WOMEN'S RIGHTS AND VIOLATIONS OF THAT

CHAPTER – 1

INTRODUCTION

In a violent relationship, everyone is a victim. This information can help people stand up to family violence and make it stop.

At the heart of the Domestic Violence Act 1995 is the Protection Order. It names the person who is abusive (the respondent) and states what behaviour is illegal under the Order. “The police and courts might not take me seriously.” Family violence is an abuse of human rights.

The courts and the Police take family violence very seriously. The Domestic Violence Act helps protect people in many different relationships. These include: Married couples, unmarried couples, gay and lesbian couples, children, family/whanau anyone in a close personal relationship flat mates or other people who share accommodation.

The right to family is a basic and fundamental right that includes the right to start a family, the right to become a parent, and the right of children to receive support and enjoy an intensive relationship with both their parents. It stems from the right of every person to autonomy and self-fulfillment, which are integral elements of the right to human dignity, as well as from the importance of the family unit within human society.

In the words of the High Court of Justice: “One of the most fundamental components of human dignity is the Power of a person to shape his family life with the autonomy of his free will, and to raise children and enjoy a shared life within the family unit. The family

unit is a definitive expression of human self-fulfillment. There are few decisions that shape the life of a person as much as the decision with whom to link one’s fate and start a family. The same applies to the right of parents to raise their children.”

The right to family extends to migrant workers as well. Migrant workers do not relinquish their right to family and to parenthood when they reach their host countries. By leaving their homelands to work in other countries, migrant workers “are not ‘signaling’ that they abandoned their young children, have no interest in raising them, or chose to cut off relations with their immediate families in order to make a new life for themselves.”

It is also clear that these workers do not abandon their right to start a family and conduct family life during their period of working abroad.

Family Rights Under the various Laws:

The family rights have established the various sectors in the country. There are various Laws under the family matters such as, The Family Laws Ordinance, 1961, The Child Marriage Restraint Act,1939, The Dowry Prohibition Act,1980,The Family Court Ordinance,1985,The Muslim Family Laws Rules, 1961, The Family Courts Rules,1985, The Nari O’ Shishu Nirjaton Daman Ain,2000, The Children Act, 1974.Under this Law has been discussion the rights of the family in the society & What the punishment has been violated the family rights & to give the specifically mentioned in this law. Various Charter also discuss about the family matter & the United Nation has published the regarding rules about the family matters.

Torture & discrimination how can be removed in the family & how can be protected the family rights & what should be the children rights in the family if any person deprived their right then what punishment should be given this convicted person to give the specifically mentioned in this law. So this law must be implemented to reduce or remove the family violence in the society as well as country.

Objective of the study: Problems & solution:

There are various objectives under this research monograph. Every person has born in the family & he has risen in the family gradually. But the uneducated family does not know what should be right in the family. So the main objective of the study to find out that the many female, poor person, child has discriminate the various sectors not only the limit of the society but also extend the job sectors, School level, family in cause of dowry & deprived the all facility of the family.

The female or child has suffered the various problem such as torture, sexual harassment, juvenile delinquency, sexual offence in the family, kidnapping, abduction, prostitution, gender discrimination, traditional practice that male is always preference than female in the family. So the main objective is that how can be removed this problem from the family as well as the society.

Not only Bangladesh but also many countries suffer this problem. Illegal relationship has expend in the society & many countries has occurred ordinarily that mother has create the illegal relationship with her son, sister has created her brother, father has created her daughter which is very sinful or unlawful & totally prohibited in Islam as well as the law.

So every person should fear my Allah & respect the law to prevent this illegal relationship in the society. In another reason is that many person neglects her child & deprived her daughter & discriminate her son.

Many sons has killed her father to intoxicate because many father do not take the responsibility her child & can not make to the proper educated so they seemed that it is one kind of burden. As a result those sons has engaged the various offences & committed the crime .So they do not respect her father & mother.

They also have killed her father and mother to be intoxicated & drug addicted. Traditional practice & son preference is also cause of the violation of the family rights. So this practice has been removed in the society.

Dowry is the main problem in the society. So for the dowry has created the social phenomenon in the family & raised the bed impact in the society. As result many innocent girl has attempt to commit suicide in the family. So dowry has given & taken is totally prohibited in the society as well as the law.

Justification of the study:

My opinion is that family is the first institution in our country after born a child. But those children are deprived in various ways in the family. The female are also deprived not only their right but also suffer torture, sexual harassment, discrimination there employment etc. So I have tried to present this problem. My opinion is that this problem has been solved the public awareness, implementation of law & as regarded the equal dignity between the male & female in every sectors.

Methodology of the study:

The work will be an analytical overview. The research will mostly be on library works. It will consult the relevant law books, journal, internet facilities, judicial decisions in the relevant issue& seeking the opinion of the highly repudiate scholars in this field. For successful competition of thesis the duration will be observed as per the requirement of the university.

Literature Review:

A few books were reviewed by the proposer as mentioned herewith. All the authors identified the following persons to be entitled to protect the violation of rights in the family. Such as the government, respective the conscious people, variouse law forum agencies to come forward to removed the family violation in the contrite. The common identification of depends are mentioned by Prof. Dr. Faiz Uddin, in this book A Text Book on Islamic Law, by Khalid Rashid, in his Muslim Law, The Law Journal & variouse law related website etc.

CHAPTER – 2

THE FAMILY AND HUMAN RIGHTS

The Declaration has surely not eliminated the many attacks and violations of human rights that have been perpetrated during its 50 years in force.

Among the fundamental rights, the Declaration recognizes the Family as “the natural and fundamental group unit of society” (Art. 16). We now offer a reflection on the Rights of the Family in the context of the Universal Declaration, the fruit of a seminar in which a large group of experts in different disciplines took part.

For practical reasons and to aid their dissemination and knowledge, we are also offering the texts of the United Nations Universal Declaration of Human Rights itself and the Charter of the Rights of the Family of the Holy See in this publication. The Charter is in itself a deep reflection and development in the light of reason of what is already indicated in the Declaration. These documents are not always readily available.

The reflection we are presenting on the occasion of this fiftieth anniversary is an instrument for dialogue and a scientific exchange of ideas on themes that affect the fundamental values of the person and of society.

1) 2.1. A Meeting Point

We, a group of experts and other persons committed to the cause of the family and life, have met at the invitation of the Pontifical Council for the Family, to reflect for three days (December 14-16, 1998) on the theme: “Human Rights and the Rights of the Family”. We join with great hope in the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights, promulgated by the United Nations on December 10, 1948.
With the present document (that is limited to some considerations of particular importance and which we are pleased to offer as the basis for further, deeper considerations), we wish to recognize the Declaration’s significance and force, and go forth in the perspective both of its true universality and its complete application. We recognize the Declaration’s value and on-going capacity to inspire because we share elements of the one same truth. Sharing the truth is a necessary condition for human coexistence. We certainly do not ignore the reservations to which the Declaration may have given rise: it could favor individualism and subjectivism. In this sense, various critiques have been made of it. However, it is good to stress the great convergence between this Declaration and Christian anthropology and ethics, despite the fact that the document makes no reference to God. There is also a conceptual proximity regarding the points admitted as being natural in that they are based on the common conscience of humanity. For this reason, it is certainly not a question of rights created by the Declaration but rather of rights which it recognizes and codifies. “The Universal Declaration is very clear: it recognizes the rights it proclaims, it does not grant them” Moreover, the Declaration recognizes “the inherent dignity and the equal and inalienable rights of all the members of the human family”, and this constitutes a “meeting point” for joint reflection and action.
Out of the sufferings of war, with the deep wounds and lacerations it inflicted, and the grave attacks on the dignity of persons and peoples, humanity united to affirm “the value of the human person”, together with the due respect and protection. From all places and cultures, the nations of the world proclaimed universal truths, universal rights and universal values. Although the nations of the world are different, their delegates listened to the prompting of the spirit, the call of reason, the lessons of history, and the inclinations of the heart. Representing the peoples of the world, the nations agreed to forego ideologies and go beyond utilitarianism in order to recognize the ends grounded in the nature of each and every person. This brings in universal dynamics so that around the truth about man, many more nations than the original signers could adhere to the Declaration and, hopefully in the near future, all the nations of the world will do so.
We are aware that the “cold war” impeded application of the Declaration, but we are also aware of the great possibilities that the present era can derive from the so-called “globalization”. This means a globalization that is not limited to purely economic aspects but involves other realities and dimensions that have to converge in recognition of the dignity of the human person and pass through a whole body of ethical values that have a binding force. This will all become a reality if we discover the way to encourage the recognition and application of human rights.
In his message of November 30, 1998, John Paul II paid explicit homage to the Universal Declaration of Human Rights when he described it as “one of the most valuable and significant documents in the history of law”. The rights articulated in the Declaration constitute an integrated whole with the affirmation of the dignity of every person as its common basis. The curtailment of any right violates a person’s humanity. John Paul II has also stated—and this is a warning of great importance—that the selective use of the principles of the Declaration threatens “the organic structure of the Declaration which associates each right with other rights, duties and limits necessary for a just social order”.
For this reason, the present document is not just an “anniversary celebration” of the document published in 1948, but a call to all those who recognize the centrality of the human person and the family as the fundamental and irreplaceable nucleus capable of generating the society which will respond to the world we are hoping for. The building up of that society is a noble and difficult task of humanity.
We focused on two inseparable areas: the family and life in relation to the historic Declaration. In these areas, the document maintains all its importance and force and all the more at this time when attacks on the family’s identity, which does not allow for any alternatives or substitutes, are spreading in an alarming way, and when threats against life are multiplying, brandishing a vocabulary of apparent justice that presumes to cover over a distortion of the reality and meaning of this sacred gift.

2.2. The Role of the Family

Taking into consideration that the 1948 Declaration was inspired by firmly anchored ethical and anthropological values consolidated by convictions regarding an objective moral order which were well-grounded at that time, and that it responded to cultural, socio-economic and political circumstances in a given historical setting, we nonetheless believe that it still maintains its complete force. The Declaration’s ability remains intact to open and encourage an effective and fruitful dialogue with today’s world with its questions and challenges. It is in this perspective that the promotion of “Human Rights” should be facilitated in the face of the many aspects of the present crisis.
One aspect of fundamental importance for the promotion of human rights is recognition of the “rights of the family”. This implies the protection of marriage in the framework of “human rights” and of family life as an objective of every juridical system. The Charter of the Rights of the Family, presented by the Holy See, implies the conception of the family as a subject that includes all its members. The family is thus a whole which should not be divided up when it is being dealt with by isolating its members—not even for reasons of social substitution which, although necessary in many cases, should never put the family as a subject in a marginal position. The family and marriage need to be defended and promoted not only by the State but also by the whole of society. Both require the decisive commitment of every person because it is starting from the family and marriage that a complete answer can be given to the challenges of the present and the risks of the future.
Challenges such as threats to survival, the “culture of death”, violence, the lack of safety, under-development, unemployment, migrations, distortions by the communications media, etc., can only be tackled successfully based on a conception of human rights that are developed through the family, thereby transforming the society that is generated in and by the family.
SOCIETY: A COMMUNION OF PERSONS
We are aware that it is possible and even necessary to introduce and carry forward a dialogue based on human reason regarding society and the principles and ethical requirements that must guide human coexistence. No other way can be seen to proceed on common bases with non-believers. However, we would like to develop our reflection in a vision in which faith and reason converge. Reason is enriched when enlightened by faith, and faith makes a depth and a density possible that serve the dignity of the person and of peoples.

2.3. The Foundation of Brotherhood

The characteristics that make up man’s being have always been sought. In our century, man has been studied sufficiently on the basis of the many human sciences; nonetheless, the question, Who is man? has never been asked so insistently. This paradox has not been solved: while, on the one hand, man, his dignity, freedom, greatness and power have never been spoken about so much, on the other hand, he has never been so trampled under foot, subjected to dreadful massacres, and humiliated by violence, especially by the powerful. World wars, fratricidal wars (which every war is because “every man is my brother”) and tribal wars are a dark chapter in history, and still more the attacks made on the weakest and the innocent, a category of persons who are trampled on in so many ways. Since ancient times, it has been thought that man is characterized by his reason. Euripides thus stated that “the intellect is God in each one of us”. along the same lines, Plato and Aristotle chose reason as the distinctive human faculty. After Boethius’ well-known, “Individual substantial rations nature”, St. Thomas Aquinas continued in this direction and recognized that man is a person and that this is what is most perfect in the whole of nature: perfectissimum in omni nature. Man is a living, bodily and spiritual being; he is a structured whole. He is distinct subsistent in intellectual nature.
The concepts of person and dignity are related to one another but not identical. The person refers to being in its highest degree of perfection with its three characteristics of subsistence, spirituality and totality. Dignity refers first to a quality of being, a value that can be opposed to a counter value. Every person as such has an innate dignity that must be recognized and respected. However, the personal being, as a free and evolving being, is called to take on another dignity by developing his or her human possibilities. In this sense, a person also has an acquired dignity that is attained as one perfect in the human order.
As the image of God, man has been created through an act of love. God wanted to give man a nature that was different from the whole created order. Man stands out among the other created beings; he transcends them. We all share in existence in a personal way through God the Creator himself. As a personal creature endowed with reason and free will and called to eternal happiness, each human being reflects something of divine magnificence. This is the ultimate, indispensable foundation of our brotherhood.
The family is the pre-eminent, most favorable and irreplaceable place for the recognition and development of a personal being on its way to complete dignity. In the family the first steps in human development are taken. In it one is forged not only in the maternal uterus but, as St. Thomas points out, in a “spiritual uterus”. in this family and formational context, the process of education and promotion of a human being begins. A person who does not receive this initial promotion in the family will be greatly hampered in achieving the human fullness to which is called as a person.

