The purpose of this thesis is to come to an understanding of the reasoning behind the enactments of Sweden's Sex Purchase law and Canada's Bill C-36. Furthermore, to discuss how the two legislations regarding prostitution have changed the protection for women in the sex industry. The methods used in this study is a Comparative Method, specifically, a Most Similar System Design, and an Argumentation Analysis. These methods are used in conjunction with three theories — History of Prostitution Models, Sociology of Law, and the Paradoxes of Rights. The result of the analysis shows that Canada's Bill C-36 is based on conservative reasoning with a focus on the abolishment of prostitution. The Swedish Sex Purchase law focuses on the criminalization of the purchase of sexual services instead of the seller. They reason that by shifting the responsibility on the purchaser, social norms and stigma regarding sex workers will change.

No description available.

University of Macau / Faculty of Law

In an attempt to eradicate biases in substantive law and evidentiary procedures, legislative changes were implemented for sexual offences in 1983. Historically, biases in rape law had resulted in high attrition of cases at each stage of criminal justice processing, low conviction rates, and poor treatment of victims. The new legislation, which included the introduction of the offence 'sexual assault', was designed to emphasize the violent nature of sexual aggression rather than the sexual nature.<p> Law reform, however, is influenced by the response of the criminal justice personnel who must implement the new legislation. Judges are critical personnel within this framework because they both implement the reform in individual court cases and interpret the meaning of the new law. It is critical, therefore, to examine judicial understanding of the social, political, and economic meaning of the law, and more specifically, to examine their understanding of the nature of sexual violence.<p> Using a content analysis of 109 'remarks at sentencing', this study examines the impact of the 1983 reform on judicial definitions of sexual violence. The sentencing 'transcripts' are drawn from 66 sexual offence cases heard at the Court of Appeal for Saskatchewan between 1975-1988. Transcripts are analyzed for the absence or presence of references to each of 9 themes (violence, coercion, physical impact of the offence on the victim, psychological impact of the offence on the victim, breach of trust, the significance of penetration, the accused's criminal history, the role of alcohol or drug abuse, and the accused's control over his sexual drive). Each theme reflects an influential variable in judicial decision-making concerning sexual offences.<p> The results of the study indicated that since 1983,frequently and suggest that judges are attempting to reflect the 3 tier classification of sexual assault outlined in the new legislation. At the same time, however, judicial definitions of these variables continue to reflect stereotypes and myths associated with sexual violence. Judicial responses to sexual violence tend to minimize the culpability of sexual offenders and to minimize the seriousness of the offence. One of the most significant findings was that the 'sexual' element continues to dominate judicial definitions of sexual aggression rather than the 'violent' element. This emphasis implies that 'coercive' sexual acts have the same sexual character as 'consensual' sexual acts.<p> It appears, therefore, that the reform has been unsuccessful in meeting its objectives at the judicial level. However, the small change which has occurred may lay the groundwork for further change in the future.

University of Macau / Faculty of Law

In an attempt to eradicate biases in substantive law and evidentiary procedures, legislative changes were implemented for sexual offences in 1983. Historically, biases in rape law had resulted in high attrition of cases at each stage of criminal justice processing, low conviction rates, and poor treatment of victims. The new legislation, which included the introduction of the offence 'sexual assault', was designed to emphasize the violent nature of sexual aggression rather than the sexual nature.<p> Law reform, however, is influenced by the response of the criminal justice personnel who must implement the new legislation. Judges are critical personnel within this framework because they both implement the reform in individual court cases and interpret the meaning of the new law. It is critical, therefore, to examine judicial understanding of the social, political, and economic meaning of the law, and more specifically, to examine their understanding of the nature of sexual violence.<p> Using a content analysis of 109 'remarks at sentencing', this study examines the impact of the 1983 reform on judicial definitions of sexual violence. The sentencing 'transcripts' are drawn from 66 sexual offence cases heard at the Court of Appeal for Saskatchewan between 1975-1988. Transcripts are analyzed for the absence or presence of references to each of 9 themes (violence, coercion, physical impact of the offence on the victim, psychological impact of the offence on the victim, breach of trust, the significance of penetration, the accused's criminal history, the role of alcohol or drug abuse, and the accused's control over his sexual drive). Each theme reflects an influential variable in judicial decision-making concerning sexual offences.<p> The results of the study indicated that since 1983,frequently and suggest that judges are attempting to reflect the 3 tier classification of sexual assault outlined in the new legislation. At the same time, however, judicial definitions of these variables continue to reflect stereotypes and myths associated with sexual violence. Judicial responses to sexual violence tend to minimize the culpability of sexual offenders and to minimize the seriousness of the offence. One of the most significant findings was that the 'sexual' element continues to dominate judicial definitions of sexual aggression rather than the 'violent' element. This emphasis implies that 'coercive' sexual acts have the same sexual character as 'consensual' sexual acts.<p> It appears, therefore, that the reform has been unsuccessful in meeting its objectives at the judicial level. However, the small change which has occurred may lay the groundwork for further change in the future.

