SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

While the Constitutions of all the research countries recognize the right to life and the right to
equality, three make specific reference to violence against women and children. Thus, Article
20 of Nepal’s Interim Constitution prohibits, “physical, mental or any other form of
violence” on women315 while Article 22 recognises the right of children “not to be subjected
to physical, mental or any other form of exploitation.” 316
Section 40(6) of the Thai Constitution, in its enumeration of rights in the judicial process
includes that, “a child, youth, woman, senior person or disabled or handicapped person shall
have the right to appropriate protection in judicial process and shall have the right to
appropriate treatment in cases relating to sexual violence.” 317 Section 52, paragraph 2 states
that “children, youth, women and family members shall have the right to receive protection
against violence and unfair treatment from the State and shall have the right to medical
treatment or rehabilitation upon the occurrence thereof.” 318
The Indonesian Constitution recognises the right of every person “to live and to defend
his/her life and existence.” 319 Article 28B(2) of the Indonesian Constitution states, “Every
child shall have the right to live, to grow, and to be protected against violence and
discrimination.” 320
5.1 Domestic/intimate partner violence
Laws relating to domestic or intimate partner violence in the research countries take different
forms. They are addressed through general family laws that include physical and mental
cruelty as a ground for divorce, general and specific criminal laws relating to murder, assault,
hurt, etc. and specific domestic violence laws that provide protection measures, civil
remedies or mechanisms of settlement. While five of the six research countries have specific
laws on domestic violence with Bangladesh still considering a bill on domestic violence,
some of the countries also have laws relating to dowry deaths.
Specific domestic violence legislation: Among the research countries, Indonesia was the first
to introduce specific legislation on domestic violence in 2004. The preamble of the Law of
the Republic of Indonesia regarding Elimination of Violence in Household 321 lays out the
considerations for the law as follows:
“a. whereas each citizen shall be entitled to get a sense of security and shall be
free of all forms of violence in accordance with the philosophy of the Pancasila
(the five basic principles of the Republic of Indonesia) and the 1945 Constitution
of the Republic of Indonesia;
b. Whereas all forms of violence, particularly violence in household, constitutes
violence against human rights and crime against human dignity as well as form of
discrimination that must be eliminated;
315 Article 20, Interim Constitution of Nepal, 2007
316 Article 22, ibid.
317 Section 40 (6), Constitution of Thailand, 2007
318 Section 52, ibid.
319 Article 28A, Constitution of Indonesia, 1945
320 Article 28B (2), ibid.
321 Number 23 of Year 2004
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