2.4. The Family: the Basis of Society

Respect for human rights is necessary for the human development of persons in the community. These values include life itself, health, knowledge, work, the community and religion. Above all, “the family is in fact a community of persons whose proper way of existing and living together is communion: communion personarum”. The values essential to the family can only be achieved when a man and a woman give themselves to one another totally in marriage, a community of love and life, and are willing to fully accept the gift of new life in procreation and in education. Parents give that new life a home in which the child can grow and develop. All the rights that are necessary by nature for the development of the person in his/her wholeness become real in the family in the most effective way. The family, by its very nature, is a subject of rights, the foundational element of human society, and the most necessary force in the full development of the human person. The importance of the family’s social mediation is undeniable. This is something that maintains all its value, despite the changes that have affected the family over the course of history.
Since all men are persons, the Holy Father has defined the fundamental institution of society as a “communion personarum”. “The family is indeed—more than any other human reality—the place where an individual can exist ‘for himself’ through the sincere gift of self. This is why it remains a social institution which neither can nor should be replaced: it is the ‘sanctuary of life'”. Consequently, to promote this existential project in a human being means first of all to recognize his reality as a person and his innate dignity. To achieve this end, it is becoming increasingly necessary to give value to the family and to the different members who comprise it.
THE PERSON: HISHER DIGNITY AND RIGHTS

3.1. Dignity and Equality

The concept of the dignity of a human being must always be the key to interpreting the 1948 Declaration. This is mentioned in the first paragraph of the Preamble, taken up in the first article, and subsequently repeated throughout the whole Declaration. All the affirmations, principles and rights mentioned in the Declaration were written and must be interpreted in the light of the dignity of a human being.
The Declaration gathers up the fruits of humanity’s historical heritage. Moreover, the Christian understanding of man makes it possible to arrive at a deeper foundation of this reality by making it known that man is the only being who has worth in himself and not only by reason of the species. Furthermore, man has been created in the image and likeness of God (Gn 1:27) and thus endowed with an absolute value. The human creature is wanted and loved by God as an end in itself. Therefore; man is not an instrument, a means or something that can be manipulated.
The Universal Declaration begins by affirming that it recognizes the innate dignity of all the members of the human family as well as the equality and inalienability of their rights. It thereby records that this dignity is a reality that emanates from man’s essence, i.e., from his nature. Therefore, this is a reflection of the substantial and spiritual reality of the human person and not a creation of the human will a concession by public authorities, or a product of cultures or historical circumstances.
In the Declaration, the dignity of the human being is put in relation to the reason and conscience with which the human being is endowed and thus to his free will. The Encyclical Pacem in Terris (1963) also expressly emphasizes this. In this way it is made clear that dignity is not a generic, a merely formal or an empty concept but a meaningful one, as the subsequent articles of the Declaration specify: that is, the dignity and the possibility of every real person to achieve his/her own personality and rights, not in an abstract way but concretely, as a woman or man, wife or husband, child or parent.
On the other hand, the Declaration affirms and recognizes the full equality of every person 26 and hence prohibits all forms of discrimination or limitations of one’s rights on the basis of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. This equality is also shown clearly by recognizing that every person is entitled to rights at every stage of his/her development and at every moment of his/her existence.

3.2. Every Human Being

Every human being possesses this dignity, as affirmed by the Declaration in which almost every article begins with expressions such as “every human being”, “every member of the human species”, “every human individual without any distinction”, etc. The enumeration of the rights and duties which the Declaration includes thus offers both juridical and ethical guidelines that make it possible to focus on many human situations, both those which existed at the time the Declaration was written, and those brought about by the subsequent social changes and innovations introduced through the development of technology, the economy, and political institutions within States.
Everything that is stated about the dignity, rights and duties of the human being holds equally for men and for women. The common dignity of men and women and their reciprocity is the authentic basis for affirming their complete dignity. Reciprocity implies in fact that there is neither a static and undifferentiated equality between men and women, nor an inexorable and irreconcilable confliction distinction.

3.3. Work and the Family

As both a right and a duty, works expresses and fulfills the dignity of human beings. It demonstrates their ability to dominate the world around them; it contributes to the development of their personality, and makes the growth of civilization possible. The whole of society and the organizations and policies of the States must generate conditions that will lead to making it possible for everyone to work. We cannot forget that “work constitutes a foundation for the formation of family life, which is a natural right and something that man is called to. These two spheres of values—one linked to work and the other consequent on the family nature of human life—must be properly united and must properly permeate each other. In a way, work is a condition for making it possible to found a family, since the family requires the means of subsistence which man normally gains through work”.
The specific contribution that a father and a mother offer through their work to society should be recognized. What a mother contributes to the family and through it to society deserves greater attention; moreover, this has attracted the attention of some of the most distinguished thinkers of our times. This specifically maternal contribution can be seen more obviously in the area of up-bringing, health, education, religious formation and all the activities that affect the well being of the family and its members. John Paul II has stressed the importance of this contribution many times. Naturally, emphasis on the mother’s contribution should not overshadow the importance of the father’s specific contribution because their contributions are complementary.
Concretely, in a family, a man and a woman complement one another’s work and cooperate with one another for the full realization of their conjugal life and the upbringing and well being of their children. Keeping in mind that motherhood—together with fatherhood—is part of the most excellent gift from the Creator to humankind, namely, the transmission of life, the organization of society and the laws of the States should make it possible for the structure and the remuneration of work to aid women in fulfilling their vocation as mothers, and in the gestation and up-bringing of their children.
THE RIGHT TO LIFE

4.1. The Key to the Other Rights

The affirmation of the dignity of every human being has as its immediate and fundamental consequence the fundamental right to life which is recognized in article 3 of the Declaration: “Everyone has the right to life, liberty and the security of person”. Human beings have this right from the very moment their existence begins, i.e., from the moment of conception and not only from birth.
From the first instant of his conception, man received his personal reality from God. The person has a dignity in his being that is innate: that is, both the person and his dignity are situated on the ontological plane. It does not matter what manifestations man may have during the course of his evolution; from the moment of his conception, he is always a person whose dignity must be recognized in every circumstance of his existential process.
First of all, man has the right to life, the fundamental key to all the other rights as an inviolable right that is guaranteed and protected in every situation, not only by State laws and policies, but also through a real culture of life, “for no offense against the right to life, against the dignity of any single person, is ever unimportant”. This is a right that is fundamental, in the strongest meaning of the term, because the other rights would lose their consistency through the lack of a subject and support. A distinction must be made between a fundamental right and its value and nobility. There are other rights that take on a greater height and nobility to the point that it is right and licit to give or risk one’s life for them.

4.2. Protection Before and After Birth

Article 3 of the 1948 Declaration states that “Everyone has the right to life”. This principle was developed by the Declaration on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1959, whereby “a child, because of its lack of physical and mental maturity, requires special protection and care, including due legal protection both before and after birth”. This same statement was later incorporated into the “Preamble” of the Convention on the Rights of the Child, approved by the United Nations General Assembly on November 20, 1989.
This should be considered a fundamental principle of the system of international protection of human rights (ius cogens ) since it is undoubtedly incorporated into the common conscience of the subjects of the international community.
International Law thereby affirms a principle of the Roman-canonical juridical tradition whereby the unborn human individual exists as a person. The rights of the unborn and their personality were already formulated by Ulpian, Justinian, Gratian and other teachers of law since ancient times. Judaic, Christian and Moslem thought converge along these lines.
On the other hand, any legislative attempt that presumes to encourage the “right” to abortion or other forms of negating unborn life clashes with what has matured in international legislation. Such legislation is called upon to coherently “guarantee to the unborn the right to come into the world, in the same way to protect the newly born, especially girls, from the crime of infanticide; …to assure the handicapped that they can fully.
The unborn child has a right to be identified by its parents’ name, to its heritage, and thus entitled to protection of its identity.
The unborn child has a right to a standard of life sufficient for its full psycho-physical, spiritual, moral and social development, even in the event that its parents’ marriage bond is broken.
Parents have the primary responsibility of raising and educating their children in order to ensure their integral development and an adequate level of social, spiritual, moral, physical and mental well being in order to achieve this. For this purpose, both the laws and the services of the State are called on to cooperate in giving the family adequate support.
In conformity with the principle of subsidiary, only when the family is not in a position to protect the interests of the unborn child to a sufficient degree shall the State have the duty to provide special measures for its protection, in particular: assistance to the mother before and after delivery, the cura ventris, prenatal adoption and guardianship. Similarly, the State can only intervene in family life when the dignity of the child and its fundamental rights are seriously endangered, taking solely into consideration “the child’s higher interest”, without any form of discrimination.
By reason of their particular condition and the abuses to which they are exposed, girls and young women require special provisions for their protection.
Like all handicapped persons, handicapped children are all the more entitled to the protection and assistance required by their condition. Therefore, the State should help the family to accept the handicapped, favor their integration into society, and to let them benefit from the special provisions for their condition so that they can fully enjoy all their fundamental rights.
The task of deepening the meaning of the right to adoption is very topical, while always keeping in mind that “the best interests of the child shall be the paramount consideration”, without mixing this with other kinds of consideration, as noble as they may seem. In the light of this higher interest, the categorical rejection must be confirmed of the alleged right to adoption by “de facto unions”, and especially by same sex unions. In such cases, the child’s integral formation would be seriously jeopardized.
SOLIDARITY AND BROTHERHOOD

5.1. Participation and Freedom

The Universal Declaration of Human Rights exhorts all human beings to act towards one another in a spirit of brotherhood. In this statement; the document is in harmony with Christian social thought and its defense of human solidarity. As fully entitled members of the human family, every man and every woman has the right and responsibility to participate in social, political and cultural life locally, nationally and internationally. The human person participates in the human family by his very nature. Our humanity is shared and the fact that we are persons binds us to the rest of the human community in an immediate and irrevocable way. By virtue of the bonds of solidarity and brotherhood, we can speak about a human family, the family of peoples.
For participation to achieve its full meaning, it must be consciously practiced and chosen. The social virtue of solidarity is the will to participate in the search for social justice. It should not be forgotten that “the exercise of solidarity within each society is valid when its members recognize one another as persons”. This implies that “those who are more influential, because they have a greater share of goods and common services, should feel responsible for the weaker and be ready to share with them all they possess. Those who are weaker, for their part, in the same spirit of solidarity, should not adopt a purely passive attitude or one that is destructive of the social fabric, but, while claiming their legitimate rights, should do what they can for the good of all”. Solidarity therefore means accepting our social nature and affirming the bonds we share with all our brothers and sisters. Solidarity creates a context in which mutual service is favored. Solidarity creates the social conditions for the respect and support of human rights. The ability to recognize and accept the whole range of rights and corresponding obligations that are based on our social nature can only be exercised in an atmosphere enlivened by solidarity. This also holds in the light of the growing interdependence which “must be transformed into solidarity, based upon the principle that the goods of creation are meant for all”.

5.2. Commitment to the Weakest

Our solidarity with the whole human family implies a special commitment to the most vulnerable and marginalized. They should be a privileged category for the love and care of others. The natural unity of the human family cannot be fully achieved when peoples are suffering from poverty, discrimination, oppression and social alienation that lead to isolation and detachment from the community at large.
However, our commitment in love must be voluntary if it is to be virtuous. In a special way, solidarity urges us to seek relations that tend toward equality on the local, national and international levels. All the members of the human community should be incorporated in the fullest way possible into the circuits of productive and creative relations.
The peoples of the Third World in particular have suffered the onslaughts of the enemies of life and thus deserve our special attention. Diseases such as AIDS, malaria, etc., crop failures, drought, war, famine and corruption continue to sow innocent victims in many countries. These ills impede the peoples’ full development and productivity and keep them from joining the rest of the human family on an equal footing. Frequently, production and economic growth in production take place leaving these peoples aside. Solidarity requires the international community to continue working to achieve global strategies that lead to combating disease and hunger and to promoting authentic human development. The normative dimension of solidarity requires us to make an effort to set up relations with the developing countries that aim at equality. In this process, however, those who enjoy the privileges of overabundance have a corresponding obligation: namely, to give generously so as to put the less fortunate in a position to achieve standards of life by themselves which are in accordance with human dignity.
However, it is necessary to proceed with caution so that interventions in foreign countries will be respectful of the integrity of local cultures and economies. Too often, in the name of solidarity, foreign aid goes to corrupt governments and does not reach those who need it most. Moreover, many forms of intervention create local distortions that give rise to dependence rather than equal conditions by destroying the means for self-sufficiency. The aid programs in the name of solidarity should be designed in such a way as to integrate solid economic, cultural and political principles into the logic of solidarity. In this way, solidarity will make a significant unity of peoples possible in the context of human diversity.

5.3. Solidarity between Men and Women

As the first natural community, the family is the exemplary place for solidarity. In the family human beings gradually become aware of their dignity, acquire a sense of responsibility, and learn to give attention to others. In the family, solidarity develops beyond the spouses’ love relation and extends to the relations between parents and children, siblings, and inter-generational relations.
The true communion of solidarity incorporates and is built on the reciprocity of the genders. Men and women share the benefits and burdens of solidarity equally. They are complementary: “God created man in his image; in the divine image he created him; male and female he created them” (Gn 1:27). In order to manifest that human beings are the image of the Trinitarian God, they must unfold their existence according to two complementary modes: the masculine and the feminine. Human existence is thus sharing in the existence of a God who is a communion of love.
Equal dignity does not mean undifferentiated uniformity. Having been called by the Creator to live in relations of communion, reciprocity and solidarity, men and women contribute in an original way to the family and to society. A true “culture of equality” is one which accepts and respects the original contributions of both men and women.
As persons, men and women share fundamental common dimensions and values. In each of them, however, the values are different in strength, interest and emphasis, and such diversity becomes a source of enrichment. Therefore, solidarity is fully achieved when women and men cooperate with one another in reciprocal and complementary relations.
THE RIGHTS OF THE FAMILY AND SUBSIDIARITY

6.1. The Right to Family

The family is the fundamental and natural unit of society and requires the full protection of the state. Human rights law upholds the positive right of all peoples to marry and found a family. It upholds the ideal of equal and consenting marriage and tries to guard against abuses which undermine these principles. It is not prescriptive as to the types of families and marriages that are acceptable, recognizing tacitly that there are many different forms of social arrangements around the world.

