Current problems of improvement criminal legislation taking into account gender approach
Journal Title: Юридические науки и образование - Year 2018, Vol 54, Issue 54
Abstract
For ensuring real gender equality, the corresponding procedures allowing realizing the provisions provided by the Constitution in practice are necessary. Declaration of equality in the rights and freedoms is only the first step in achievement of real gender equality. The second and main step of achievement of such equality fixing of equal opportunities in implementation of the rights and freedoms granted by the Constitution of the state for all citizens, irrespective of a floor, race is represented, to national identity, etc. Various approaches on gender sign take place both in the General, and in the Special part of Criminal Code of the Azerbaijan Republic (furthermore, the CC of AR). So, Article 141 of the CC of AR provides responsibility for illegal production of abortion where the pregnant woman can't be the subject of crime, despite existence of all objective and subjective signs of structure of this crime. Existence of Article 121 in Criminal Code of Azerbaijan Republic violates gender equality as commission of infanticide by the father of the born or been born child is qualified according to Art. 120.2.11 in the CC of AR as premeditated murder under the aggravating circumstances whereas for the woman responsibility is softened.
Authors and Affiliations
Romella Gulaliyeva
Keywords
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- EP ID EP275971
- DOI 10.25108/2304-1730-1749.iolr.2018.54.75-99
- Views 85
- Downloads 0
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