Academic literature on the topic 'Women – Legal status, laws, etc. – Social aspects'

This research aims to explain the marriage of minors and to know the point of view of Islamic law and Yemeni law on this marriage, as well as to know its causes and effects. This objective was achieved through an introduction, four chapters and a conclusion. The introduction included the importance of the research, the reasons for its selection, its problem, objectives, methodology, questions, hypotheses, previous studies and research, and its divisions. The first topic included: the nature of marriage, its legitimacy and its pillars in Islamic law.. The second topic contained: the concept of marriage of minors and the reasons for its emergence in contemporary societies. The third topic came: it included the legitimate and legal vision of the marriage of minors. The fourth topic included: the effects of marriage of minors. The conclusion included: the most important findings and recommendations. The researcher followed the descriptive approach based on induction, analysis and deduction. The research came out with the most important results and recommendations as follows: 1- Studying and analyzing the causes, motives and risks of underage marriage will limit the growth of the phenomenon by spreading awareness among the members of society. 2- Educating society about the dangers, negatives, and problems of underage marriage and its effects, and activating dialogue on this matter helps limit its increasing growth and contributes to combating the ignorance that surrounds some groups of society, which pushes them to hasten to marry off their daughters. 3- Early marriage is considered one of the social problems that the Yemeni society suffers from, and the Yemeni girl suffers from it, especially in the countryside. 4- The phenomenon of early marriage in Yemen was combined with many factors, including economic, social and cultural factors. 5- There are many effects that result from early marriage, including psychological, health, social and economic effects. 6- The presence of shortcomings in the Yemeni law regarding the marriage of minors, in Article No. (15) of its recent amendments in the Personal Status Law, which did not explicitly specify the age of marriage, and there is no explicit text specifying the penalty for those who violate the text of the law. 7- The prevalence of early divorce among young girls, due to several reasons, including, but not limited to, her lack of knowledge of marital rights, the lack of complementarity between the two marriages, or the lack of compatibility between them. 8- The high mortality rate of young mothers, due to their exposure to many risks of pregnancy and childbirth at an early age, including severe bleeding, acute anemia, etc. The researcher recommended several recommendations, the most important of which are: 1- Determining the age of marriage at (18) years, and urging the Yemeni legislator to amend Article (15) of the Personal Status Law No. (20) of 1992 AD and its amendments in Law No. (27) of 1998 AD so that it explicitly stipulates that the age of marriage be set at no less than (18) years. A solar system, specifying a penalty for those who violate it, and harmonizing other laws related to the personal status law with regard to the age of marriage for young girls. 2- Developing a media policy aimed at creating awareness among members of society, through visual, print and audio media, and social media, in order to clarify the harms of early marriage, and the risks, disadvantages, and problems of underage marriage and its future effects, and to provide an educational role through various relevant official and unofficial agencies and institutions such as the Ministry Education, media, human rights, the National Committee for Women, the Supreme Council for Motherhood and Childhood, civil society organizations and others. 3- Spreading legal awareness in society of the dangers and effects of child marriage. 4- Combined joint efforts (official and popular) to seek to achieve a safe age of marriage of eighteen years, in order to achieve the complete elimination of child marriage. 5- Urging researchers and those interested in the field of the family to prepare qualitative studies and in-depth specialized research on child marriage as a social phenomenon that includes all its different aspects in terms of its size, causes of its spread, damages and multiple effects.

Most people today associate social justice with the equality of all citizens before the law, a decent wage, a high level of social security for people with disabilities, equal access to health care, education, culture, and etc. We analyze value aspects of social justice and define the importance and role of values in human life. The substantive relationship between the concepts of value and well-being is studied. Important aspects of social justice such as: social, legal and political are discussed separately. The demand for social justice in modern Georgian society is analyzed. An assessment of the role of social justice in the development of society is given. Analyzing the value aspects of social justice, we would like to point out that social justice is the category and working tool by which we evaluate various social and political phenomena, adopted laws, results of ongoing reforms, socio-economic status of Georgia, social groups and classes, distribution of public good and etc.

Archaeological sites as part of cultural heritage satisfy a broad range of interests of different stakeholders. Along with satisfying cultural, social, scientific, etc., interests, their role is no less important in strategic socio-economic development.Unlocking asocio-economic potential of archaeological sites requires clear vision of how to conserve and protect each particular site, how and by what means to maintain and manage the object as well as what to do with it next. It is widely acknowledged that archaeological sites, in particular those having the status of archaeological monuments, play a socially important role, but their maintenance and development often require significant investment. While the laws make owners of archaeological sites, both private and public, solely responsible for conservation, restoration and maintenance of cultural monuments in their property, there should be appropriate mechanisms that mitigate the financial and legal burden and support owners along the way.Based on the review of legal regulation, scientific literature, information of the authorities and mass media, multiple expert interviews, consultations with professional archaeologists, and using an integrated socio-economic and legal approach to the researched issue, the article provides theoretical and practical insight into the actualities of archaeological heritage development potential in Latvia (making international comparisons) and possible solutions thereto.