The family unit can be made vulnerable to social, economic, and political pressures. Human rights law seeks to bolster the family unit by specifying state obligations to keep families together and to reunify them when they have become separated e.g. as a result of refugee crises. It insists on maternity rights for mothers to allow time and space for the bond to develop between mother and child. It also prescribes detailed standards for the treatment of children who lack parental care and require state intervention and the provision of foster care or adoption.

Rights at Stake

6.2. Right to marry and found a family

Whether these rights apply to same-sex couples has become a matter of discussion in recent times. Although human rights law does not make explicit reference to this, a number of its provisions concerning the right to marry and have a family, right to equality and non-discrimination etc. can be interpreted to mean that gay and lesbian couples should enjoy the protection of human rights law.

6.3. Equal rights of men and women in the family

Human rights law asserts the equal rights and responsibilities of both men and women at marriage, during the marriage and at its dissolution. However, in many countries round the world, women do not have equal status compared to men in marital and family life. Laws and practices governing the status of women in the family often circumscribe their role in the unit and their legal capacity. The status of women is often determined by their relationship to male family members and may affect their rights and entitlements e.g. right to inherit family property. In some countries, women’s rights in various areas e.g. nationality and citizenship are curtailed or denied by law upon entering a marriage.

6.4. Right to give full and free consent to marriage

Human rights treaties say that no marriage should be entered into unless consent is freely given by the intending spouses. Forced marriages for economic or cultural reasons continue to be practiced in many countries in the world today. Forced marriage of girls under 18 is an area of particular concern. Child marriage is a human rights violation under a variety of human rights. Studies have shown the health risks and prevalence of domestic violence linked to early marriage. There are a number of human rights campaigns aimed at preventing early and forced marriage of children. States are also required by a 1965 treaty to specify a minimum age for marriage. It does not stipulate a minimum age. Nor does the UN Convention on the Rights of the Child which defines a child as all persons under 18 but allows states to specify their own age limits for different matters under national law .

6.5. Right to family planning

This right of individuals to freely determine the number and spacing of their children has been recognized by major UN conferences on population and development in Tehran in 1968 and in Cairo in 1994. However, the right has not been enshrined in a legally binding human rights treaty and the whole issue of family planning remains a controversial one for a variety of reasons: fear of coercive family planning programmes ; idea that family planning promotes promiscuity; abortion debate and status of the unborn child.

6.6. Rights of children to parental care

The right of children to parental care is specifically protected in children’s rights treaties and governs the obligations of states to ensure children are not separated from the parents without a due judicial process, and to provide support for the parent and family unit. Provisions governing maternity rights no doubt stem from the basic principle that the fundamental bond between mother and child should be supported. A number of treaties emphasis the need to states to provide extra provision for pregnant women, to allow them maternity leave before and after childbirth which is either paid leave or leave with adequate social security benefits.

Human rights law lays down a number of standards governing the treatment of children who do not have parents and covers such issues as fostering, adoption, inter-country adoption. At the heart of these principles is the need to ensure the best interests of the child are met and to guard against the exploitation and abuse of this especially vulnerable category of children. The duty of parents to ensure provisions are made for children at the dissolution of a marriage is also prescribed.

6.1. Right to family reunification

Where parents and children are residing in different countries, states are obliged to facilitate contacts and deal with requests to enter or leave a state party for the purpose of reunification in a humane and expeditious manner. Such rights are only to be restricted for reasons of national security and public order. This is a particularly important right for refugees and special procedures exist in most countries to reunify refugee parents with their children. Human rights treaties oblige states to take special measures to trace the parents of an unaccompanied refugee child and to reunite them together.

6.7. Civil Society, Political Society

The Church recognizes and supports the State’s indispensable duty to defend and promote human rights. Political institutions have the natural responsibility to provide a fair juridical framework so that all the social communities can cooperate in achieving the common good. The principle of subsidiarity itself is a principle of the common good. This common good has to be considered on the broadest level as being universal. Therefore, human rights—and especially the rights of the family—can only develop by acting in conformity with solidarity. “The teaching of the Church has elaborated the principle of subsidiarity, according to which ‘a community of a higher order should not interfere in the internal life of a community of a lower order, depriving the latter of its functions, but rather should support it in case of need and help to coordinate its activity with the activities of the rest of society, always with a view to the common good’
The Universal Declaration not only explicitly recognizes the distinction between the society and the State, but it also gives value to the contribution to the common good by many communities that make up what Tocqueville called “civil society” in contrast with “political society”. The raison d’être of political society is the exercise of power with recourse to coercion, if necessary. It is for this reason that the exercise of power should be strictly controlled by constitutional rules. The State cannot intervene in the areas where the initiative of individuals, communities and undertakings is sufficient.
This distinction confirms the well-grounded principle of subsidiarity. Whereas political society has constant recourse to power, its agents and rules, civil society makes use of affinities, voluntary alliances and natural forms of solidarity. This distinction thus clarifies the rich reality of the family: it is the central nucleus of civil society; it surely has an important economic role but its roles are many and, above all, it is a community of life, a natural community. Moreover, since it is founded on marriage, it presents a cohesion that is not necessarily found in the intermediate bodies.
During the last decades, a negative impact has been produced because the family has suffered the same attacks which the State has made on other intermediate bodies by suppressing them and trying to govern them in its own image. When the State claims the power to regulate family bonds and emits laws that do not respect this natural community, which is prior to the State, it is feared that the State may make use of families in its own interests, and instead of protecting them and defending their rights, it will weaken or destroy them in order to dominate peoples.
The Universal Declaration warns about these deviations. It recognizes the right of a man and a woman to marry and to found a family. In line with the teaching of the Second Vatican Council, Pope John Paul II recalled that the family is the “first and living cell of society”. The Declaration emphasizes that this “fundamental and natural” cell requires the protection not only of the State but also of society. Therefore, the Declaration promotes the development of the family in the midst of other communities, while stressing the unique character of this natural institution.

6.8. The Family, First Educator

The Declaration also recognizes the right to private property not only as individuals but also in association with others. It recognizes the right to religious freedom, including the right of believers to associate with others in worship and education. Lastly, the Declaration emphasizes the fact that parents have the right to choose and guide their children’s education.
In this regard, it is good to recall that the family’s educational mission has its normal complement in the educational institutions. Parents “share their educational mission with other individuals or institutions, such as the Church and the State. But the mission of education must always be carried out in accordance with a proper application of the principle of subsidiarity”. It should not be forgotten that “all other participants in the process of education are only able to carry out their responsibilities in the name of the parents, with their consent and, to a certain degree, with their authorization”.
Naturally, as many psycho-pedagogical studies indicate, a child’s early years are decisive in the subsequent formation of its personality. Therefore, the fact that parents can entrust their children to educational institutions of their choice is not only of interest to the children but also to society.
Nonetheless, as the example of many countries indicates, including countries that are considered “developed”, an effective means of destroying the family consists in depriving it of its educational function under the false pretext of giving all children equal opportunities. In this case, the “rights of children” are invoked against the rights of the family. The State often invades areas proper to the family in the name of democracy which ought to respect the principle of subsidiary. We find ourselves before an omnipresent and arbitrary political power. The State or other institutions appropriate the right to speak on behalf of the children and remove them from the context of the family. As so many unfortunate past and present experiences reveal, the ideal for a dictatorship would be to have children without families. All attempts to substitute the family have failed.

6.9. Defend the Sovereignty of the Family

Today the family needs special protection by the public authorities. While the family has been oppressed by the State at times, now the family also finds itself exposed to attacks by private groups of non-governmental organizations, transnational bodies and public organizations. The State has the responsibility to defend the sovereignty of the family because it constitutes the fundamental nucleus of the social fabric.
Moreover, to defend the sovereignty of the family is to contribute to the sovereignty of nations. Today, in the name of ideologies of Malthusian, hedonist and utilitarian inspiration, the family is the victim of forms of aggression that go as far as to question its existence. The communications media propagate the total separation of the unitive and procreative purposes of the conjugal union and trivialize multiple pre and para-marital sexual experiences, thereby weakening the family institution. In various countries, the average age at marriage has increased significantly as well as the age when women have their first child. The number of marriages that end in divorce has reached alarming proportions. The “broken and recomposed” families, for which children suffer very much, generate poverty and marginalization. There is a contrast between the recognized primary and decisive role of the family (very significant in many surveys), and the neglect and hostility to which the family institution is subjected and the erosion the family is suffering in some regions and nations.
What is worse is that under the impulse of international public organizations, presumably “new models” of the family are being put forth which include single parent homes and even homosexual unions. Some international UN agencies, supported by powerful lobbies, wish to impose “new human rights” on sovereign nations, such as “reproductive rights”, which include access to abortion, sterilization, easy divorce, a “lifestyle” for young persons that favors the trivialization of sex, and the weakening of parents’ lawful authority in their children’s education.
While an exacerbated liberal individualism is exalted together with a subjectivist ethic that encourages the unbridled search for pleasure, the family also suffers the resurgence of new expressions of Marxist socialism. One tendency which appeared at the Beijing Conference (1995), presumes to introduce the “gender ideology” into the culture of peoples. This ideology affirms, among other things, that the greatest form of oppression is man’s oppression of woman, and that this is institutionalized in monogamous marriage. The ideologists then conclude that in order to end this oppression, it is advisable to put an end to the family based on monogamous marriage. Marriage and the family, rooted in the heterosexual union, are allegedly the products of a culture that appeared at a precise moment in history but which ought to disappear so that women can be freed and occupy their rightful place in productive society.
We are aware that the Holy Father, and in following his footsteps the Pontifical Council for the Family, have already spoken out many times about these ideologies which are not only anti-life and anti-family but also destructive of nations. On the threshold of the third millennium, the pastoral care of life that is received and transmitted generously in the family, stands out as a priority need for the Jubilee Year: “Each family, in some way, should be involved in the preparation for the Great Jubilee. Was it not through a family, the family of Nazareth, that the Son of God chose to enter into human history?”.
The various rights of individuals and communities mutually reinforce a culture of freedom in which human beings can contribute to the common good. In fact, the Universal Declaration of Human Rights affirms in many ways that human beings are perfected through individual initiative, private associations and political engagement for the sake of the common good. The Declaration, for example, recognizes the right to intellectual property, whereby the invention, distribution and use of knowledge are not merely or solely achievements of the State. As John Paul II observed, “man’s principal resource is man himself”. The Universal Declaration wisely recognizes that an essential part of the freedom of association —which includes freedom to associate in labor unions —is the right whereby individuals cannot be compelled by the State to join an association. All these rights, which individuals and private associations enjoy, are vital for the development of “civil society”. They constitute a safeguard against totalitarianism.
The practical recognition of the rights of the institution of the family in the framework of the development of human rights cannot ignore the original words, the end and the spirit of the 1948 Universal Declaration of Human Rights. The Declaration recognizes in the natural institution of marriage a mutual self-giving in love between a man and a woman—which constitutes a stable union open to the procreation and education of their offspring—as the principal foundation of the family. We call upon all peoples and nations to give careful attention to the norms of the Universal Declaration and not to curtail their beneficial and salutary protection.
“The future of humanity passes through the family”. For this reason, it is in the treatment that peoples give to the family through recognition of its fundamental, irreplaceable value or, on the contrary, through the various forms of neglect, hostility and harassment that hinder its mission that the future of humanity will pass.

The author is opinion that family is the first education in our society. So every person respect their parents & also respect there wife. So there is no discriminate in family rights. Every sector such as a company has appointed the female & must be respect there activities & performed the equal salary not discriminate there actual right.

CHAPTER – 3

UNIVERSAL DECLARATION OF HUMAN RIGHTS UNDER THE FAMILY SYSTEM

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, co lour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 16

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending spouses.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 23

Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, and housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.

Article 23

Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, and housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.

INSTITUTIONS AND AUTHORITIES

CONCERNED WITH THE MISSION OF THE FAMILY

IN TODAY’S WORLD

The Holy See, in presenting this Charter, desired by the representatives of the World Episcopate, makes a special appeal to all the Church’s members and institutions, to bear clear witness to Christian convictions concerning the irreplaceable mission of the family, and to see that families and parents receive the necessary support and encouragement to carry out their God-given task. At the same time the Holy See confidently proposes this document to the attention of intergovernmental international organizations which, in their competence and care for the defense and promotion of human rights, cannot ignore or permit violations of the fundamental rights of the family.

CHARTER

OF THE RIGHTS OF THE FAMILY

Preamble

The rights of the person, even though they are expressed as rights of the individual, have a fundamental social dimension which finds an innate and vital expression in the family;
the family is based on marriage, that intimate union of life in complementarity’s between a man and a woman which is constituted in the freely contracted and publicly expressed indissoluble bond of matrimony and is open to the transmission of life;
marriage is the natural institution to which the mission of transmitting life is exclusively entrusted;
the family, a natural society, exists prior to the State or any other community, and possesses inherent rights which are inalienable;
the family constitutes, much more than a mere juridical, social and economic unit, a community of love and solidarity, which is uniquely suited to teach and transmit cultural, ethical, social, spiritual and religious values, essential for the development and well-being of its own members and of society;
the family is the place where different generations come together and help one another to grow in human wisdom and to harmonize the rights of individuals with other demands of social life;
the family and society, which are mutually linked by vital and organic bonds, have a complementary function in the defense and advancement of the good of every person and of humanity;
the experience of different cultures throughout history has shown the need for society to recognize and defend the institution of the family;
society, and in a particular manner the State and International Organizations, must protect the family through measures of a political, economic, social and juridical character, which aim at consolidating the unity and stability of the family so that it can exercise its specific function;
the rights, the fundamental needs, the well-being and the values of the family, even though they are progressively safeguarded in some cases, are often ignored and not rarely undermined by laws, institutions and socio-economic programs;
many families are forced to live in situations of poverty which prevent them from carrying out their role with dignity;
the Catholic Church, aware that the good of the person, of society and of the Church herself passes by way of the family, has always held it part of her mission to proclaim to all the plan of God instilled in human nature concerning marriage and the family, to promote these two institutions and to defend them against all those who attack them;
the Synod of Bishops celebrated in 1980 explicitly recommended that a Charter of the Rights of the Family be drawn up and circulated to all concerned; the Holy See, having consulted the Bishops’ Conferences, now presents this “Charter of the Rights of the Family” and urges all States, International Organizations, and all interested Institutions and persons to promote respect for these rights, and to secure their effective recognition and observance.

