|
UNFPA GLOBAL POPULATION POLICY UPDATE
Issue 55 - 24 August 2005
This issue of the UNFPA Global Population Policy
Update highlights laws and policies relating to sex crimes, sexual
and reproductive health, domestic violence and gender equality that
were adopted in Europe in the latter part of 2003 and the beginning
of 2004.
---
Austria Amends Penal Code on Sex Crimes
On 1 March 2004, Austria amended its Penal Code
to increase protections against sex crimes. The amendments
include provisions to: a) prohibit trafficking of persons for sexual
purposes, the removal of organs or illegal employment; b) make it
a crime to force a minor into prostitution or participating in pornography;
and c) strengthen measures on crimes against sexual integrity and
self-determination; sexual abuse of physically or mentally disabled
persons; child pornography; the facilitation of sexual relations
with minors for money; prostitution; and sexual harassment.
http://ris1.bka.gv.at/authentic/findbgbl.aspx?name=entwurf&format=
pdf&docid=COO_2026_100_2_41838
Germany Amends Penal Code on Sex Crimes
On 23 December 2003, Germany amended its Penal Code
to strengthen protections against sex crimes. The amendments include
provisions to: a) increase the minimum penalty of imprisonment for
sexual crimes committed by persons who are responsible for the rearing,
education, care, or institutional custody of the victims; b) increase
the scope of sexual crimes committed against children and disabled
persons and the penalties for these crimes; and c) make it a crime
to distribute, obtain, or possess child pornography and d) make
it a crime to disseminate child pornography through the media;
adult pornography may be distributed so long as persons under the
age of 18 do not have access to such media .
http://217.160.60.235/BGBL/bgbl1f/bgbl103s3007.pdf
.
U.K. Issues Guidance on Sexual and Reproductive
Health Services Provision to Adolescents Under 16
On 29 July 2004, the British Department of Health issued
the Best Practice Guidance for Doctors and Other Health Professionals
on the Provision of Advice and Treatment to Young People Under 16
on Contraception, Sexual and Reproductive Health . The Guidance
specifically addresses health professionals' duties of confidentiality
and care to patients under 16, recognizing that concerns about confidentiality
are the biggest deterrent to seeking care for this age group.
The Guidance calls for all health facilities
providing contraceptive services to young people to develop and
prominently advertise a confidentiality policy that explicitly guarantees
the right to confidentiality of those under 16 on an equal basis
with adults. It condemns deliberate breaches of confidentiality,
however minor, as serious disciplinary matters. The Guidance qualifies
the duty of confidentiality in cases where health professionals
believe there is a serious risk to the health, safety or welfare
of a young person. In considering whether to disclose information,
health professionals should weigh disclosure against factors such
as the young person's right to privacy, the degree of current or
likely harm, and the potential benefits of disclosure to the young
person's well-being. In all but exceptional circumstances, the guidance
advises health professionals to consult the young person and offer
support for a voluntary disclosure before taking unilateral action.
With regard to health professionals' duty of care to patients under
16, the Guidance authorizes the provision of contraceptive and sexual
and reproductive health services without parental knowledge or consent
provided that two conditions are met: a) the young person should
understand the advice provided and its implications; and b) the
young person's physical or mental health would likely suffer if
advice or treatment were not provided. The Guidance emphasizes
health professionals' duty of confidentiality to the patient regardless
of whether advice or treatment is ultimately provided. It
also discourages health professionals from allowing personal beliefs
prejudice their care to a young person; any provider who is unable
to provide confidential contraceptive services should make alternative
arrangements for the patient to be seen by another professional
and prominently advertise such arrangements.
http://www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/
PublicationsPolicyAndGuidanceArticle/fs/en?CONTENT_ID=4086960&chk=5FnfJf
France Amends Civil Code on Domestic
Violence
On 9 March 2004, France amended its Civil Code
to address domestic violence. The amendment allows for a judge
to adopt temporary measures to stop domestic violence within a marriage.
These measures include removing one spouse from the family home
and establishing rules on the exercise of parental authority and
spousal contributions to the payment of the common expenses of the
marriage. The amendment is part of a major reform to the French
divorce law, which is designed to simplify procedures when the spouses
are in agreement about divorce and to alleviate differences when
they are not in agreement. The reform also attempts to separate
the consequences of divorce from the allocation of fault, to provide
for mediation, and to divide marital property at the time of divorce
without resorting to spousal support payments.
http://admi.net/jo/20040527/JUSX0300062L.html
.
Switzerland Amends Penal Code on Domestic Violence
On 3 October 2003, Switzerland amended its Penal Code
to increase protections against domestic violence. The amendments
require that legal proceedings be brought against persons who commit
the following crimes against a spouse or cohabitant: a) physical
injury; b) assault that does not involve physical injury or damage
to the victim's health; and c) serious threats. In the case
of married couples, such proceedings can be instituted during the
marriage and within one year following the divorce. In the case
of cohabitation, they can be instituted during cohabitation or within
one year of separation.
http://www.admin.ch/ch/f/as/2004/1403.pdf
Ireland Enacts Equality Act 2004
On 18 July 2004, Ireland enacted the Equality Act 2004 .
The Act amends the Employment Equality Act 199 8
to strengthen provisions mandating the equality of treatment, including
the equality of treatment of men and women. The Act includes provisions
to: a) include self-employed persons and persons within business
partnerships within the scope of protection of the 1998 Act; b)
broaden the definition of discrimination to cover less favorable
treatment on the grounds of pregnancy and maternity leave; c) broaden
the definition of sexual harassment; d) strengthen measures against
indirect gender-based discrimination; e) more strictly define the
exceptions to the provisions against gender-based discrimination
on the basis of genuine occupational requirements and family and
personal matters; and f) broaden the definition of victimization
under the Act. The Act also amends the Equal Status
Act 2000 to strengthen protections against discrimination.
http://www.oireachtas.ie/documents/bills28/acts/2004/A2404.pdf
. All previous issues of the UNFPA Global
Population Policy Update can now be found on UNFPA's website at:
http://www.unfpa.org/parliamentarians/news/newsletters.htm
.
----------
This newsletter is issued
by the United Nations Population Fund (UNFPA) in its capacity as
secretariat for the biennial International Parliamentarians' Conference
on the Implementation of the ICPD Programme of Action (IPCI/ICPD).
The first IPCI/ICPD was held in November 2002 in Ottawa, Canada
and the second in October 2004 in Strasbourg, France. These dispatches
are intended to highlight important developments taking place around
the world so that parliamentarians can be kept informed of and learn
from the successes, setbacks and challenges encountered by their
fellow parliamentarians in other countries and regions in their
efforts to promote the implementation of the Programme of Action
of the International Conference on Population and Development (September
1994, Cairo, Egypt). It should be noted that UNFPA does not necessarily
endorse all of the policies described in this newsletter.
Thanks to Center for
Reproductive Rights and Harvard University School of Public Health
for their contributions to the content of this newsletter.
Please send mailing list update information to Ragaa Said at said@unfpa.org
. If you have any questions or comments on the content of this
newsletter, please contact Harumi Kodama at kodama@unfpa.org
or Safiye Cagar at cagar@unfpa.org
. |
