description This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. === Public, Constitutional, and International Law === LLM
author2 Mooki, Mmatsie
author_facet Mooki, Mmatsie
Hiwot Demissew Meshesha
author Hiwot Demissew Meshesha
author_sort Hiwot Demissew Meshesha
title Analysis of marital rape in Ethiopia in the context of international human rights
title_short Analysis of marital rape in Ethiopia in the context of international human rights
title_full Analysis of marital rape in Ethiopia in the context of international human rights
title_fullStr Analysis of marital rape in Ethiopia in the context of international human rights
title_full_unstemmed Analysis of marital rape in Ethiopia in the context of international human rights
title_sort analysis of marital rape in ethiopia in the context of international human rights
publishDate 2015
url Hiwot Demissew Meshesha (2014) Analysis of marital rape in Ethiopia in the context of international human rights, University of South Africa, Pretoria, <http://hdl.handle.net/10500/19684>
http://hdl.handle.net/10500/19684
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