Article 1

All persons have the right to the free choice of their state of life and thus to marry and establish a family or to remain single.

a) Every man and every woman, having reached marriageable age and having the necessary capacity, has the right to marry and establish a family without any discrimination whatsoever; legal restrictions to the exercise of this right, whether they be of a permanent or temporary nature, can be introduced only when they are required by grave and objective demands of the institution of marriage itself and its social and public significance; they must respect in all cases the dignity and the fundamental rights of the person.
b) Those who wish to marry and establish a family have the right to expect from society the moral, educational, social and economic conditions which will enable them to exercise their right to marry in all maturity and responsibility.
c) The institutional value of marriage should be upheld by the public authorities; the situation of non-married couples must not be placed on the same level as marriage duly contracted.

Article 2

Marriage cannot be contracted except by free and full consent duly expressed by the spouses.

a) With due respect for the traditional role of the families in certain cultures in guiding the decision of their children, all pressure which would impede the choice of a specific person as spouse is to be avoided.
b) The future spouses have the right to their religious liberty. Therefore to impose as a prior condition for marriage a denial of faith or a profession of faith which is contrary to conscience, constitutes a violation of this right.
c) The spouses, in the natural complementarily which exists between man and woman, enjoy the same dignity and equal rights regarding the marriage.

Article 3

The spouses have the inalienable right to found a family and to decide on the spacing of births and the number of children to be born, taking into full consideration their duties towards themselves, their children already born, the family and society, in a just hierarchy of values and in accordance with the objective moral order which excludes recourse to contraception, sterilization and abortion.

a) The activities of public authorities and private organizations which attempt in any way to limit the freedom of couples in deciding about their children constitute a grave offense against human dignity and justice.
b) In international relations, economic aid for the advancement of peoples must not be conditioned on acceptance of programs of contraception, sterilization or abortion.
c) The family has a right to assistance by society in the bearing and rearing of children. Those married couples who have a large family have a right to adequate aid and should not be subjected to discrimination.

Article 4

Human life must be respected and protected absolutely from the moment of conception.

a) Abortion is a direct violation of the fundamental right to life of the human being.
b) Respect of the dignity of the human being excludes all experimental manipulation or exploitation of the human embryo.
c) All interventions on the genetic heritage of the human person that are not aimed at correcting anomalies constitute a violation of the right to bodily integrity and contradict the good of the family.
d) Children, both before and after birth, have the right to special protection and assistance, as do their mothers during pregnancy and for a reasonable period of time after childbirth.
e) All children, whether born in or out of wedlock, enjoy the same right to social protection, with a view to their integral personal development.
f) Orphans or children who are deprived of the assistance of their parents or guardians must receive particular protection on the part of society. The State, with regard to foster-care or adoption, must provide legislation which assists suitable families to welcome into their homes children who are in need of permanent or temporary care. This legislation must, at the same time, respect the natural rights of the parents.
g) Children who are handicapped have the right to find in the home and the school an environment suitable to their human development.

Article 5

Since they have conferred life on their children, parents have the original, primary and inalienable right to educate them; hence they must be acknowledged as the first and foremost educators of their children.

a) Parents have the right to educate their children in conformity with their moral and religious convictions, taking into account the cultural traditions of the family which favor the good and the dignity of the child; they should also receive from society the necessary aid and assistance to perform their educational role properly.
b) Parents have the right to freely choose schools or other means necessary to educate their children in keeping with their convictions. Public authorities must ensure that public subsidies are so allocated that parents are truly free to exercise this right without incurring unjust burdens. Parents should not have to sustain, directly or indirectly, extra charges which would deny or unjustly limit the exercise of this freedom.
c) Parents have the right to ensure that their children are not compelled to attend classes which are not in agreement with their own moral and religious convictions. In particular, sex education is a basic right of the parents and must always be carried out under their close supervision, whether at home or in educational centers chosen and controlled by them.
d) The rights of parents are violated when a compulsory system of education is imposed by the State from which all religious formation is excluded.
e) The primary right of parents to educate their children must be upheld in all forms of collaboration between parents, teachers and school authorities, and particularly in forms of participation designed to give citizens a voice in the functioning of schools and in the formulation and implementation of educational policies.
f) The family has the right to expect that the means of social communication will be positive instruments for the building up of society, and will reinforce the fundamental values of the family. At the same time the family has the right to be adequately protected, especially with regard to its youngest members, from the negative effects and misuse of the mass media.

Article 6

The family has the right to exist and to progress as a family.

a) Public authorities must respect and foster the dignity, lawful independence, privacy, integrity and stability of every family.
b) Divorce attacks the very institution of marriage and of the family.
c) The extended family system, where it exists, should be held in esteem and helped to carry out better its traditional role of solidarity and mutual assistance, while at the same time respecting the rights of the nuclear family and the personal dignity of each member.

Article 7

Every family has the right to live freely its own domestic religious life under the guidance of the parents, as well as the right to profess publicly and to propagate the faith, to take part in public worship and in freely chosen programs of religious instruction, without suffering discrimination.

Article 8

The family has the right to exercise its social and political function in the construction of society.

a) Families have the right to form associations with other families and institutions, in order to fulfill the family’s role suitably and effectively, as well as to protect the rights, foster the good and represent the interests of the family.
b) On the economic, social, juridical and cultural levels, the rightful role of families and family associations must be recognized in the planning and development of programs which touch on family life.

Article 9

Families have the right to be able to rely on an adequate family policy on the part of public authorities in the juridical, economic, social and fiscal domains, without any discrimination whatsoever.

a) Families have the right to economic conditions which assure them a standard of living appropriate to their dignity and full development. They should not be impeded from acquiring and maintaining private possessions which would favor stable family life; the laws concerning inheritance or transmission of property must respect the needs and rights of family members.
b) Families have the right to measures in the social domain which take into account their needs, especially in the event of the premature death of one or both parents, of the abandonment of one of the spouses, of accident, or sickness or invalidity, in the case of unemployment, or whenever the family has to bear extra burdens on behalf of its members for reasons of old age, physical or mental handicaps or the education of children.
c) The elderly have the right to find within their own family or, when this is not possible, in suitable institutions, an environment which will enable them to live their later years of life in serenity while pursuing those activities which are compatible with their age and which enable them to participate in social life.
d) The rights and necessities of the family, and especially the value of family unity, must be taken into consideration in penal legislation and policy, in such a way that a detainee remains in contact with his or her family and that the family is adequately sustained during the period of detention.

Article 10

Families have a right to a social and economic order in which the organization of work permits the members to live together, and does not hinder the unity, well-being, health and the stability of the family, while offering also the possibility of wholesome recreation.

a) Remuneration for work must be sufficient for establishing and maintaining a family with dignity, either through a suitable salary, called a “family wage,” or through other social measures such as family allowances or the remuneration of the work in the home of one of the parents; it should be such that mothers will not be obliged to work outside the home to the detriment of family life and especially of the education of the children.
b) The work of the mother in the home must be recognized and respected because of its value for the family and for society.

Article 11

The family has the right to decent housing, fitting for family life and commensurate to the number of the members, in a physical environment that provides the basic services for the life of the family and the community.

Article 12

The families of migrants have the right to the same protection as that accorded other families.

a) The families of immigrants have the right to respect for their own culture and to receive support and assistance towards their integration into the community to which they contribute.
b) Emigrant workers have the right to see their family united as soon as possible. c) Refugees have the right to the assistance of public authorities and International Organizations in facilitating the reunion of their families.

In my opinion that, under this Article is related with the family rights. The various Charter& United Nation has established the women rights. The United Nation have discuss the family matter & how can be exercised the rights in the family. The United Nation & various Article can be implemented to reduce the violation of rights in the family & how can be developed in the society not only the economically but also the all sector to live together in the family in create among other moral behavior .Actually the various charter and the various organization should be more consciousness, careful to arrange some seminar etc to encourage the family stop the family violation & torture or negligence on the children, wife .

CHAPTER – 4

Women and Violence in the Family

Violence affects the lives of millions of women worldwide, in all socio-economic and educational classes. It cuts across cultural and religious barriers, impeding the right of women to participate fully in society.

Violence against women takes a dismaying variety of forms, from domestic abuse and rape to child marriages and female circumcision. All are violations of the most fundamental human rights.

4.1. Incest, Rape and Domestic Violence

Some females fall prey to violence before they are born, when expectant parents abort their unborn daughters, hoping for sons instead. In other societies, girls are subjected to such traditional practices as circumcision, which leave them maimed and traumatized. In others, they are compelled to marry at an early age, before they are physically, mentally or emotionally mature.

Women are victims of incest, rape and domestic violence that often lead to trauma, physical handicap or death.

And rape is still being used as a weapon of war, a strategy used to subjugate and terrify entire communities. Soldiers deliberately impregnate women of different ethnic groups and abandon them when it is too late to get an abortion.

The Platform for Action adopted at the Fourth World Conference on Women declared that rape in armed conflict is a war crime — and could, under certain circumstances, be considered genocide.

Secretary-General Boutros-Ghali told the Beijing Conference that more women today were suffering directly from the effects of war and conflict than ever before in history.

“There is a deplorable trend towards the organized humiliation of women, including the crime of mass rape”, the Secretary-General said. “We will press for international legal action against those who perpetrate organized violence against women in time of conflict.”

A preliminary report in 1994 by the Special Reportuer, Ms. Radhika Coomaraswamy, focused on three areas of concern where women are particularly vulnerable: in the family (including domestic violence, traditional practices, infanticide); in the community (including rape, sexual assault, commercialized violence such as trafficking in women, labour exploitation, female migrant workers etc.); and by the State (including violence against women in detention as well as violence against women in situations of armed conflict and against refugee women).

In the Platform for Action adopted at the Beijing Conference, violence against women and the human rights of women are 2 of the 12 critical areas of concern identified as the main obstacles to the advancement of women.

4.2. Defining Gender-based Abuse

The Declaration on the Elimination of Violence against Women is the first international human rights instrument to exclusively and explicitly address the issue of violence against women. It affirms that the phenomenon violates, impairs or nullifies women’s human rights and their exercise of fundamental freedoms.

The Declaration provides a definition of gender-based abuse, calling it “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”. The definition is amplified in article 2 of the Declaration, which identifies three areas in which violence commonly takes place:

Physical, sexual and psychological violence that occurs in the family, including battering; sexual abuse of female children in the household; dowry-related violence; marital rape; female genital mutilation and other traditional practices harmful to women; non-spousal violence; and violence related to exploitation;
Physical, sexual and psychological violence that occurs within the general community, including rape; sexual abuse; sexual harassment and intimidation at work, in educational institutions and elsewhere; trafficking in women; and forced prostitution;

Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.

2) Kinds of Violence against Women

4.3. Domestic violence

Violence against women in the family occurs in developed and developing countries alike. It has long been considered a private matter by bystanders — including neighbors, the community and government. But such private matters have a tendency to become public tragedies.

In the United States, a woman is beaten every 18 minutes. Indeed, domestic violence is the leading cause of injury among women of reproductive age in the United States. Between 22 and 35 per cent of women who visit emergency rooms are there for that reason.

The highly publicized trial of O. J. Simpson, the retired United States football player acquitted of the murder of his former wife and a male friend of hers, helped focus international media attention on the issue of domestic violence and spousal abuse.

In Peru, 70 per cent of all crimes reported to the police involve women beaten by their husbands.

In Pakistan, Prime Minister Benazir Bhutto strongly defended a 35-year-old mother of two who was severely burned by her husband in a domestic dispute.

“There is no excuse for such a behaviour”, the Prime Minister declared after visiting the hospitalized victim. “My presence here is to send a message to all those who violate Islamic teachings and defy laws of the land with their inhuman treatment of women. This will not be tolerated.” According to the Special Rapporteur’s report, many Governments now recognize the importance of protecting victims of domestic abuse and taking action to punish perpetrators. The establishment of structures allowing officials to deal with cases of domestic violence and its consequences is a significant step towards the elimination of violence against women in the family.

The Special Reporter’s report highlights the importance of adopting legislation that provides for prosecution of the offender. It also stresses the importance of specialized training for law enforcement authorities as well as medical and legal professionals, and of the establishment of community support services for victims, including access to information and shelters.

4.4. Traditional practices

In many countries, women fall victim to traditional practices that violate their human rights. The persistence of the problem has much to do with the fact that most of these physically and psychologically harmful customs are deeply rooted in the tradition and culture of society.

4.5. Son preference

Son preference affects women in many countries, particularly in Asia. Its consequences can be anything from foetal or female infanticide to neglect of the girl child over her brother in terms of such essential needs as nutrition, basic health care and education.

In China and India, some women choose to terminate their pregnancies when expecting daughters but carry their pregnancies to term when expecting sons.

According to reports from India, genetic testing for sex selection has become a booming business, especially in the country’s northern regions. Indian gender-detection clinics drew protests from women’s groups after the appearance of advertisements suggesting that it was better to spend $38 now to terminate a female foetus than $3,800 later on her dowry.

A study of amniocentesis procedures conducted in a large Bombay hospital found that 95.5 per cent of foetuses identified as female were aborted, compared with a far smaller percentage of male foetuses.

The problem of son preference is present in many other countries as well. Asked how many children he had fathered, the former United States boxing champion Muhammad Ali told an interviewer: “One boy and seven mistakes.”

