Criminalization and International Human Rights
In: Proceedings of the ASIL Annual Meeting, Volume 112, p. 83-84
ISSN: 2169-1118
Human rights advocacy today engages with criminal law at international
and national levels with a new and rather conflicted posture. It is
reorienting from an approach that primarily treated human rights as a shield
from (unjust) prosecutorial and carceral power, and toward one calling for
criminal penalties and vigorous prosecutions as a remedy for harms. The
human rights abuses for which state prosecution is invoked today include not
only past and present state violations, such as torture, but crimes by
non-state actors, such as sexual and gender-based violence. At the same
time, paradoxically, many rights groups are calling for the review and
reduction of criminal regulation of a range of sexual and reproductive
health practices, including abortion, consensual sexual conduct outside of
marriage (same sex, heterosexual, and sex for money), and HIV
transmission.