Even though marriage is considered as a union of two equal partners, the underlying truth is that... more Even though marriage is considered as a union of two equal partners, the underlying truth is that the rights of a married woman if often restrained by social and cultural obstacles. Considering the State obligations towards international treaty law, Article 16 of the UDHR and Article 23 of the ICCPR affirms that 'both men and women should receive equal treatment during marriageable'. However, the necessity of criminalization of marital rape is debatable in some countries due to their social and cultural obstacles. Considering the situation in Sri Lanka, marital rape is not considered to be a crime, unless a judge has ordered a spousal separation. Therefore, this dissertation argues the lack of criminalization of marital rape is in breach of international treaties as well as the Constitution of Sri Lanka. The main objective of this research is to identify the root cause in the reluctance of criminalization of marital rape and to make effective recommendations in order to safeguard the rights of married women.
Even though marriage is considered as a union of two equal partners, the underlying truth is that... more Even though marriage is considered as a union of two equal partners, the underlying truth is that the rights of a married woman if often restrained by social and cultural obstacles. Considering the State obligations towards international treaty law, Article 16 of the UDHR and Article 23 of the ICCPR affirms that 'both men and women should receive equal treatment during marriageable'. However, the necessity of criminalization of marital rape is debatable in some countries due to their social and cultural obstacles. Considering the situation in Sri Lanka, marital rape is not considered to be a crime, unless a judge has ordered a spousal separation. Therefore, this dissertation argues the lack of criminalization of marital rape is in breach of international treaties as well as the Constitution of Sri Lanka. The main objective of this research is to identify the root cause in the reluctance of criminalization of marital rape and to make effective recommendations in order to safeguard the rights of married women.
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Papers by Pavani Ekanayake