4.6. Dowry-related violence and early marriage

In some countries, weddings are preceded by the payment of an agreed-upon dowry by the bride’s family. Failure to pay the dowry can lead to violence.

In Bangladesh, a bride whose dowry was deemed too small was disfigured after her husband threw acid on her face. In India, an average of five women a day is burned in dowry-related disputes — and many more cases are never reported.

Early marriage, especially without the consent of the girl, is another form of human rights violation. Early marriage followed by multiple pregnancies can affect the health of women for life.

The report of the Special Reporter has documented the destructive effects of marriage of female children under 18 and has urged Governments to adopt relevant legislation.

3) Violence in the community:

3.1. Rape

Rape can occur anywhere, even in the family, where it can take the form of marital rape or incest. It occurs in the community, where a woman can fall prey to any abuser. It also occurs in situations of armed conflict and in refugee cams.

In the United States, national statistics indicate that a women is raped every six minutes. Relations between residents of the Japanese island of Okinawa and American GIs were thrown into turmoil in 1995 after two marines and a sailor allegedly kidnapped and raped a 12-year-old girl.

The Special Rapporteur’s report underlines the importance of education to sensitize the public about the special horrors of rape, and of sensitivity training for the police and hospital staff who work with victims.

3.2. Sexual assault within marriage

In many countries sexual assault by a husband on his wife is not considered to be a crime: a wife is expected to submit. It is thus very difficult in practice for a woman to prove that sexual assault has occurred unless she can demonstrate serious injury.

The report of the Special Reporter noted that light sentences in sexual assault cases send the wrong message to perpetrators and to the public at large: that female sexual victimization is unimportant.

3.3. Sexual harassment

Sexual harassment in the workplace is a growing concern for women. Employers abuse their authority to seek sexual favours from their female co-workers or subordinates, sometimes promising promotions or other forms of career advancement or simply creating an untenable and hostile work environment. Women who refuse to give in to such unwanted sexual advances often run the risk of anything from demotion to dismissal.

But in recent years more women have been coming forward to report such practices — some taking their cases to court.

In her report, the Special Reporter stressed that sexual harassment constitutes a form of sex discrimination. “It not only degrades the woman”, the report noted, “but reinforces and reflects the idea of non-professionalism on the part of women workers, who are consequently regarded as less able to perform their duties than their male colleagues.”

3.4. Prostitution and trafficking

Many women are forced into prostitution either by their parents, husbands or boyfriends — or as a result of the difficult economic and social conditions in which they find themselves. They are also lured into prostitution, sometimes by “mail-order bride” agencies that promise to find them a husband or a job in a foreign country. As a result, they very often find themselves illegally confined in brothels in slavery-like conditions where they are physically abused and their passports withheld.

Most women initially victimized by sexual traffickers have little inkling of what awaits them. They generally get a very small percentage of what the customer pays to the pimp or the brothel owner. Once they are caught up in the system there is practically no way out, and they find themselves in a very vulnerable situation.

Since prostitution is illegal in many countries, it is difficult for prostitutes to come forward and ask for protection if they become victims of rape or want to escape from brothels. Customers, on the other hand, are rarely the object of penal laws.

The extent of trafficking in women and girl children has reached alarming proportions, especially in Asian countries.

Many women and girl children are trafficked across borders, often with the complicity of border guards. In one incident, five young prostitutes burned to death in a brothel fire because they had been chained to their beds. At the same time, sex tours of developing countries are a well-organized industry in several European and other industrialized countries.

3.5. Violence against women migrant workers

Female migrant workers typically leave their countries for better living conditions and better pay — but the real benefits accrue to both the host countries and the countries of origin.

For home countries, money sent home by migrant workers is an important source of hard currency, while receiving countries are able to find workers for low-paying jobs that might otherwise go unfilled.

But migrant workers themselves fare badly, and sometimes tragically. Many become virtual slaves, subject to abuse and rape by their employers.

In the Middle East and Persian Gulf region, there are an estimated 1.2 million women, mainly Asians, who are employed as domestic servants. According to the independent human rights group Middle East Watch; female migrant workers in Kuwait often suffer beatings and sexual assaults at the hands of their employers.

The police are often of little help. In many cases, women who report being raped by their employers are sent back to the employer — or are even assaulted at the police station.

Working conditions are often appalling, and employers prevent women from escaping by seizing their passports or identity papers.

The report of the Special Reporter draws attention to the fact that there are many international instruments that can be used to prevent abuse against migrant women and suggests some measures to protect the human rights of migrant women.

4) Violence perpetrated or condoned by States

4.1 Custodial violence against women

Violence against women by the very people who are supposed to protect them — members of the law enforcement and criminal justice systems — is widespread. Women are physically or verbally abused; they also suffer sexual and physical torture. According to Amnesty International, thousands of women held in custody are routinely raped in police detention centre worldwide. The report of the Special Reporter underlines the necessity for States to prosecute those accused of abusing women while in detention and to hold them accountable for their actions.

4.2. Violence against women in situations of armed conflict

Rape has been widely used as a weapon of war whenever armed conflicts arise between different parties. It has been used all over the world: in Chiapas, Mexico, in Rwanda, in Kuwait, in Haiti, in Colombia.

Women and girl children are frequently victims of gang rape committed by soldiers from all sides of a conflict. Such acts are done mainly to trample the dignity of the victims. Rape has been used to reinforce the policy of ethnic cleansing in the war that has been tearing apart the former Yugoslavia.

The so-called “comfort women” — young girls of colonized or occupied countries who became sexual slaves to Japanese soldiers during the Second World War — have dramatized the problem in a historical context. Many of these women are now coming forward and demanding compensation for their suffering from Japanese authorities. “Such rape is the symbolic rape of the community, the destruction of the fundamental elements of a society and culture — the ultimate humiliation of the male enemy”, the report by the Special Reporter noted. It stressed the need to hold the perpetrators of such crimes fully accountable.

4.3. Violence against refugee and displaced women

Women and children form the great majority of refugee populations all over the world and are especially vulnerable to violence and exploitation. In refugee camps, they are raped and abused by military and immigration personnel, bandit groups, male refugees and rival ethnic groups. They are also forced into prostitution.

In her report, the Special Rapporteur proposes the following measures to be taken for the protection of women and girls in refugee camps: improvement of security, deployment of trained female officers at all points of the refugees’ journey, participation of women in organizational structures of the camps and prosecution of government and military personnel responsible for abuse against refugee women.

4.4. Legal steps to criminalize violence against women

The meaning of gender and sexuality and the balance of power between women and men at all levels of society must be reviewed. Combating violence against women requires challenging the way that gender roles and power relations are articulated in society. In many countries women have a low status. They are considered as inferior and there is a strong belief that men are superior to them and even own them.

In Australia, a National Committee on Violence against Women was established to coordinate the development of policy, legislation and law enforcement at the national level as well as community education on violence against women.

In 1991, the Government of Canada announced a new four-year Family Violence Initiative intended to mobilize community action, strengthen Canada’s legal framework gender-based violence as an abuse of human rights. This Convention provides an individual right of petition and a right for non-governmental organizations to lodge complaints with the Inter-American Commission of Human Rights., establish services on Indian reserves and in Inuit communities, develop resources to help victims and stop offenders, and provide housing for abused women and children.

4.5. Ensuring That Laws Are Obeyed

These examples illustrate some steps taken at the national level towards the eradication of violence against women. Combating and eradicating this scourge require enhanced and concerted efforts to protect women at the local, national and international levels.

States have tended to adopt a passive attitude when confronted by cases of violations of women’s rights by private actors. Most laws fail to protect victims or to punish perpetrators. Passing laws to criminalize violence against women is an important way to redefine the limits of acceptable behaviour.

States should ensure that national legislation, once adopted, does not go unenforced. State responsibility is clearly underlined in article 4 of the Declaration on the Elimination of Violence against Women, which stipulates that “States should exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons”.

Any approach designed to combat violence must be twofold, addressing the root causes of the problem and treating its manifestations. Society at large, including judges and police officers, must be educated to change the social attitudes and beliefs that encourage male violence.

4.6 Challenging Traditional Attitudes

Changing people’s attitude and mentality towards women will take a long time — at least a generation, many believe, and perhaps longer. Nevertheless, raising awareness of the issue of violence against women, and educating boys and men to view women as valuable partners in life, in the development of a society and in the attainment of peace are just as important as taking legal steps to protect women’s human rights.

It is also important in order to prevent violence that non-violent means be used to resolve conflict between all members of society. Breaking the cycle of abuse will require concerted collaboration and action between governmental and non-governmental actors, including educators, health-care authorities, legislators, the judiciary and the mass media.

Discrimination against Women:

Women’s rights in the Arab Middle East and North Africa (MENA) region are surveyed in this article. The author uses human rights standards contained in the Universal Declaration of Human Rights (UDHR) to rate the de jure and de facto status of women’s rights in the areas of nondiscrimination and access to justice, autonomy, security, and freedom of the person, economic rights and equal opportunity, political rights and civic voice, and social and cultural rights. Evaluations that pertain to women’s rights in marriage are found in the section entitled “Women’s Inferior Status in Family Laws,” where the author elucidates how women face gender-based discrimination in both the family codes of the studied countries and through Islamic law. This article ends with recommendations for reform of MENA countries’ legislation and traditions in order to empower women of the region. [Descriptors: Marriage, International – Africa, International – Asia]

Women’s rights in the Arab Middle East and North Africa (MENA) region are surveyed in this article. The author uses human rights standards contained in the Universal Declaration of Human Rights (UDHR) to rate the de jure and de facto status of women’s rights in the areas of non-discrimination and access to justice, autonomy, security, and freedom of the person, economic rights and equal opportunity, political rights and civic voice, and social and cultural rights. Evaluations that pertain to women’s rights in marriage are found in the section entitled “Women’s Inferior Status in Family Laws,” where the author elucidates how women face gender-based discrimination in both the family codes of the studied countries and through Islamic law. This article ends with recommendations for reform of MENA countries’ legislation and traditions in order to empower women of the region. [Descriptors: Marriage, International – Africa, International – Asia]

The author urges feminists and scholars to re-examine their respect for cultural relativism in light of the harms to women created by laws that allow polygamy and in light of international human rights conventions. Because the voices of women have historically been absent in the development of cultural norms, the author contends that culture cannot be used as a justification for the violation of women’s human rights in marriage. Polygamy is argued to violate a women’s right, to equality within marriage, to religious freedom, and to enjoy her culture. [Descriptors: Marriage, International)

GENDER, SOCIAL POLICY & THE LAW

This article explores child marriage and the international conventions that are violated by the practice (CEDAW, CRC, Marriage Convention, UDHR, ICCPR, ICSCR, Torture Convention, and Anti-Trafficking Convention).

The prevalence of and reasoning behind child marriage throughout the world is described, as well as a presentation of different nations’ domestic laws concerning minimum age of marriage. The author outlines the international human rights instruments that relate to child marriage, explaining how existing human and women’s rights conventions fail to remedy the problem.

The author argues that child marriage is a form of exploitation of girls as a married girl is essentially a slave, both sexually and through labour, to her husband and his family, and loses the human rights protections guaranteed to children.

The article concludes with recommendations for added provisions to human rights conventions as well as suggestions of extra-legal measures that could be undertaken to halt the practice in the child marriage.

In opinion that, under this chapter has discussed about the violation of rights & discriminate in the women of the family. So government should implement the existing law to stop the discriminate & harassment in the various sectors.

CHAPTER – 5

ISLAMIC INHERITANCE LAWS AND WILLS SYSTEMS

5.1 Islamic laws of inheritance

Muslim Women’s Rights to Property explores the nature and scope of women’s rights to property and land under Islamic law (Shari’a) through a socio-historical background to women’s property rights, an appraisal of modern legal reforms and the avenues for enhancing their security of tenure. It argues that despite assumptions to the contrary, there are potential empowering strategies for women through Islamic law which can enhance women’s access to land and enforcement of their other property rights. Position Islamic Inheritance Laws and Systems considers how Muslim societies generally derived their inheritance rules from religious sources for the division of an individual’s property upon death, some of which are controversial. Yet, it argues that the application of these formal inheritance rules pertaining to designated shares must be understood in a broader socio-cultural and economic context and within wider inheritance systems of practice.

However, inheritance is one of the commonest ways of acquiring land or access to land. In Muslim societies generally, irrespective of the nature of faith of the Muslims concerned, inheritance rules are derived from religious sources for the division of an individual’s property upon death. The rules are in the main rigorously implemented by the family, and community, and upheld by the State.

The manner in which Islamic inheritance is made is prescribed by the law in rigid and uncompromising terms. The power of the deceased to dispose of his property by will is recognized but basically restricted to one-third of his net assets. The transmission of property by way of bequest, or in accordance with the wishes of the deceased is of secondary importance and the central core of the system of succession is formed by the compulsory rules of inheritance designed for the material benefit of the family group.

The factional shares in estate which are the entitlement of certain relatives are dealt with as an arithmetical discipline by applying particular techniques and methods of exposition adopted by the traditional Arabic authorities, and place an unnecessary strain upon the powers of comprehension of the common woman or even modern lawyers.”

Such an example is:

1) Families as grounds of inheritance Marriage: spouse relict in succession law.

Capacity of women Only in Hanafi and Shia law, has an adult woman the legal capacity to contract her own marriage guardian must conclude the contract on her behalf and any marriage contract without his intervention, in person or through his agent, is a complete nullity.

This is a quite separate issue from that of whether or not the bride’s consent to the marriage is necessary. This latter question is determined by the extent of the guardian’s power over his ward.

All schools recognize, in principle, that a power of ‘matrimonial constraint’ termed ijbbar, is vested in a marriage guardian, who may validly contract his ward in marriage at his discretion and regardless of the ward’s wishes in the matter. In Hanafi law the right belongs first to male agnate relatives in accordance with a system of priorities broadly parallel to that of priorities in inheritance -father, paternal grandfather followed by the agnatic brothers, nephews, uncles and cousins and failing them to females and non-agnate relatives. The ward may repudiate the marriage on attaining puberty.