This study aims at illustrating the weakness of women protection against violence in various levels in Indonesia and Cairo. Both countries share common failure in protecting women due to the incapability poor performance of police and local governments. In addition, cultural values and religious understanding have played a part in narrowing the concern to the protection. Basically, Indonesia has already set some legal instruments to protect women against any violence through the gender-based laws and policies. In practice, however, such laws and policies have faced several complexities in regards to the nature of institution, security role and social values among society. Violence against women is generally regarded as moral and norm violations instead of criminal acts. In some respects, the weakness of law enforcement indicates the ineffectiveness of the existing laws and policies. Similarly, Egypt also suffers from the backwardness of women protection against violence. In fact, legal reform for women protection in this country was made in 2014 through special constitution. Such constitution is the first law set to promote the status and role of women in both private and public affairs. In addition, it also aims at ensuring equal rights and obligations in women protection which is free from discrimination and empowering as well as caring for women and girls victims at various stages of case handling system. Referring to the data and actual documents collected during the research, this study has found a result stating women protection has faced various aspects of social and political interests. To that end, it necessary to strengthen the role of civil society in controlling the government and making people aware of gender equality in particular and human rights in general.

Relevant to any attempt for amelioration of woman’s conditions was the history of Muslim people in general and that of Muslims in the Indo-Pak Subcontinent in particular. This paper highlights Muslim women’s struggle for their rights movements in British India. Their continuous struggle altered educational and political institutions, allowing them to emerge from seclusion and participate more actively in the nation's public life. It is said that when women in the developed countries were agitating against their own male regarding their rights, a similar struggle had begun in the subcontinent where men started encouraging participation of women in education and politics, appreciated, and sometimes patronized it. The imperialists in India reversed the economic and social milieu. By strengthening system, British fortified the position of the feudal and tribal lords which not only contributed towards solidifying the struggle for Muslim Women’s Rights in the British India but also resulted in lowering the status of women. The British, on the other hand, did not believe it was necessary to extend their politics into all aspects of life. As a result, local laws continued to apply in family and personal matters like as marriage, guardianship, and inheritance, and the status quo between men and women was maintained. After a prolonged protests and struggle for women’s rights, the central legislature undertook legislation on issues relating to Muslim women such as child marriage, property rights, widow remarriage, divorce, etc. Muslim women had to resisted on the laws imposed by imperialists as most of it were the violation of their fundamental rights, and that they were mostly successful i.e., law of inheritance 1937. The paper shows that women's struggles for educational and political freedom had a significant impact in the British India Particularly in 1940s during Pakistan Movement. Everyone is aware of the social changes/developments that occurred at that time. However, few people acknowledge that women had a key role in bringing about these developments. It is hardly an exaggeration to say that women have achieved tremendous progress and have paved the way for more reforms in late nineteenth and early twentieth centuries.

