Tuesday, April 18, 2023

UN REPORT Supports Pedophilia

 From long years in the law, and as a proudly gay man, I know profoundly how criminal law signals which groups are deemed worthy of protection - and which of condemnation and ostracism.

In this way, the criminal law performs an expressive function - and it has dramatic consequences on people's lives.

To add to this, criminal proscriptions may reinforce structural inequalities; they may codify discrimination, invest them with the law's power and may foster stigma.

Criminal law may thus impel hostility, exclusion, inequality, discrimination and marginalization of individuals and groups, sometimes to the point of violence.

As a result, human rights, democratic values and social inclusiveness all suffer.

For a number of years now, the UN Secretary-General, the Office of the High Commissioner for Human Rights, global and regional human rights mechanisms, bodies and experts, national courts, legislatures and domestic human rights institutions, as well as civil society have grappled with the problem of the harmful human rights impact of criminal laws that proscribe conduct associated with sex, reproduction, HIV, drug use, homelessness and poverty.

The 8 March Principles for a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty - published by the International Commission of Jurists - are a timely intervention addressing the detrimental human rights impact of criminal laws targeting vulnerable groups.

Here I include judges, who, in particular bear the critical responsibility of guarding the rule of law while upholding human rights and non-discrimination guarantees.

The Principles are based on general principles of criminal law and international human rights law and standards.

They seek to offer a clear, accessible and workable legal framework - as well as practical legal guidance - on applying the criminal law to conduct associated with sexual and reproductive health and rights, including termination of pregnancy consensual sexual activities, including in contexts such as sex outside marriage, same-sex sexual relations, adolescent sexual activity and sex work gender identity and gender expression HIV non-disclosure, exposure or transmission drug use and the possession of drugs for personal use; and homelessness and poverty.

All these may play a critical role in mitigating the detrimental human rights impact of misapplied criminal laws.

Read the report here:  https://icj2.wpenginepowered.com/wp-content/uploads/2023/03/8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023.pdf

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