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English - CEDAW Southeast Asia

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<strong>CEDAW</strong> and the Law:<br />

114<br />

the perpetrator of ill-treatment will be prosecuted for murder, intentionally inflicting injury or<br />

forcing suicide (that is, Articles 104, 93 and 100 of the Penal Code).<br />

Rape and other forms of sexual assault<br />

Articles 111-116 of the Penal Code punish rape, rape against children, forcible sexual intercourse,<br />

forcible sexual intercourse with children, having sexual intercourse with children, and<br />

obscenity against children. See Indicators 24 and 25.<br />

Spreading HIV to other persons<br />

Article 117 of the Penal Code states that those who know that they are infected with HIV and<br />

intentionally spread the disease to other persons will be sentenced from one to three years<br />

imprisonment.<br />

Intentionally spreading HIV to other persons<br />

Article 118 of the Penal Code penalizes those who intentionally spread the disease to others<br />

in cases other than those under Article 117.<br />

Trafficking in women and exploitation of prostitution<br />

See Part V.4.3.<br />

Humiliating other persons<br />

Article 121 of the Penal Code states that those who seriously infringe upon the dignity or honour<br />

of other persons will be subject to warning, non-custodial reform for up to two years, or a<br />

prison term of between three months and two years.<br />

Slander<br />

Article 122 of the Penal Code states that those who trump up or spread stories knowing them<br />

to be fabricated to infringe the honour or damage the legitimate rights and interests of other<br />

persons, or make up a story that other persons commit crimes and denounce them before the<br />

competent agencies, will be penalized. The imposable penalty is increased when particular circumstances<br />

are present, such as when committed against a grandfather, grandmother, father<br />

or mother.<br />

Organizing underage marriage, entering into underage marriage<br />

Article 148 of the Penal Code states that those who commit the following acts, or have already<br />

administratively sanctioned or such acts but repeat their violation, will be subject to warning,<br />

non-custodial reform for up to two years, or a prison term of between three months and two<br />

years: (a) organizing marriage of under age persons; and (b) deliberately maintaining the illegal<br />

conjugal relationship with underage persons (though the court has already decided the termination<br />

of such relationship).<br />

Forcible marriage, prevention of voluntary and progressive marriage<br />

Article 146 of the Penal Code states that those who force other persons into marriage against<br />

their will, or prevent other persons from entering into marriage or maintaining voluntary and<br />

progressive marriage, through persecution, ill-treatment, metal intimidation, property claim or<br />

other means, or who have already been administratively sanctioned for such acts but repeat<br />

their violation, will be subject to warning, non-custodial reform for up to three years, or a prison<br />

term of between three months and three years.<br />

Review of key legal documents and compliance with <strong>CEDAW</strong>

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