Modern reforms In registration of marriage as a necessary legal formality in most Muslim countries. Women observing Idda is a period of waiting imposed upon a wife after the termination of her marriage. In cases of widowhood, the idda also serves as a mark of mourning for a deceased husband and lasts for a prescribed period of four months and ten days, or until the birth of the child in cases of pregnancy.

While modern reforms and changes have influenced several fields of Islamic law, the detailed classical inheritance structure has been one of the enduring legacies of classical Islamic law or the Shari’a.

The formal inheritance rules have several distinctive features. First, there are predetermined percentage shares for pre-selected beneficiaries while at the same time allowing some flexibility through bequests and legitimate estate planning. Second, a Muslim’s ability to bequeath is restricted to only one-third of an individual’s estate under certain rules with the remaining two-thirds devolving according to the compulsory inheritance rules. Third, the scheme of mandatory fixed shares is remarkably inclusive and provides access to property to a range of family members. Finally, the inheritance rights cannot be generally taken away. Rather than a set of abstract rules, Islamic inheritance rules are intended to facilitate distinctive Islamic conceptions of property, family, community, empowerment and justice.

5.2 What property may be inherited?

The Islamic law of succession makes no distinction between different kinds of property. It is immaterial whether property is real (land) or personal, movable or immovable – it covers all assets.

5.3 Who may inherit property?

Given the wide range of beneficiaries that the Islamic inheritance system seeks to cater to through a sophisticated balancing process, the results can turn out to be hairsplitting permutations and combinations varying according to a given scenario. There are some differences in Sunni and Shi’a positions.

5.4 Benefits of the rules for fixed shares

There exist some easily perceived potential benefits to a scheme of specified shares, as compared with systems of inheritance which provide greater apparent legal freedom to the individual seeking to control devolution of his/her property upon death.

INHERITANCE RULES AS PART OF ISLAMIC INHERITANCE SYSTEMS: A variety of legal tools have developed in different contexts to permit individuals to make arrangements for the transmission of property, according to their own determination.

5.5 Islamic wills (wasaya):

Gifts can be made to take effect upon death, by means of a will, but only up to one-third of an individual’s estate can be bequeathed in this manner with the remaining two-thirds devolving according to the compulsory rules.

5.6 Women’s inheritance shares as part of a wider property system

Female relatives and spouses are accorded shares, but half that of a male in a similar position and male relatives are more likely to inherit and to enjoy a greater share of the estate. This difference in treatment between men and women is usually explained by reference to the fact that it is also a feature of Islamic law that a wife is entitled to maintenance from her husband, in terms of shelter, clothing, food and medical care. Despite the argument that women are compensated for their unequal inheritance shares through such material obligations on the part of husbands to their wives (and other tools such as dower and gift), the apparent formal paper inequality remains a matter of vigorous debate and gives rise to calls for legal reform.

5.7 Unborn, illegitimate and adopted children and orphaned grandchildren

Since a child is deemed to be in existence from the point of conception, a child in the womb is competent to inherit within Islamic law. However, an illegitimate child whose paternity was contested may not inherit from the wife’s husband, although that child may inherit from its mother and its mother’s family.

Adoption is not recognised under Islamic law (Shari’a), so inheritance through legal adoption into a family is not feasible. A bequest in favour of an adopted child may not exceed one-third of an estate, under the rules. An orphaned grandchild is unlikely to inherit from a grandparent under Islamic inheritance principles.

5.8 ‘Estate planning’ and lifetime transfers

There are a variety of legal techniques that a person contemplating death may deploy as a form of ‘estate planning’, in order to avoid the strictures of the compulsory inheritance rules. These include the lifetime transfer or gift (hiba) and the establishment of a family endowment (waqf ahli). The tools deployed for estate planning are subject to debate but the modernisation of Islamic societies has resulted in a propensity towards several kinds of estate planning.

5.9 Family endowments

Another legal strategy for an individual seeking to control the devolution of his or her property is to establish a family endowment (waqf ahli). A major source of women’s historic wealth appears to have arisen from beneficial interests in endowment (waqf) properties, but these endowments have now either been abolished or subjected to severe limitations in most countries.

5.10 Non-registration of land to avoid inheritance rules

There is evidence in some Muslim communities that individuals keep their property outside the formal land registration system, because of the costs involved and to avoid giving women their allotted shares under the Islamic inheritance rules.

POST-INHERITANCE ADJUSTMENTS:

5.11 Women, law and custom

Inheritance law often lies at the heart of discussions about gender equality and women’s property rights.

5.12 Consolidation of property

In a process known as consolidation, the division of an estate into fractional shares may be followed by a series of sales and exchanges designed to reduce the number of co-owners. It is women who usually exchange their rights in land for movable property, cash or gold and it is women in the main who decide to give up their fractional shares, particularly in land.

LEGAL REFORMS TO INHERITANCE SYSTEMS:

4.1 Codification and secularization

There has been little legislative interference with the compulsory inheritance rules and daughters continue to enjoy only half as much as their brothers from the estate of a parent, which is a cause of concern for some women’s organizations.

4.2 Changes regarding adopted children, grandchildren and others

One example of a change in inheritance law in several countries, though subject to juristic debate, which has been widely justified on the basis of the Qu’ranic “verse of bequest” and social practice is the obligatory bequest for orphaned grandchildren.

4.3 Islamic inheritance systems and the equality debate

The differential treatment on the basis of gender regarding inheritance shares, on the face of it, violates international human rights. A number of NGOs and liberal personalities in Muslim countries have called for equal inheritance rights. However, a more dominant position is the general position, even from Muslim women, that what God has ordained for shares cannot be changed.

4.4 Opportunities for empowering women

The Islamic inheritance rules despite their apparent discriminatory nature, where implemented in letter and spirit and construed holistically; provide a solid starting point for women – and other members of the family – in asserting the full range of their property rights.

Muslim Wills (‘Wasiyyah’)

A Muslim testator (a person who writes a Will) is allowed to leave a Will so long as its content is executed in accordance with the Shari’ah law.

A person may also appoint a guardian and/or a trustee in the Will to take care of the testator’s minor children and manage their wealth until they attain 21 years of age, respectively. The guardian for his children must be a Muslim while the trustee need not be one.

It will be invalid, if the Will is written by a minor, written under duress or by a person without the proper mental capacity.

(i) One-Third of Estate

The testator is allowed to Will away a maximum of 1/3 of his total assets. Therefore, a Will can only be made in respect of not more than one third of the net estate of the testator. This is to protect those persons with a legitimate claim to the estate, such as spouses and children.

If the Will purports to bequeath more than one third of the net estate, the bequests may be reduced proportionally such that the aggregate will not exceed one third. On the other hand, if all the legal heirs voluntarily agree (‘muafakat’), the testator’s Will which bequests more than one-third of his total assets will be valid.

(ii) To Non-Faraid Beneficiaries

The beneficiaries under the Will cannot be any person who is a lawful beneficiary under the ‘Faraid’. The testator can only make a Will in favour of his non-Faraid heirs, such as his adopted children, certain maternal relatives who will not receive under Faraid in that instance, or third parties such as close friends or proteges.

A Muslim can make a Will to give to charity or for any other purpose so long as these purposes are permissible under Syariah Law). Any bequest for a cause or purpose in contradiction to Syariah principles will be invalid. As stated earlier, the testator can name the Executor/Executrix to execute his Will.

(iii) Witnesses to the Will

There must be witnesses to the Will. These witnesses can be male or female, be they Muslims or non-Muslims. There must generally be 2 male witnesses or they must be represented by the correct ratio, that is, 2 females to 1 male.

There is no requirement for the witnesses to have knowledge of the content of the Will but they cannot be beneficiaries to the Will.

The witnesses should be people of good character who act voluntarily. They should also be ‘sui juris’, meaning they must be of full age and have full legal capacity to manage their own affairs. They must not be under any form of legal disability or under the power of another, (for example under guardianship).

Lawful Heirs (‘Waris’)

The lawful heirs, who are specified in the Quran, are entitled to share in the net estate of the deceased in accordance with the Faraid method of distribution which is set out in the Quran.

These heirs are classified as:

‘Ashabul-Furud’: those whose shares are specifically stated in the Quran;
‘Asabah’: those who are entitled to the balance of the deceased estate but whose shares are not specifically stated; and

‘Dhawil-Arham’: the residual third group who are blood-relations but who do not belong to either of the abovementioned groups reach of these fundamental rules will make a Will invalid.

The list of those who fall in the Ashabul-Furud category are as follows:

List of Ashabul-Furud Heirs

Males

Son
Husband
Father
Grandfather
Full Brother
Brother (of the same Father)
Brother (of the same Mother)
Nephew (of brother’s)
Nephew (of half brothers)
Paternal Uncle (same grandparents)
Paternal Uncle (same grandfather)
Grandson (of son)
Male Cousin (of Paternal Uncle)
Male Cousin (of Paternal Uncle)
Owner of freed slave Females
Daughter
Wife
Mother
Maternal grandmother
Paternal grandmother
Full Sister
Consanguine Sister (of the same Father)
Uterine Sister (of the same Mother)
Granddaughter (of son)
Owner of freed slave

The Ashabul-Furud is entitled to certain prescribed shares which are intended to effect an equitable distribution of the estate. For instance, males are given 2 shares of the estate to every share given to his female counterpart because and on the basis that they are expected to assume financial responsibility for the women folk who should be under their care.

In addition, lawful female heirs are allocated a specified portion of the estate (e.g. half or one sixth) which means they will always be entitled to a portion of the estate, regardless of how small.

Specified heirs forfeit their claim under the following circumstances:

he caused the death of the deceased, whether deliberately or unintentionally; or
he is not a Muslim; or
if the heir has renounced Islam.

Estate Administration

The first step is for a beneficiary to apply to the Shari’ah Court for a Certification of Inheritance (‘Sijil Warisan’) to be issued. The Certificate will identify the surviving Lawful Heirs, state their relationships to the deceased, and specify their precise shares to the estate (e.g. one eighth portion).

The Certificate of Inheritance must be for purposes of the administration or distribution proceedings of the said estate in accordance with the Shari’ah Law.

The applicant must be one of the following parties:

Potential lawful beneficiary to the estate of the deceased (a Muslim);
Islamic Religious Council of Singapore (‘MUIS’);
Law firm on behalf of a beneficiary;
Public Trustee; or
Court

As of the 28 April 2008, all applications for the Certificate of Inheritance must be made online via the website of the Shari’ah Court at accompanied by a Statutory Declaration. The said Declaration has to be submitted within 3 working days from the date the application is made. The application will be rejected if the applicant fails to submit the said Declaration on time. The applicant will have to pay a prescribed gazette fee of S$12.00 and application fees of S$34.00.

To apply on line, you will need:

the Death Certificate of the deceased; and
the NRIC or Passport of the applicant and beneficiaries

Computation of Shares of Lawful Heirs:

The table below sets out the general rules of distribution among certain specified heirs and is intended to provide guidance only for simple cases.

Heirs

Husband

If there is no child or grandchild surviving the deceased 1/2

If there is a surviving child or grandchild of deceased 1/4

Wife

If there is no child or grandchild surviving the deceased 1/4

If there is a surviving child or grandchild of deceased 1/8

Son

If there is no daughter Residuary

If there is a daughter (he shares with his sister, but is entitled to 2 shares for every share given to her) Residuary

Daughter

If sole daughter 1/2

If 2 or more daughters (the daughters portion is shared equally among them) 2/3

If there is a son, (she shares with her brother, but is entitled to 1 share for every 2 shares given to him) Residuary

Father

If there is a child or grandchild surviving the deceased 1/6

If there is no child or grandchild surviving the deceased Residuary

Mother 1/6

Paternal Grandmother (her portion is shared with maternal grandmother) 1/6

If Mother or Father survives Nil

Paternal Grandfather

If no father, child or grandchild survives Residuary

If son or grandson survives 1/6

If father survives Nil

Maternal Grandmother (her portion is shared with paternal grandmother) 1/6

If Mother survives Nil

Brother

If father, son or grandson survives Nil

If no father, son or grandchild survives Residuary

Sister

If father, son or grandson survives Nil

If sole sister 1/2

If 2 or more sisters (they share equally) 2/3

Under the opinion of the author, many women have violated their rights in the family according to inheritance. So every person should have recognized the women of every right in case of equality of their right & equally distributed the property between male & female.

CHAPTER – 6

Maintenance:

6.1. Islamic Law regarding rights and obligations of husband and wife

Islam has put great stress on the relationship of husband and wife. It has clearly laid down the respective rights and obligations to avoid confusion and complication in this regard.

The basis of husband-wife relationship is love and compassion. In this regard the Quran states,

“And among His sings is this that He has created mates from among yourselves, that you may live in comfort with them, and he has put love and compassion among you (husband and wife).

Surely in that are sings for those who think ” (30: 21)

The role of husband normatively revolves round the principles that it is his solemn duty to Allah to treat his wife with kindness, honour and patience, to keep her honourably of free her from marital bond honourably, and to cause her no harm of grief (Quran, 2 : 229-32 and 4 : 19). The wife’s position has been explained in the Quran by saying that-

“Women have similar rights over men as men have over women.” (2 : 228)

The husband in Islamic law is under obligation to maintain her wife. Maintenance includes the wife’s right to lodging, clothing, nourishing, care and well being. The wife has a right to enjoy all these things according to her status and according to capacity of her husband.

The wife, however, loses her right of maintenance, according to the unanimous opinion of the Muslim jurists, in case of Nushuz, that is her hatred of defiance of husband or her attraction to another person.

In case of husband’s recalcitrance to maintain wife, the law enforcement agencies are required to enforce maintenance. The majority of Muslim jurists also allow the wife the right to seek divorce in such a case. If she wishes so, the court must comply with her request and grant her the divorce.