In my postgraduate formation during the last years of the 80’s, we had close to thirty hospital beds in a pavilion called “sépticas” (1). In Colombia, where abortion was completely penalized, the pavilion was mostly filled with women with insecure, complicated abortions. The focus we received was technical: management of intensive care; performance of hysterectomies, colostomies, bowel resection, etc. In those times, some nurses were nuns and limited themselves to interrogating the patients to get them to “confess” what they had done to themselves in order to abort. It always disturbed me that the women who left alive, left without any advice or contraceptive method. Having asked a professor of mine, he responded with disdain: “This is a third level hospital, those things are done by nurses of the first level”. Seeing so much pain and death, I decided to talk to patients, and I began to understand their decision. I still remember so many deaths with sadness, but one case in particular pains me: it was a woman close to being fifty who arrived with a uterine perforation in a state of advanced sepsis. Despite the surgery and the intensive care, she passed away. I had talked to her, and she told me she was a widow, had two adult kids and had aborted because of “embarrassment towards them” because they were going to find out that she had an active sexual life. A few days after her passing, the pathology professor called me, surprised, to tell me that the uterus we had sent for pathological examination showed no pregnancy. She was a woman in a perimenopausal state with a pregnancy exam that gave a false positive due to the high levels of FSH/LH typical of her age. SHE WAS NOT PREGNANT!!! She didn’t have menstruation because she was premenopausal and a false positive led her to an unsafe abortion. Of course, the injuries caused in the attempted abortion caused the fatal conclusion, but the real underlying cause was the social taboo in respect to sexuality. I had to watch many adolescents and young women leave the hospital alive, but without a uterus, sometime without ovaries and with colostomies, to be looked down on by a society that blamed them for deciding to not be mothers. I had to see situation of women that arrived with their intestines protruding from their vaginas because of unsafe abortions. I saw women, who in their despair, self-inflicted injuries attempting to abort with elements such as stick, branches, onion wedges, alum bars and clothing hooks among others. Among so many deaths, it was hard not having at least one woman per day in the morgue due to an unsafe abortion. During those time, healthcare was not handled from the biopsychosocial, but only from the technical (2); nonetheless, in the academic evaluations that were performed, when asked about the definition of health, we had to recite the text from the International Organization of Health that included these three aspects. How contradictory! To give response to the health need of women and guarantee their right when I was already a professor, I began an obstetric contraceptive service in that third level hospital. There was resistance from the directors, but fortunately I was able to acquire international donations for the institution, which facilitated its acceptance. I decided to undertake a teaching career with the hope of being able to sensitize health professionals towards an integral focus of health and illness. When the International Conference of Population and Development (ICPD) was held in Cairo in 1994, I had already spent various years in teaching, and when I read their Action Program, I found a name for what I was working on: Sexual and Reproductive Rights. I began to incorporate the tools given by this document into my professional and teaching life. I was able to sensitize people at my countries Health Ministry, and we worked together moving it to an approach of human rights in areas of sexual and reproductive health (SRH). This new viewpoint, in addition to being integral, sought to give answers to old problems like maternal mortality, adolescent pregnancy, low contraceptive prevalence, unplanned or unwanted pregnancy or violence against women. With other sensitized people, we began with these SRH issues to permeate the Colombian Society of Obstetrics and Gynecology, some universities, and university hospitals. We are still fighting in a country that despite many difficulties has improved its indicators of SRH. With the experience of having labored in all sphere of these topics, we manage to create, with a handful of colleagues and friend at the Universidad El Bosque, a Master’s Program in Sexual and Reproductive Health, open to all professions, in which we broke several paradigms. A program was initiated in which the qualitative and quantitative investigation had the same weight, and some alumni of the program are now in positions of leadership in governmental and international institutions, replicating integral models. In the Latin American Federation of Obstetrics and Gynecology (FLASOG, English acronym) and in the International Federation of Obstetrics and Gynecology (FIGO), I was able to apply my experience for many years in the SRH committees of these association to benefit women and girls in the regional and global environments. When I think of who has inspired me in these fights, I should highlight the great feminist who have taught me and been with me in so many fights. I cannot mention them all, but I have admired the story of the life of Margaret Sanger with her persistence and visionary outlook. She fought throughout her whole life to help the women of the 20th century to be able to obtain the right to decide when and whether or not they wanted to have children (3). Of current feminist, I have had the privilege of sharing experiences with Carmen Barroso, Giselle Carino, Debora Diniz and Alejandra Meglioli, leaders of the International Planned Parenthood Federation – Western Hemisphere Region (IPPF-RHO). From my country, I want to mention my countrywoman Florence Thomas, psychologist, columnist, writer and Colombo-French feminist. She is one of the most influential and important voices in the movement for women rights in Colombia and the region. She arrived from France in the 1960’s, in the years of counterculture, the Beatles, hippies, Simone de Beauvoir, and Jean-Paul Sartre, a time in which capitalism and consumer culture began to be criticized (4). It was then when they began to talk about the female body, female sexuality and when the contraceptive pill arrived like a total revolution for women. Upon its arrival in 1967, she experimented a shock because she had just assisted in a revolution and only found a country of mothers, not women (5). That was the only destiny for a woman, to be quiet and submissive. Then she realized that this could not continue, speaking of “revolutionary vanguards” in such a patriarchal environment. In 1986 with the North American and European feminism waves and with her academic team, they created the group “Mujer y Sociedad de la Universidad Nacional de Colombia”, incubator of great initiatives and achievements for the country (6). She has led great changes with her courage, the strength of her arguments, and a simultaneously passionate and agreeable discourse. Among her multiple books, I highlight “Conversaciones con Violeta” (7), motivated by the disdain towards feminism of some young women. She writes it as a dialogue with an imaginary daughter in which, in an intimate manner, she reconstructs the history of women throughout the centuries and gives new light of the fundamental role of feminism in the life of modern women. Another book that shows her bravery is “Había que decirlo” (8), in which she narrates the experience of her own abortion at age twenty-two in sixty’s France. My work experience in the IPPF-RHO has allowed me to meet leaders of all ages in diverse countries of the region, who with great mysticism and dedication, voluntarily, work to achieve a more equal and just society. I have been particularly impressed by the appropriation of the concept of sexual and reproductive rights by young people, and this has given me great hope for the future of the planet. We continue to have an incomplete agenda of the action plan of the ICPD of Cairo but seeing how the youth bravely confront the challenges motivates me to continue ahead and give my years of experience in an intergenerational work. In their policies and programs, the IPPF-RHO evidences great commitment for the rights and the SRH of adolescent, that are consistent with what the organization promotes, for example, 20% of the places for decision making are in hands of the young. Member organizations, that base their labor on volunteers, are true incubators of youth that will make that unassailable and necessary change of generations. In contrast to what many of us experienced, working in this complicated agenda of sexual and reproductive health without theoretical bases, today we see committed people with a solid formation to replace us. In the college of medicine at the Universidad Nacional de Colombia and the College of Nursing at the Universidad El Bosque, the new generations are more motivated and empowered, with great desire to change the strict underlying structures. Our great worry is the onslaught of the ultra-right, a lot of times better organized than us who do support rights, that supports anti-rights group and are truly pro-life (9). Faced with this scenario, we should organize ourselves better, giving battle to guarantee the rights of women in the local, regional, and global level, aggregating the efforts of all pro-right organizations. We are now committed to the Objectives of Sustainable Development (10), understood as those that satisfy the necessities of the current generation without jeopardizing the capacity of future generations to satisfy their own necessities. This new agenda is based on: - The unfinished work of the Millennium Development Goals - Pending commitments (international environmental conventions) - The emergent topics of the three dimensions of sustainable development: social, economic, and environmental. We now have 17 objectives of sustainable development and 169 goals (11). These goals mention “universal access to reproductive health” many times. In objective 3 of this list is included guaranteeing, before the year 2030, “universal access to sexual and reproductive health services, including those of family planning, information, and education.” Likewise, objective 5, “obtain gender equality and empower all women and girls”, establishes the goal of “assuring the universal access to sexual and reproductive health and reproductive rights in conformity with the action program of the International Conference on Population and Development, the Action Platform of Beijing”. It cannot be forgotten that the term universal access to sexual and reproductive health includes universal access to abortion and contraception. Currently, 830 women die every day through preventable maternal causes; of these deaths, 99% occur in developing countries, more than half in fragile environments and in humanitarian contexts (12). 216 million women cannot access modern contraception methods and the majority live in the nine poorest countries in the world and in a cultural environment proper to the decades of the seventies (13). This number only includes women from 15 to 49 years in any marital state, that is to say, the number that takes all women into account is much greater. Achieving the proposed objectives would entail preventing 67 million unwanted pregnancies and reducing maternal deaths by two thirds. We currently have a high, unsatisfied demand for modern contraceptives, with extremely low use of reversible, long term methods (intrauterine devices and subdermal implants) which are the most effect ones with best adherence (14). There is not a single objective among the 17 Objectives of Sustainable Development where contraception does not have a prominent role: from the first one that refers to ending poverty, going through the fifth one about gender equality, the tenth of inequality reduction among countries and within the same country, until the sixteenth related with peace and justice. If we want to change the world, we should procure universal access to contraception without myths or barriers. We have the moral obligation of achieving the irradiation of extreme poverty and advancing the construction of more equal, just, and happy societies. In emergency contraception (EC), we are very far from reaching expectations. If in reversible, long-term methods we have low prevalence, in EC the situation gets worse. Not all faculties in the region look at this topic, and where it is looked at, there is no homogeneity in content, not even within the same country. There are still myths about their real action mechanisms. There are countries, like Honduras, where it is prohibited and there is no specific medicine, the same case as in Haiti. Where it is available, access is dismal, particularly among girls, adolescents, youth, migrants, afro-descendent, and indigenous. The multiple barriers for the effective use of emergency contraceptives must be knocked down, and to work toward that we have to destroy myths and erroneous perceptions, taboos and cultural norms; achieve changes in laws and restrictive rules within countries, achieve access without barriers to the EC; work in union with other sectors; train health personnel and the community. It is necessary to transform the attitude of health personal to a service above personal opinion. Reflecting on what has occurred after the ICPD in Cairo, their Action Program changed how we look at the dynamics of population from an emphasis on demographics to a focus on the people and human rights. The governments agreed that, in this new focus, success was the empowerment of women and the possibility of choice through expanded access to education, health, services, and employment among others. Nonetheless, there have been unequal advances and inequality persists in our region, all the goals were not met, the sexual and reproductive goals continue beyond the reach of many women (15). There is a long road ahead until women and girls of the world can claim their rights and liberty of deciding. Globally, maternal deaths have been reduced, there is more qualified assistance of births, more contraception prevalence, integral sexuality education, and access to SRH services for adolescents are now recognized rights with great advances, and additionally there have been concrete gains in terms of more favorable legal frameworks, particularly in our region; nonetheless, although it’s true that the access condition have improved, the restrictive laws of the region expose the most vulnerable women to insecure abortions. There are great challenges for governments to recognize SRH and the DSR as integral parts of health systems, there is an ample agenda against women. In that sense, access to SRH is threatened and oppressed, it requires multi-sector mobilization and litigation strategies, investigation and support for the support of women’s rights as a multi-sector agenda. Looking forward, we must make an effort to work more with youth to advance not only the Action Program of the ICPD, but also all social movements. They are one of the most vulnerable groups, and the biggest catalyzers for change. The young population still faces many challenges, especially women and girls; young girls are in particularly high risk due to lack of friendly and confidential services related with sexual and reproductive health, gender violence, and lack of access to services. In addition, access to abortion must be improved; it is the responsibility of states to guarantee the quality and security of this access. In our region there still exist countries with completely restrictive frameworks. New technologies facilitate self-care (16), which will allow expansion of universal access, but governments cannot detach themselves from their responsibility. Self-care is expanding in the world and can be strategic for reaching the most vulnerable populations. There are new challenges for the same problems, that require a re-interpretation of the measures necessary to guaranty the DSR of all people, in particular women, girls, and in general, marginalized and vulnerable populations. It is necessary to take into account migrations, climate change, the impact of digital media, the resurgence of hate discourse, oppression, violence, xenophobia, homo/transphobia, and other emergent problems, as SRH should be seen within a framework of justice, not isolated. We should demand accountability of the 179 governments that participate in the ICPD 25 years ago and the 193 countries that signed the Sustainable Development Objectives. They should reaffirm their commitments and expand their agenda to topics not considered at that time. Our region has given the world an example with the Agreement of Montevideo, that becomes a blueprint for achieving the action plan of the CIPD and we should not allow retreat. This agreement puts people at the center, especially women, and includes the topic of abortion, inviting the state to consider the possibility of legalizing it, which opens the doors for all governments of the world to recognize that women have the right to choose on maternity. This agreement is much more inclusive: Considering that the gaps in health continue to abound in the region and the average statistics hide the high levels of maternal mortality, of sexually transmitted diseases, of infection by HIV/AIDS, and the unsatisfied demand for contraception in the population that lives in poverty and rural areas, among indigenous communities, and afro-descendants and groups in conditions of vulnerability like women, adolescents and incapacitated people, it is agreed: 33- To promote, protect, and guarantee the health and the sexual and reproductive rights that contribute to the complete fulfillment of people and social justice in a society free of any form of discrimination and violence. 37- Guarantee universal access to quality sexual and reproductive health services, taking into consideration the specific needs of men and women, adolescents and young, LGBT people, older people and people with incapacity, paying particular attention to people in a condition of vulnerability and people who live in rural and remote zone, promoting citizen participation in the completing of these commitments. 42- To guarantee, in cases in which abortion is legal or decriminalized in the national legislation, the existence of safe and quality abortion for non-desired or non-accepted pregnancies and instigate the other States to consider the possibility of modifying public laws, norms, strategies, and public policy on the voluntary interruption of pregnancy to save the life and health of pregnant adolescent women, improving their quality of life and decreasing the number of abortions (17).

