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children’s rights

Penal Code Chapter 7:01, Chapter XVI: Offences relating to marriage and domestic obligations

Section 161 prohibits willfully and fraudulently deceiving a woman into think she is lawfully married in order to cohabitate or have sexual intercourse with her. The offence is punishable by 10 years of imprisonment. Bigamy is an offence punishable by five years of imprisonment, but remarriage is permitted where a spouse has been absent from the house for at least seven years (Section 162).

Prohibition on Prostitution Consumption Law of 2020

The Prohibition on Prostitution Consumption Law aims at reducing sex work by banning its consumption as part of an integrated process, which also includes education and explanation to the public and the expansion of treatment and rehabilitation for people in sex work. The law determines the administrative offense of “consumption of prostitution” that any person who pays for or attempts to pay for sex is breaking the law and may be fined a fine of 2,000 NIS. For a repeat offence, the fine is doubled to 4,000 NIS.

R. v. Biliati

The 33-year-old defendant pled guilty and was sentenced to 10 years’ imprisonment by a First Grade Magistrate for defilement after luring a nine-year old girl to his house and raping her. Subsequent medical examinations revealed that the defendant was HIV-positive, as well as injuries and other evidence of the crime on the victim, who did not contract HIV. The State appealed the sentence, arguing that it was insufficient due to the nature of the crime.

Rampi v. Rampi

The applicant was separated in her marriage and sought to regain custody of the child she had lost to her husband, the respondent. A lower court granted the respondent custody of the child on the grounds that he had paid lobola to marry the applicant and customary law therefore entitled him to the child. After delaying to comply with the court’s order and attempting to seek relief from another court, the applicant was found guilty of contempt for fighting to keep her child. She was sentenced to five working days in civil prison.

Regime Jurídico do Trabalho Doméstico e de Proteção Social do Trabalhador de Serviço Doméstico – Decreto Presidencial Nº 155/16 (Legal Regime of Domestic Work and Social Protection)

The decree approved the Legal Regime of Domestic Work and Social Protection in August 2017. This instrument is aimed at protecting and formalizing domestic work in Angola, the majority of which is performed by women. It defines domestic work and sets out, among other legal protections, 1) the rights and obligations for both employers and employees, 2) the form of work contract, including for termination and suspension, and 3) dispositions on remuneration.

Sexual Offences (Jurisdiction) Act 1996

The 1996 Act targets sex tourism.  It provides that, where an Irish citizen or a person “ordinarily resident” in Ireland (a) commits an act in another country involving a child (person under the age of 17), and (b) the act constitutes an offence under the law of that country and would constitute an offence in Ireland, then the person will be guilty of the offense under Irish law (Section 2(2)).  Other offences include attempted offences (Section 2(3)); procuring, aiding or abetting, and conspiring in an offence (Sections 2(4)–2(6)); transporting persons to enable such offences (Se

Summary Offences Act (as amended through 2000)

The Summary Offences Act includes provisions that protect the rights of children and women. Part 1 Section 5 states that assault or battery of a male child under 18 years of age, or of a woman, is an aggravated nature crime and can be punished by up to six months imprisonment rather than the three months proscribed for non-aggravated assault. Part 1 Section 45 states that the husband who refuses or neglects to provide support, by labor or other lawful means, to his wife or child may be deemed an idle and disorderly person and be liable for a fine and/or imprisonment of up to one month.

Toulouse Cour d’Appel, 9 Fevrier 2022, No. 20/03128

With this decision, the Toulouse Court of Appeal held that a transgender woman had the right to be designated as the mother of her child when she had conceived the child before undergoing gender affirmation surgery. V., the claimant, and N.D. married and had two children. In 2009, V. successfully applied to change her civil status from male to female. She conceived the child that was the subject of these proceedings in 2014. She sought to be registered as the child’s mother, as opposed to as a surrogate, but the civil register refused.

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