The wife has also the right to receive dower from the husband at the time or in consequence of marriage. The dower is a gift of husband to his wife. This symbolizes an assurance of economic security from the husband towards wife. The amount can be big or small depending on mutual agreement and economic condition of the two parties. This is, however, no price of sexual enjoyment. This can not be so because sexual enjoyment is not a one-sided affair.

The main obligation of the wife as a partner in a marital relationship is to contribute to the success and blissfulness of the marriage as much as possible. She should be attentive to the comfort and well being of her mate. The Quran mentions good wife as “comfort of eyes.” (25 : 74)

The husband has been stated by scholars as the head of the family in Islamic family system. It is the duty of all family members to obey him in lawful matters. However, Islam has enjoined on all Muslims to manage their affairs (which includes family affairs) by mutual consultation. However, in case of disagreement, the head of the family should be obeyed. The mutual relation of men and women in Islam is that of “friend” and not of master and servant. The Quran says,

“And among His sings is this that He has created mates from among yourselves, that you may live in comfort with them, and he has put love and compassion among you (husband and wife). Surely in that are sings for those who think ” (30: 21)

“Women have similar rights over men as men have over women.” (2 : 228)

“Believers men & women are friends to one another (Wali), they enjoin right, forbid wrong, establish Salat, pay Zakat ,obey Allah & His Prophet” (9 : 71)

This is the last verse of the Quran on man-woman relationship and it shows that duties of men and women are basically same. (Please also refer verses 30 : 21; 3 : 194; 2 : 187; 33 : 35)

Husband alone has the right of sexual intimacy with wife. The wife must not allow any other person to have access to that which is exclusively the husband’s right. Wife has similar right in this regard.

Islam has given the correct principles and instructions regarding rights and obligations of husband and wife. These principles, if obeyed in true spirit, would ensure better family and social life.

6.2. Muslim Women: Laws on Rights to Maintenance

Muslim women are entitled to maintenance under Muslim personal law as well as the Protection of Rights on Divorce Act, 1986. To a layperson, what does ‘maintenance’ really mean? Simply put, when a couple divorce, the husband is legally bound to provide for the expenses of the wife and children, which is called as ‘maintenance.’ It must, however, be noted that a Muslim wife is only entitled to maintenance so long as she is faithful to her husband and obeys his ‘reasonable’ orders. Moreover, the Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek dissolution of marriage on the ground of failure to provide maintenance.

6.3. Maintenance for Muslim Women: Stipulations of Iddat

The Dissolution of Muslim Marriage Act (DMMA) states that a Muslim husband is entitled to maintain his wife only up to the period of iddat. Based on the Shariat terminology, iddat is the mandatory waiting period for a divorced or widowed Muslim woman, whom must conclude and thereupon, she can remarry. Once the period of iddat is over, the Muslim husband’s liability of maintenance ends as well.

The period of iddat is three menstrual cycles or three lunar months after a divorce. However, if a wife is pregnant at the time of the divorce, the period of iddat extends up to the time of delivery (or abortion), even if the event takes place after three months. However, if the delivery takes place before three months, iddat terminates immediately with the event.

6.4. Entitlement to Maintenance by Muslim Woman in a Polygamous Marriage

Several schools of Islam permit Polygamy but section 125(3) of the Code of Criminal Procedure entitles a Muslim wife to live separately and receive maintenance from her husband if he contracts a second marriage or even keeps a mistress. This provision, incorporated in 1973, is a big step towards integrating modern ideas in the Islamic personal and family laws.

Most important to note is that this code has been made in full consistency with the spirit and tenor of Mohammedan Law. The code continues to entitle a Muslim husband to have multiple wives, while enjoining him to accord equal treatment to all his wives.

A question arises here is as to whether a Muslim woman who has filed for divorce under the DMMA would be entitled to receive maintenance under the Code of Criminal Procedure?

The court has established that a Muslim woman is entitled to receive maintenance under the code despite filing for dissolution of marriage, established under.

6.5. Persons entitled to maintenance in the family:

There are three causes for which it is incumbent on one person to maintain another-marriage, relationship and property. The highest obligations arise on marriage. The maintenance of the wife and children is primary obligation, the second class of obligations arises when a certain person has means and another is indignant. The possession of surplus of 200 dirhams (60-80 taka) over a man’s necessities was deemed sufficient to include him in possession of meals.

6.6. Maintenance of wife, when due:

Under Muslim law, maintenance is due to the wife from the husband as a recompense for the matrimonial restraint and is one of the necessary and inherent conditions of the marriage contract. The Holy Quran & the sunnah of the Prophet have commanded kindness to women. One specific consequence of this Divine command in his responsibility for the full maintenance of the wife, a duty which he must discharge carefully,without reproach, injury on condescdence. The Holly command “Let him provide her (wife) maintenance according his ability”. It has been further commanded, “Provide for them (wives), the well to do according to his means and the straitened according to custom. This is an obligation for those who act kindly. It is incumbent upon the husband to supply his wife with food, clothing & loading if he surrendered herself to him although she is Muslim or infidel, poor or reach, grown-up or young. Muslim husband therefore, is legally bound to provide maintenance to his wife so long as she is faithful to him and obeys his reasonable orders. Aboo Hanifa is of opinion that a poor husband is not required to maintain the servant of the wife, and this is an approved doctrine, as it is supposed that the wife of a poor man will serve herself. In case of more than one wife, the husband must behave equally in respect of maintenance. A woman is entitled to maintenance during her sickness in her husband’s house.

6.7. When wife is not entitled to maintenance:

Though the wife is entitled to maintenance from the husband still under the following circumstances she can not claim it as a matter of right.

i) A rebellious or nashizah wife is not entitled maintenance. The right of the wife to maintenance is subject to the condition that that she is not refractory or does not refuse to live with her husband without lawful cause.
ii) A minor wife is not entitled to maintenance even though she is under the custody of the husband. This is the opinion of Abo Hanifa. But according to Shafi, a minor wife is entitled to maintenance.

iii) A wife can not claim maintenance if she has been imprisoned for any offence or has been eloped with somebody or has been taken away forcible by another man.

iv) If a wife is imprisoned for debt, her husband is not required to support her, because the objection to matrimonial custody does not in this case originate with him.
v) A wife apostatize is not entitled to maintenance from her husband.
vi) A wife is not also entitled to maintenance from her husband if she deserts her husband without any lawful cause.

vii) A man is not liable for the maintenance of a woman whom he has married by illegal contact, or of one who has become unchaste.

6.8. Scale of maintenance of wife:

At the time of fixation of maintenance of wife, under Hanafi law, regard is to be had to rank, status & condition both of her husband & itself. The view is supported by the Quran which states as “Let him support to his ability.

Actually, the amount of maintenance may be fixed considering the overall situation that is the rank, status, economic condition of both the husband and wife. Cost of living must also be taken into consideration in respect of scale of maintenance of maintenance of wife.

6.9. Maintenance of parents:

It has been said stated in the holy Quran “And that you are kind to your parents”. The difference of religion creates no impediments for providing maintenance to parents. The Quran command, “Make good behaviour with them in this world. The spirit of this verse is to provide maintenance to the parents even if they are infidels. Of course difference of religion forbids the obligation to the maintenance of any relation except of wife, parents or children. The eminent Muslim jurists have formulated the following principles regarding the maintenance of parents:

i) Son & daughters who are not poor are bound to maintain there parents who are poor even though they are not necessitous.
ii) A poor son is bound to maintain his mother who is poor even thought she may not be infirm.

iii) A son who earns, even though poor, is bound to provide maintain to his father who is poor & earning nothing.

iv) The ability of all sons and daughters to provide maintenance to there parent is equal.
v) When a son is liable to maintain only one of his parents, the mother has the better right that is in this case, mother shall be preferred over father.

6.10. Important Case Law on Maintenance:

Hefzur Rahman v. Shamsun Nahar

In this case, the petitioner Hefzur Rahman filed a suit against the two parties Shamsun Nahar Begum and Shaon Mia, a minor. The petitioner married the first opposite party on 25.3.1985, the maintenance of money was fixed at tk: 50,001/00, second opposite party, a son was born out of this wed lock on 15.12.1987 subsequently, the petitioner divorced the first opposite party on 10.8.1988 and on 2.11.88 first opposite party for herself and behalf of her minor son, instituted family court suit No.60 0f 1988 in the family court claiming the said of money at taka 1,000.00.

Facts

The petitioner and the two opposite parties, No.1 and 2, in this Rule are respectively named Md.Hefzur Rahman, Shamsun Nahar Begum and Shaon Mia, a minor. The petitioner married the first opposite party on 25.3.85,The maintenance of money was fixed at tk:50,001/00.second opposite party, a son, was born out of this wed lock on 15.12.87 subsequently, the petitioner divorced the opposite party on 10.8.88, on 2.11.88 first opposite party for herself on behalf of her minor son, the second opposite party, instituted family court suit No. 60 of 1988 in the family court and the court of Assistant Judge, Daudkandi, claiming they said dower money at taka,1,000.00 per month for each of them.

Judgment

The family court decreed the directing the petitioner to pay taka 48,000,00 as the balance maintenance of money, to pay tk,3,ooo.oo to the first opposite party as the maintenance for the iddat-period of three month and to pay tk,1,000.00 each month for the maintenance of the opposite party. On appeal preferred by the petitioner being family Appeal No: 2 of 1991 the learned District Judge, Comilla reduced the amount of maintenance of tk.60, 000 per month for each of the opposite party.

Considering all the aspects we finally hold that a person after divorcing his wife is bound to maintain her on a reasonable scale beyond the period of iddat for an indefinite period that is to say till she loses the statute of divorce by remarrying another person.

Under this above mentioned of topics my opinion of that, every persons has depended her young children in the old stage. Every father has responsible to maintain all demand in her daughter until the married. So every husband should also responsible to maintain all demand in her wife according to Islamic Law.

CHAPTER -7

7.1 Juvenile delinquency

Juvenile delinquency is participation in illegal behavior by minors (juveniles) who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not all of which can be applied to the causes of youth crime. Youth crime is an aspect of crime which receives great attention from the news media and politicians. The level and types of youth crime can be used by commentators as an indicator of the general state of morality and law and order in a country, and consequently youth crime can be the source of ‘moral panics’ .

A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would’ve been charged as a crime if they were an adult. Juvenile delinquents sometimes have associated mental disorders and/or behavioral issues such as post traumatic stress disorder or bipolar disorder, and are sometimes diagnosed with conduct disorder partially as both the cause and resulting effects of their behaviors.

7.2. What is Juvenile Delinquency?

Children often test the limits and boundaries set by their parents and other authority figures. Among adolescents, some rebelliousness and experimentation is common. However, a few children consistently participate in problematic behaviors that negatively affect their family, academic, social, and personal functioning. These children present great concern to parents and the community at large. The prevention of delinquency requires identifying at-risk individuals and their environments before delinquent activity and behavior occur, and then removing such risk factors or strengthening resistance to the risk factors already present. The most logical starting place for prevention efforts is the family.

7.3. Causes of juvenile:

A) Juvenile sex crimes

Juveniles who commit sexual crimes refer to individuals adjudicated in a criminal court for a sexual crime. Sex crimes are defined as sexually abusive behavior committed by a person under the age of 18 that is perpetrated “against the victim’s will, without consent, and in an aggressive, exploitative, manipulative, or threatening manner”. It is important to utilize appropriate terminology for juvenile sex offenders. Harsh and inappropriate expressions include terms such as “pedophile, child molester, predator, perpetrator, and mini-perp” These terms have often been associated with this group, regardless of the youth’s age, diagnosis, cognitive abilities, or developmental stage. Using appropriate expressions can facilitate a more accurate depiction of juvenile sex offenders and may decrease the subsequent aversive psychological affects from using such labels.

B ) Family Influence

Vitaro, Brendgen, and Tremblay suggest that those theorists who believe in the peer influence model also tend to support the belief that family has a strong influence on the development of positive or delinquent behavior. They state:

Some researchers used measures such as parental control, discipline, or supervision (i.e., monitoring), whereas other researchers focused on the affective nature of the parent–child relationship (i.e., attachment, closeness, acceptance, and rejection). A number of studies examined the moderating role of each dimension separately with conflicting results.

In fact, they go so far as to state that family influence can be much more powerful than the influence of one’s peers . This suggests that a positive family influence with strong emotional bonding and positive communication strategies can mitigate the influence of deviant peers in a young person’s life. They clarify this by stating that the family type is also extremely important and children/youth from non-traditional families (single parent, reconstituted) have a far greater chance of engaging in delinquent behavior than children/youth from traditional families. “For nontraditional families, there was a significant relationship between delinquency and cohesion”

In terms of family influence, there may be some validity to the notion that non-traditional families have a more difficult time raising children. There is often the problem of being a single parent which means economic resources are stretched to the limit and the parent likely has far less time to spend with their children. A single parent also has the added pressure of trying to provide emotional support for all the children in addition to being the economic support. Reconstituted families can experience difficulties in the arena of communications and emotional support. Children of divorced parents often face emotional conflicts regarding their allegiance to either one or both of their parents. They also face a difficulty in scheduling time with their parents and the adjustment to new influences when their biological parents remarry. The authors state the following: “…children and adolescents who experience family disturbances due to divorce and remarriage typically demonstrate higher levels of aggressive, defiant, and delinquent behavior. One explanation is that marital breakup produces conditions and consequences that have an adverse effect on children”. We cannot always place the blame on parents. But the structure within the family household could determine the extent of delinquency manifested by a juvenile. Family relationships, duties, responsibilities and privileges, and the amount of control exercised over children all play roles in forming character and influencing behavior. The attitudes and actions of parents can create an important influence in the lives of children. Families in crisis will most likely affect the behavior of juveniles. If one member of a family becomes sick, schizophrenic, or alcoholic, a child may react based on the family’s structural problems. Psychologist Eric Berman gives a cogent description of a family in crisis and the effect on a child. The family is, therefore, an important factor in the forces that determine delinquency. The family determines a child’s class, structure, and development, and the nourishing process is vital to formation of a child’s development. Family exerts the most influence on a human being. Any severe disturbance in one or both parents can produce a devastating negative impact on a juvenile.