AbstrakStatus sosial dalam tinjauan hukum islam dan positif ini menjadi suatu permasalahan utama. Pengaruh perkawinan ditinjau dari hukum islam dan strata sosial pada Masyarakat Sulawesi Selatan Kecamatan Soppeng Riaja Kabupaten Barru dan dampak positif dan negatif terhadap adanya strata sosial yang berbeda pada Masyarakat Sulawesi Selatan Kecamatan Soppeng Riaja Kabupaten Barru menjadi topik utama. Peneliti kemudian menggunakan metode deskriptif kualitatif, menginterpretasikan dan mendeskripsikan info, sikap dan pandangan yang terjadi dalam suatu masyarakat, kontradiksi antara dua kejadian, hubungan antara individu dan variabel yang muncul dari perbedaan fakta yang ada dengan fakta yang ada serta pengaruhnya terhadap kondisi. Pendekatan induktif, dengan teknik pengumpulan information yaitu studi lapangan, wawancara, selain itu penulis juga melakukan studi literatur dengan menelaah buku, literatur dan peraturan perundang-undangan. Menganalisis dokumen hukum yaitu penulis menggali, menganalisis dan menemukan segala peraturan perundang-undangan yang mengatur semua aspek asas hukum Islam dan hukum perkawinan. Status Sosial Masyarakat Kecamatan Soppeng Riaja Kabupaten Barru dalam ditinjau dari hukum islam dan hukum positif bahwa status sosial perempuan sangat menentukan tinggi dan rendahnya uang panai’, meliputi Keturunan Bangsawan, Tingkat Pendidikan, Pekerjaan Status Ekonomi perempuan dan Kondisi Fisik. Adapun dampak hukum jika pihak laki-laki tidak mampu menyanggupi jumlah uang panai’ yang telah ditargetkan, maka secara otomatis perkawinan akan batal dan pada umumnya implikasi yang muncul adalah pihak laki-laki dan perempuan mendapat cibiran atau hinaan di kalangan masyarakat setempat, dan biasanya hubungan antar kedua keluarga bisa renggang. Selain itu banyak laki-laki yang enggan menikah karena banyaknya tuntutan yang harus disiapkan oleh pihak laki- laki demi sebuah perkawinan. Tidak sedikit perempuan yang tidak kawin dan menjadi perawan tua.Kata kunci: Hukum Islam, Hukum Positif, Strata Sosial.AbstractSocial status in this positive and Islamic legal journal is a major issue. The effect of marriage in terms of Islamic law and social strata in the community of South Sulawesi, the district of Soppeng Riaja, the regency of Barru and the positive and negative impacts on the existence of different social strata in the community of South Sulawesi, Soppeng Riaja District, Barru Regency is the main subject. The researchers then use descriptive qualitative methods, interpret and describe the information, attitudes and viewpoints that occur in a society, the contradictions between two events, the relationships between individuals and the variables that result from differences between facts. existing and existing facts and their effects on conditions. Inductive approach, with information gathering techniques, namely field studies, interviews, in addition to the fact that the author also conducts literature studies by examining books, literature and statutory regulations. By analyzing legal documents, the author searches, analyzes and finds all the laws and regulations that govern all aspects of Islamic law and marriage law. Social status of the Soppeng Riaja sub-district, Barru Regency in terms of Islamic law and positive law according to which the social status of women determines the top and bottom of Panai money ”. Social status includes royal ancestry, educational level, professional economic status of women, and physical condition. doi 'panai' was considered siri 'or the self-esteem of a woman and her family. As for the legal impact if the male party is not able to pay the targeted amount of Panai money, the marriage will automatically be annulled and, in general, this implies that both men and women receive contempt or insults. in the local community, and generally relations between the two families can be tenuous. In addition, many men are reluctant to get married due to the many demands that men have to prepare for a marriage. Not a few women who don't get married and become single.Keywords: Islamic Law, Positive Law, Social Strata.