Gender reassignment procedures are performed for the treatment of the gender dysphoria syndrome (transsexualism). Although this modality of treatment is therapeutic in nature and therefore not contra bonos mores, the legal status of the post-operative transsexual remains that of his/her previous sex. The purpose of the gender reassignment procedures is that of acceptance within the community as a person of the sex indicated by his/her changed appearance. Nothing will be achieved by the successful completion of treatment if the person's changed sexual appearance is not recognised by the law as a change in sexual status as well. The law, by keeping aloof of the problem of the post-operative transsexual, has created a legal "vacuum" where there is social and judicial acceptance of reassignment procedures, but a refusal to give legal effect to the change in status that the transsexual obsessively desires and the operation simulates. This work will analyse the medical issues associated with gender reassignment procedures. The legal status of the transsexual after reassignment procedures will be explored, and in doing so, the human rights violations with which such people have to contend, will be highlighted. The constitutionality of the lack of a legal recognition of the post-operative transsexual's sexual status will be examined. It will be shown that there are compelling reasons for legislation to be introduced as a matter of urgency to safeguard the fundamental rights of the post-operative transsexual. / Thesis (LL.M.)-University of Natal, 2000.

No description available.

This thesis makes a unique contribution in exploring the relationship between international legal commitments and women's poverty. Three normative arguments underpin this thesis. First, that poverty is a gender-based phenomenon. Second, that gender-based poverty is a obstacle to human rights. Third, if the promise of human rights is to be realised for all people it is necessary to move gender-based poverty into the realm of international human rights law. The ideal place to theorise on the relationship between human rights and gender-based poverty is CEDAW. Notwithstanding that CEDAW addresses civil, political, economic, social and cultural rights and negative cultural attitudes on women, there is no substantive provision in CEDAW requiring State to ameliorate gender-based poverty. The first part of my thesis argues that this gap can be overcome by an evolutionary interpretation of CEDAW. I make the argument, that equality and non-discrimination, two norms that permeate all of CEDAW, can be interpreted to incorporate the harms of gender-based poverty comprehensively into the treaty framework. I use public international law interpretative framework and the Committee's own work to demonstrate that the commitment to eliminating discrimination against women and achieving gender equality in CEDAW necessarily requires State to respect, protect and fulfill the human rights of women in poverty. The second part of thesis shifts to examine how this interpretation can be integrated into the work of the Committee. To ensure a coherent and comprehensive approach to gender-based poverty that is consistent with my proposed interpretation of CEDAW in I propose: (i) modifications to the State reporting guidelines and (ii) a comprehensive General Recommendation on women and poverty. This thesis lays the necessary theoretical and practical groundwork so that the Committee and other relevant national and international actors can hold States accountable for women in poverty's human rights.

Child sex tourism is tourism organised with the primary purpose of facilitating a commercial sexual relationship with a child. It involves a segment of the local child sex industry that is directly connected to both an international and domestic tourist market. The increase of tourism has brought with it complications in that tourism is being used as a means for sex tourists to initiate contact with children. Aside from child sex tourists who are paedophiles, there are those who engage in the opportunistic exploitation of children while travelling on business or for other reasons. There are a number of social and economic factors leading to child sex tourism and the effect is that child victims are exposed to immediate harm, irreversible damage and even death. As South Africa's tourism industry expands into one of the country’s top earners of foreign currency, it is unfortunate to note that its child sex tourist trade is also on the increase. Reports show that sex tours are as easily organised as wine route tours in Cape Town. Commercial sexual exploitation of children is prevalent in South Africa and has become more organised in recent years. A comprehensive response to the problem is essential to ensure that South Africa does not become a “safe haven” for child sex tourists. Effective laws at home and the extraterritorial application of these laws to prosecute South African nationals for crimes committed abroad are imperative. Significant steps are being taken both nationally and internationally to target child sex tourism. South Africa has ratified several international instruments on children’s rights, trafficking in persons, child labour, and discrimination against women and young girls, all of which relate to child sex tourism. In doing so, South Africa has made an international commitment to uphold the provisions of these instruments and give effect to them. South Africa is therefore under an international obligation to create the necessary structures and apply mechanisms and resources to combat child sex tourism.