Addressing Rape as a Human Rights Violation: The Role of International Human Rights Norms and Instruments

Abstract

This paper seeks to raise awareness of lawyers and judges on existing international human rights norms and instruments that can assist in the interpretation and application of constitutional and national laws in rape cases. It includes a collection of some judgments in the Asia Pacific region as well as norms set by international human rights instruments that may be applied in rape litigation. It also covers specific issues in such cases that pose major problems, specifically in litigation. In so doing, it is hoped that the paper will guide readers in interpreting and applying the provisions of national constitutions and laws - including common and customary law and international instruments - when conducting trials or making decisions.