The relevance of the study is determined by the fact that the legislator and the law enforcement officer allow deviations from the social and legal foundations at all stages of the formation and application of the criminal law. Therefore, the subject of research is, on the one hand, incorrectly formulated norms of the Criminal Code of the Russian Federation, draft amendments to them, unjustified application of the law. On the other hand, there are theoretical and normative constructions existing for a given historical period, designed to prevent the emergence of such norms and their application. These include the theory of substantiation of criminal law, including its most developed part - the theory of criminalization of acts, regulations on the examination of laws and their application. In this regard, the purpose of the study is to identify the causes of failure, failure of these structures and to determine the way to solve the problem. The study was carried out using such general logical methods of cognition as systemic, comparative-legal; analysis, synthesis, induction, deduction. Analyzed: 4 laws and bills (No. 5, 8, 9, 18), 7 decisions of the Constitutional Court of the RF over the past 5 years (No. 1-4, 15, 17), which offer a different constitutional interpretation of the unjustified norms of the Criminal Code of the RF; materials of judicial practice on the norms incorrectly fixed in the Criminal Code or applied by the courts, carried out by the author and other researchers (No. 6, 12, 13, 14); monitoring data of the expertise of the law officially conducted in Russia and its application for compliance-inconsistency with the social and legal foundations of the criminal law (52). It has been carried out the analysis and synthesis of the authors' views on the components of the concept, the criteria for the criminalization of acts, the substantiation of the law, named in 18 studies (No. 19-21, 26-29, 31-41, 52 (monographs, dissertations, journal articles) its use in applied research, as well as 13 studies devoted to a broader substantiation of the law than criminalization (22-25, 30, 44-51). Sociological, philosophical and other studies have been analyzed (No. 7, 11, 42, 43). The system analysis made it possible to draw both intermediate and final conclusions obtained as a result of the study. As a result of the study, it was revealed that: 1. Criminalization is the most important stage in the process of substantiating a law, but it does not cover all the factors that must be taken into account for its substantiation. This is within the scope of the theory of the justification of the criminal law. 2. But neither the theory of criminalization of acts, nor the theory of justification are not fully developed as integral theories. 3. In this state, they are not fully used by researchers, legislators, law enforcement officials or experts. Therefore, the first block of the theory of justification - the criminalization of acts and all others (consolidation of the signs of an act in the main composition, qualified, norm, etc.) require systematization of existing knowledge, further research of social and legal factors of justification of the law in various aspects and generalization of their results. Such a study is within the capabilities of a large federal research center that unites the potential of researchers from different regions of Russia and other countries. The author declares no conflicts of interests.

