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clarified. The Supreme Court of Nepal directive orders
which require a review the existing law regarding
extending the time limitation for the reporting of the
sexual offences should be followed.
Policy: No national policy directly addresses rape.
Moving forward: Strategies and mechanisms to punish
perpetrators and to assist women and children to
resist rape need to be incorporated into a national
policy for the protection of women and children.
ABUSE OF CONFIDENTALITY AND PRIVACY
Legislation: The Interim Constitution of Nepal 2007 guarantees
the right to privacy as a fundamental right. The Human Trafficking
and Transportation (Control) Act 2007 penalizes the publication
of a victim’s name, picture or any statement adverse to his/her
character without the prior approval of the victim. The Code
of Conduct for Journalists requires journalists to maintain
confidentiality, whereas the Code of Ethics of the Nepal Medical
Council states that medical practitioners must respect the
confidentiality of patients’ information disclosed to them. The
Safe Abortion Service Procedure 2003 ensures the confidentiality
of women seeking abortion services. In a recent case, 154 the
Supreme Court issued a directive order to enact appropriate
laws to protect confidentiality of women and children and
other parties of the case in the sensitive cases like violence,
HIV infection, sexual offences, or other cases which the court
trying the offence deems appropriate. At the same time, the
Human Trafficking Act 2007 allows police to ‘enter into…such
house, land, place or vehicle’ without warrant should they
deem an offence has been committed, and the right of privacy
is thus open to abuse.
Moving forward: Although there are adequate laws
to protect the confidentiality and privacy of
entertainment workers, implementation of those laws
– particularly the abuse of privacy by the media – has
been insufficient. The section in the Human Trafficking
Act 2007 which allows police to enter private dwellings
without a warrant should be reviewed.
Policy: There are no provisions in policy which provide clear
strategies, mechanisms and responsibilities to enforce existing
laws which protect rights to confidentiality and privacy.
Moving forward: A national plan of action for the
protection of women and children should identify
confidentiality and privacy as key protection issues.
This plan should indicate the means by which legislation
can be implemented to ensure that these rights are
respected, particularly in regard to disclosure of identity
by the media, and the invasion of personal privacy by
the police without adequate cause.
SINGLE WOMEN ISSUES
Legislation: Entertainment workers are predominantly single
women, many of whom have been abandoned by their husbands.
Article 35(9) of the Interim Constitution of Nepal specifically
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