Policy Paper On Affirmative Consent
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March 6, 2024
by Arzoo Karki, Ecenur Uyanık, Mona Zhuo, and Sriraksha V. Srivatsav
This Policy Paper delves into the evolving landscape of sexual assault laws across the world. The Paper particularly focuses on the emerging concept of “affirmative consent” and its significance in the present day. The definitions of sexual offence laws based on the three traditional predominant models (i.e., coercion-based, resistance-based, consent-based) reinforce gender stereotypes and unfairly shift the focus of the trial on the conduct of the victim. This Paper argues that the adoption of the definition specifying an affirmative, voluntary, and unambiguous communication of consent offers a more realistic framework for evaluating sexual encounters.
A comparative examination of the legality of restrictions on abortion in light of the right to gender equality
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December 10, 2022
Berkeley Center on Comparative Equality and Anti-Discrimination Law and the Equality Law Clinic at the Université Libre de Bruxelles
With a view to being of service to advocates and policy makers in abortion restrictive countries challenging punitive, unjust, and often deadly legal regimes, the Berkeley Law Center on Comparative Equality and Anti-Discrimination Law, in cooperation with the Equality Law Clinic at the Université Libre de Bruxelles, are publishing this 34 page memorandum.
“A comparative examination of the legality of restrictions on abortion in light of the right to gender equality” provides examples of countries around the globe recognizing abortion rights through legislation, referendum, and court mandate. Our analysis primarily focuses on judicial understandings of women’s rights, gender equality and other fundamental rights.
On December 10th, International Human Rights’ Day, let us remember that women’s rights are human rights.