The legal aspects of formation and development if integral competence of local council deputies are analyzed in the article.There has been defined the concept of "integral competence of local council deputies such as knowledge, skills, capacities, and sometimes - other important qualities, ways and methods of their implementation into the activities of the local council deputies which are necessary for the successful and responsible fulfillment of their tasks and responsibilities. It has been determined that the profile of integral (pro-active, business-like) competence of local council deputies in Ukraine includes law-making, administrative and jurisdictional (organizational, executive, administrative, coordinative), control and supervisory, informational and analytical; economic (budgetary and planning, etc.), value-oriented (moral and ethical), social and psychological with communicative and consulting competences. The profile is designed mainly for the creative type of activity. The necessity to develop knowledge, skills and capacities of local council deputies to solve urgent problems of local self-government related to decentralization reform has been substantiated.It has been proved that the local council deputy must be highly professional in his/her field, capable to control changes, develop leadership skills, take risks, meet challenges of today. It has been emphasized necessary to provide continuous professional training to local council deputies for their mobility, prompt and effective response to the challenges of society in the context of development the paradigm shift within the state administration and local self-government.It is concluded that ensuring the effective activity of a local council deputy depends directly on his level of integral competence increasing through the vocational training. Leadership is an important component of integral competence. Leadership features include open-mindness and responsibility for self-actualization. The legal bases of formation and development of integral competence of the local councils deputies. There has been investigated defined by the Constitution of Ukraine, laws of Ukraine "On local self-government in Ukraine", "On the status of the local councils deputies " - concerning the content of the profile of integrative competence of local councils deputies in Ukraine, based on the distinguishing of empowerment and competences of the local self-government body; legislation defining the strategy and main directions of the further development of life-long adult education in Ukraine by means of formal, non-formal and informal education, namely: the National Doctrine of Education Development, the National Strategy for Education Development in Ukraine until 2021, the National Qualifications Framework, the laws of Ukraine “On Professional Development of Employees”, “On Employment of the Population”, “On Higher Education”, “On Education”. It is proved that the existing system of vocational training, based on European standards of education development, plays a key role in the process of the integral competence formation for the local councils deputies, and insurance of their continuous professional training. The have been analyzed the legal foundations of the vocational training system for the local councils deputies, which are defined by the Concept of reforming the system of vocational training for civil servants, heads of local state administrations, their senior deputies and deputies, local self-government officials and of local councils deputies under the date of December 1, 2017 No. 974-p , the plan of actiors for its implementation, as well as the corresponding Regulations on the vocational training system.

Forced marriage is a form of marriage that takes place without the consent of the parties, or is done under coercion by one of the parties to the contract. The difference revolves around between compulsory marriage and regular marriage, as the latter depends on the agreement and consent of the parties to the contract, and with the consent of the parents of both parties. As for forced marriage, it obligates one or both parties to the contract to accept, even if it is necessary to use psychological pressure or physical violence. In recent years, there has been a significant increase in the rate of forced marriage, which has reached more than 20 percent, according to statistics from personal status courts, while the percentage of victims of these marriages is more than 40 percent of women, indicating that most divorce cases are among young people who were forced to marry before reaching the legal age. The phenomenon was very small during the nineties, but it increased significantly after the US occupation of Iraq in 2003. There are legal treatments for the phenomenon, through declarations, the agreements that Iraq joined or ratified, such as the Universal Declaration of Human Rights, the Covenant on Civil, Political and Social Rights, the Convention on the Elimination of All Forms of Violence and Discrimination against Women, and the Convention on the Rights of the Child, all of which contain texts stating not to be forced into marriage. Forced for whatever reason. The problem lies in the failure to criminalize the perpetrators of forced marriage by the penal laws and legislations. The Iraqi Penal Code of 1969 did not include any criminalization of it, but the Personal Status Law No. 188 of 1959 mentioned the penalty of imprisonment for the person who is forced to marry if he is the relative of the victim of the first degree, and imprisonment for a period Not more than 10 years, if otherwise. One of the most common types of forced marriage is reciprocal, or by presenting a woman as a substitute for the dowry, whether it is a sister or a daughter, and there is another type of marriage, which is a blood allowance, that is to offer a woman as compensation for the harm that befell the other clan in the event that one of her clan members kills One of the members of that clan, and there is a gift marriage, and such marriages had receded. There is kidnapping marriage, which is widespread in one of the sects and is criminalized by the Penal Code with life imprisonment for its perpetrator. In addition to the problem of marriage outside the courts with the approval of a cleric, and this matter is not related to individual cases, but in tens of thousands of cases throughout the country. About 9,800 cases of marriage outside the courts were recorded in Baghdad alone during 2017, according to Judicial Council numbers, while about 59,000 were registered. A situation throughout Iraq, with the exception of the Kurdistan region, a large part of which is the marriage of minors (under the legal age) whose families want to impose a fait accompli on the courts. From all the foregoing, it becomes clear how important the research topic is, as it affects the human rights and freedoms of girls and women and negatively affects the family and society, and thus the security and community peace. The research aims to include detailed texts in the Personal Status Law that include all forms of forced marriage and its material, moral and psychological aspects and all parties and persons in the forced marriage process or the reason for its occurrence and the various cases of its occurrence, as well as addressing legislative contradictions and mitigating or exempting excuses stipulated in the Penal Code, which allow For the perpetrators with impunity. And that the forms of the crime of forced marriage are included with its provisions in the penal code and not in the personal status law, and heavy penalties are imposed on the perpetrators, and that the degree of relationship of the perpetrator to the victim is a reason for the severity of the punishment and not to reduce it, so that the closer the degree, the more severe the punishment

This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.
While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,

Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.

The study investigates the human rights violations that underlie widowhood practices in Cape Coast and Komenda in the Central Region of Ghana. Review of the relevant literature on widowhood practices suggests that widowhood practices are a global cultural phenomenon, which is not confined to Sub-Sahara Africa. A survey of relevant studies on the phenomenon suggests that there are two competing perceptions on African widowhood practices: (1) a dominant negative perspective and (2) a minor positive perspective. The dominant negative perspective, which receives overwhelming research attention, focuses only on the negative characteristics of widowhood while the minor positive perspective which receives scanty research attention, rejects the criticisms levelled against widowhood practices as being externally influenced by Christianity and Western Feminism. Various stakeholders within the Akan community were given an opportunity to retell their own versions of widowhood practices. In order to achieve this purpose, the research extracted competing narratives from all the multiple sample subgroups of the proposed study: widows; widow family heads; chiefs; widowhood ritual practitioners; elderly female supervisors of widowhood practices; an official from the Commission for Human Rights and Administrative Justice (CHRAJ); an official from the Ministry of Women and Children Affairs (MOWAC); and an official from the Domestic Violence and Victims Support Unit (DOVVSU) of Ghana. The study found out that despite legislative intervention and policy frameworks, the practice still persist among the Akan communities in Ghana. The reasons for the continued existence of such rituals are explained followed by recommendations for possible solutions.

The objective of this treatise is to establish whether a right to social security exists in South Africa, which would entitle HIV positive persons in South Africa citizens to medical care. A study was made of various articles in journals and on the Internet to determine the South African government's policy on a right to social security and to providing medical treatment. It was found that South Africa lacks an integrated, holistic approach to social security and does not guarantee the right to social security, merely the right to have access to social security. The same was found with the right to medical care. Although there seems to be a general right to medical care which extends to and includes HIV-positive patients, the state merely guarantees the right to apply for medical treatment but does not guarantee the granting thereof. It is submitted that the Department of Health's refusal to implement a vertical transmission prevention programme and the failure to offer treatment as an alternative, for whatever reason, is "penny wise and pound foolish". In the long run more money is spent dealing with pediatric AIDS. It was further found that although the government attempted to lay a groundwork with the formulation and acceptance of the national AIDS plan, the successful implementation thereof is seriously hindered due to the lack of inter- and intra-departmental collaboration, essential health services and funding.

Society's attitudes toward criminal offenders changed dramatically over the nineteenth century. By the early twentieth century the system of handling offenders in Montreal was highly institutionalized and based on sex- and age-specific treatment involving the Catholic Church, civic and legal authorities, and Protestant reform organizations.
A thematic study of the relationship of female offenders, concerned organizations, and the criminal justice system at the height of industrial capitalism shows that as the economy expanded and the city grew, there were increasing opportunities for women to break the law. Women's crimes were largely determined by their socio-economic status in Canadian society, often crimes of poverty and survival. The growing potential to commit crime was met with a more organized and institutionalized response and the definition of what was considered wayward female behaviour broadened. The growth of the state over the latter part of the nineteenth century in the form of new and expanded juridical and penal structures resulted in an increase in disciplining the population. For women this meant the use of laws and institutions to punish inappropriate social and sexual behaviour.
This thesis explores the gender-specific treatment of female offenders in the new institutions created ostensibly to rescue them: Fullum Street Prison for Women, the Ecole de Reforme, the Girls' Cottage Industrial School, the Juvenile Delinquents' Court, and the female police force. It looks at the construction of "criminal" and "bad" and the flexible usage of certain laws to curb unruly behaviour.

This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.

This dissertation examined the relationship between support services for adult survivors of sexual assault and judicial outcomes. Specifically, this study explored survivors' willingness to participate in the judicial process. Although "victim unwilling to participate" is the primary reason given by the police for cases not progressing to prosecution, we know little about most aspects of survivors' willingness to participate in the judicial process, especially beyond initial reporting of the assault. The steps to prosecution are dependent on one another yet a survivor's willingness to participate in these steps is a fluid process. The primary research question explored was Are there clusters of survivors according to their responses to specific items on a Willingness to Participate scale? Additional research questions focused on differences among possible clusters of survivors. A semi-structured interview protocol was completed with 46 survivors of adult sexual assault. Cluster analysis was conducted and three clusters emerged. Findings suggest that support services were helpful to those who were highly willing to participate but that willingness was insufficient to influence judicial outcomes. Future research concerning judicial outcomes in sexual assault cases should focus on strategies to dispel myths about rape among survivors, within the judicial system, and with potential jurors as a means of improving both survivor participation and judicial outcomes.

During the antebellum period of U.S. slavery (1830-1861), many people claimed ownership of the enslaved woman's body, both legally and figuratively. The assumption that they were merely property, however, belies the unstable, shifting truths about bodily ownership. This thesis inquires into the gendered specifics and ambiguities of the law, the body, and women under slavery. By examining the particular bodily regulation and exploitation of enslaved women, especially around their reproductive labor, I suggest that new operations of oppression and also of resistance come into focus. The legal structure recognized enslaved women in the interest of owners, and this limitation was defining, meaning that justice flowed in one direction. If married white women were "civilly dead," as famously evoked by the Declaration of Sentiments (1848) then enslaved women were civilly non-existent. The law controlled, but did not protect slaves, and a number of opponents to slavery denounced this contradictory scenario during the antebellum era (and before). Literally, enslaved women were claimed by their masters, purchased and sold as chattel. Physically, they were claimed by those men (both white and black) who sought to have power over them. Symbolically, they were claimed by anti-slavers and pro-slavers alike when it suited their purposes, often in the domains of news and literature, for the sake of advancing their ideas, a rich record of which fills court cases, newsprint, and propaganda touching the slavery issue before the civil war. Due to the numerous ways that enslaved women's bodies have been claimed, owned, or circulated in markets, it may have been considered implicit to many that others owned their bodies. I believe that this is an oversimplified historical supposition that needs to be re-theorized. Indeed, enslaved women lived in a time when they were often led to believe that their bodies were not truly their own, and yet, many of them resisted their particular forms of oppression by claiming ownership of their bodies and those of their children; sometimes using rather extreme methods to keep from contributing to their oppression. In other words, slave owners' monopoly of the legal, economic, and logistical meanings of ownership of slaves had to be constantly reaffirmed and negotiated. This thesis asks: who owned the enslaved woman's body? I seek to emphasize that enslaved women were valid claimants of themselves as can seen in primary sources that today have only been given limited expression in the historiography.

The purpose of this study was to examine forensic social workers' levels of knowledge about skepticism toward Dissociative Identity Disorder (DID) in light of the controversy that surrounds the diagnosis. Relationships between demographic and professional practice variables and workers' levels of knowledge and skepticism were analyzed to assess the possible etiology of skepticism toward DID.