The family influence on roles and norms which juveniles follow comes through the socialization process that the individual experiences as part of the family culture. We could assume that children or juveniles would conform strictly to the rules taught in the family setting. However, that does not always work out. Adolescents and even adults deviate from rules. The single parent family setting could still prepare the child for family roles, but it was less effective in preparing children for their adult roles in society and the community. In most cases, is one-parent family, whether the result of divorce, desertion or death, consists of a mother and children living together. The mother often finds it difficult to provide sustenance and guidance, and the absence of a father leaves the male children without an adult male role model. Absence of family as a unit could affect childhood and how children socialize. Where the family fails, other socializing agencies will take on an increasing role in a child’s life.

Race as a Factor in Delinquent Behavior:

A great deal of the literature on race and juvenile suggests a connection between race and the juvenile justice system. The question that is often raised is; ‘does the juvenile justice system treat boys and girls of color in a less equitable manner than White boys and girls involved with the juvenile justice system. There is probably no factor in peoples’ lives that is as deeply contested as that of the issue of race. The suggestion that race may be a factor in the development of delinquent behavior is one that must be considered carefully.

C) Individual Risk Factors

Several risk factors are identified with juvenile delinquency. A minor who has a lower intelligence and who does not receive a proper education is more prone to become involved in delinquent conduct. Other risk factors include impulsive behavior, uncontrolled aggression and an inability to delay gratification. In many instances, multiple individual risk factors can be identified as contributing to a juvenile’s involvement in harmful, destructive and illegal activities.

D) Family Risk Factors

A consistent pattern of family risk factors are associated with the development of delinquent behavior in young people. These family risk factors include a lack of proper parental supervision, ongoing parental conflict, neglect and abuse (emotional, psychological or physical). Parents who demonstrate a lack of respect for the law and social norms are likely to have children who think similarly. Finally, those children that display the weakest attachment to their parents and families are precisely the same juveniles who engage in inappropriate activities, including delinquent conduct.

E) Mental Health Risk Factors

Several mental health factors are also seen as contributing to juvenile delinquency. It is important to keep in mind, however, that a diagnosis of certain types of mental health conditions–primarily personality disorders–cannot be made in regard to child. However, there are precursors of these conditions that can be exhibited in childhood that tend to end up being displayed through delinquent behavior. A common one is conduct disorder. Conduct disorder is defined as “a lack of empathy and disregard for societal norms.” (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, American Psychiatric Social disorganization Current positivist approaches generally focus on the culture. A type of criminological theory attributing variation in crime and delinquency over time and among territories to the absence or breakdown of communal institutions (e.g. family, school, church and social groups.) and communal relationships that traditionally encouraged cooperative relationships among people.Association, 2004.)

7.4. How does juvenile behavior become delinquent? And when?

For the past few years, broken homes, a child’s family position, and family size have been the subjects of considerable study in the crime and delinquency field. In 1950, there were 40.5 million children living in homes containing both a father and a mother, and 4.1 million children living in broken homes. According to the U.S. Census Bureau, in 1970 there were 7.6 million minors (under eighteen years of age) growing up without one or both parents. In 1960, one of every four black families was headed by a woman who was divorced, separated from her husband, or abandoned. In 1972, almost one out of every three black families was without a father, compared to one in ten for whites. In this new millennium, the syndrome is no longer confined to low-income families or black families. Today’s middle class increasingly resembles the low-income family of the early 1960’s. With the increase in such patterns as divorces (in 1996, one in every three marriages ended in divorce), separations and working mothers, children are increasingly being entrusted to daycare centers, neighbors, home alone and the television. Child-rearing patterns have, thus, undergone drastic changes.

7.5. Family Factor that Causes Delinquency

Discipline is another interrelated part of family relationships that affects delinquency. Disturbed family relations play a very important role in the problem of delinquency. In an investigation of high-delinquency areas in New York City, Craig and Glick found three factors related to increased likelihood of delinquency: 1) careless or inadequate supervision by the mother or surrogate mother; 2) erratic or overly strict discipline; and 3) lack of cohesiveness of the family unit.

Sheldon and Glueck found that 4.1 percent of fathers were found to use sound discipline practices; 26.7 percent, fair; and 69.3 percent, unsound. The types of discipline practices were described as follows:8

Sound – Consistent and firm control but not so strict as to arouse fear and antagonism.

Unsound – Extremely lax or extremely rigid control by the parents, which, on the one hand, gives unrestrained freedom of action and, on the other hand, restricts to the point of rebellion.

7.6. Juvenile Court:

The juvenile courts still hold broad powers over children. These powers include the right to depart from legal procedures established for criminal courts and to deny to children and their parents privileges normally accorded defendants in civil courts. The juvenile court may, for example, consider evidence that would be inadmissible in both criminal and civil courts. The justification offered for this vast delegation of power over children is that it is essential if the court is to determine how best to rehabilitate the child and how to provide adequate care for him. According to the standards suggested by the United States Department of Health, Education and Welfare, if a juvenile court is to become fully effective, it must have the following:

1) a judge and a staff identified with and capable of carrying out a non-punitive and individualized service.

2) Sufficient facilities must be available in the court and the community to ensure:

____a) that the dispositions of the court are based on the best available knowledge of the needs of the child,

____b) that the child, if he needs care and treatment, receives these through facilities adapted to his/her needs and from persons properly qualified and empowered to give them,

____c) That the community receives adequate protection.

3) Procedures designed to ensure:

____a) that each child and his situation are considered individually,

____b) that the legal and constitutional rights of both parents and child and those of the community are duly considered and protected

7.7. Remedy

For the remedies of juvenile delinquency following efforts must be taken:

Family counseling
Parenting education

iii. Youth mentoring

Educational support
Abuse education and treatment
Youth sheltering

vii. Teaching the social and religious values to young generation

With the development of delinquency in youth being influenced by numerous factors,

prevention efforts must comprehensive in scope.

As it is difficult for state like Pakistan to provide the financial resources necessary for the remedies of juvenile delinquency it is necessary that NGOs, communities must work in collaboration with each other to prevent juvenile delinquency. Delinquency Prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial, activity. Increasingly, governments are recognizing the importance of allocating resources for the prevention of delinquency.

Because it is often difficult for states to provide the fiscal resources necessary for good prevention, organizations, communities, and governments are working more in collaboration with each other to prevent juvenile delinquency.

With the development of delinquency in youth being influenced by numerous factors, prevention efforts are comprehensive in scope. Prevention services include activities such as substance abuse education and treatment, family counseling, youth mentoring, parenting education, educational support, and youth sheltering. Increasing availability and use of family planning services, including education and contraceptives helps to reduce unintended pregnancy and unwanted births, which are risk factors for delinquency.

Under above this opinion that, the juvenile delinquency has been created the family because as result of disintegration of the family. So every person is careful that any how there is no born of child in family without lack of love her father & mother.

CHAPTER – 8

8.1. Sexual offences in the family

This concept of crime led penologists to believe that struggle against crimes was above all a struggle against poverty, sickness, alcoholism & prostitution. Modern mechanism & urbanization has brought about total disintegration of the family institution which was created serious problems in human life. The control of parents over their wards has weakened considerably. In fact it is this parental negligence which has mainly responsible for growing indiscipline, rowdyism & vagrancy among youngster. As a result of this unhappy development, the incidence of sex delinquency in the from of unmarried motherhood, abortion, rap, kidnapping, enticement, abduction a adultery, incest, indecent assault etc. has become too common. A study of sexual offences in one of the American states reveals that almost 88 percent of the school-going girls between the age of fourteen and eighteen had sex experience before attaining puberty. Another survey in U.S.A. concluded that in one out of every five or ten marriages today the bride is already pregnant.

8.2. Sexual offences in the Family of Bangladesh perspective:

The justification for the acceptance of this practice was that it provide legitimate outlet for persons to pacify their sex urge within the family itself. But the post independence legislation on divorce, immoral traffic in women and children, marriage & other enactments relating to personal laws have narrowed down the scoop of legitimate sex activates to such an extent that there has been an enormous increase in sex crime in recent times. It condemns all forms of sex indulgences expecting the marital union of spouses as husband and wife. In result, there may be occasions when a man might not be in a position to satisfy the sex urge of her husband. The reason for his dissatisfaction need not necessarily be impotency alone but there may be several other reasons such temperamental differences, physical imbalance, disease, attitude of neglect or distrust for each other, personal occupations or vices in any of the spouses or it may also be due to family circumstances where opportunities for conjugal meetings may be wanting. This is bound to cause sex frustration among the spouses which in turn, results in violation of sex codes thus leading to sex delinquency .Significantly, the provisions of Mohammedan law as to marriage, dower & divorce seem to be more elastic & permissive in this regard. The permissibility of four wives to a Muslim husband, provisions of muta marriage and easy modes of talaq are infect meant to mitigate illegal sex indulgence. In fact life & sex are inseparable. That apart, sexual impulse affects all alike whether male or female , rich or poor, educated or illiterate , men of high status or lower statues. The insanity of sex emotion among individuals may, however, very depending on their personal traits and vio-physical factors. This is difference due to the condition of gonad glands which are more active in some individuals than is others .These violations of attitude towards sexuality individual.

The problem of prostitution as a worse type of sex delinquency necessarily arises out of this basic consideration about the sex activities of mankind. Others from of sex crime are rape, adultery, incest, outraging the modesty of women, prostitution, sodomy, pornography, fornication. Homosexuality, exhibitionism ,etc.

8.3. Causes of sex Delinquency:

Bio-scientists have opined that sex involvement through basically evil, is necessary for protection, physical fitness & mental satisfaction of mankind. Like any other society, the Bangladeshi society expects that sexual activities must be confined to marital relationship & sex indulgence outside marriage wedlock is an offence punishable under penal law.

Another notable feature regarding sexuality is that chastity is stressed more on women than men. Sex- crimes have now –a –days become so common that people have lost all seriousness about them & they are looked upon as an ordinary mode of human behavior. The factors which are mainly responsible for steep rise in sex offences are as follows: —-

1) According to Dr. Frued, Id generates sex urge in a person yet the force of ego & super-ego within makes him conscious that only the righteous means to fulfill this desire would project his personality and any deviation from the accepted norms would damage his reputation. This it is the force of self-consciousness (ego) & self-criticism (super-ego) which keeps most persons on the right path.

2) Due to the impact of western culture, the age old traditional norms and customs are fast losing there hold on the society. Slackness in domestic discipline offers frequent opportunities for judicial separation, divorce & material disputes. It is significant to note that that uneducated & illiterate masses still have a unshaken faith in the institution of family & integrity of family life. This accounts for the growing incidence of sexual crimes in urban areas as compared to rural regions.

3) The institutions of family have disintegrated. The modern women no longer confines no longer confines herself within the precincts of four walls of her house but participates in outdoor activities shoulder to shoulder with men . As a result of this change in the attitude of women, the housewife is no longer content with the passive role in her domestic life. Closer association of women with men, particularly at work places, provides occasion for intimacy which background for sex delinquency.

4) Urbanization due to industrial progress of the county has given rise to several new problems in human life. Parents have to stay away from their home for a considerable long time during working hours.

5) Referring to sex deviants, Donald Theft rightly observed that changes in the habits of dress & undress, sex them in literature, drams obscenity in advertisements, movies, televisions & cinemas may stimulate sexual impulse in varying degrees. The peculiar customs & clothing’s of modern girls and women invite lustful looks of sexy person. The cosmetics used by modern women & pregnancies of scent, essence, perfumes & other cosmetics also stimulate sex sensation.

6) The influence of intoxicants such as liquor, drugs etc, also accounts for the incidents of sex crimes. Consumption of wine liquor has become a part of habit with most of the persons. Under the influence of intoxication, a man becomes wiled and rash. He becomes emotionally excite and forgetting all normal restraints, becomes aggressive and commits sex crime recklessly, through he may repent for it after he resumes normal sense . Even fathers are known to have raped their daughters or daughter-in-laws under the influence of intoxication.

7) It is for this reason that early marriage acted as a safety value to put a check on sex crimes because they offered legitimate opportunities to spouse to satisfy their sex desire and refrain from forbidden sex indulgences.

8) Family unhappiness due to wife being frigid or husband being weak in sex act may also divert the spouses to prohibited sex conduct.

9) Those living in broken homes, slums, crowded localities or vicious inhabitation are easily phone to sex delinquency and generally become sexual psychopaths. These persons are positive danger particularly to women and who are usually the victims are sex crime.

8.4. Gang rape

Some forms of sexual violence, such as gang rape, are predominantly committed by young men. Sexual aggression is often a defining characteristic of manhood in the group and is significantly related to the wish to be held in high esteem. Sexually aggressive behaviour among young men has been linked with gang membership and having delinquent peers. Research also suggests that men with sexually aggressive peers are also much more likely to report coercive or enforced intercourse outside the gang context than men lacking sexually aggressive peers. Gang rape is often viewed by the men involved, and sometimes by others too, as legitimate, in that it is seen to discourage or punish perceived immoral behaviour among women, such as wearing short skirts or frequenting bars.

8.5. Sexual gratification

Though anger and power are believed to be the primary motivation for most rapes, in 1994, Richard Felson coauthored the controversial book “Aggression and Coercive Actions: A Social-Interactions Perspective” with James Tedeschi, a book which argues that sexual fulfillment is the motive of rapists, rather than the aggressive desire to dominate the victim. Felson believes that rape is an aggressive form of sexual coercion and the goal of rape is sexual satisfaction rather than power. Most rapists do not have a preference for rape over consensual sex. In one study, male rapists evaluated with penile plethysmography demonstrated more arousal to forced sex and less discrimination between forced and consensual sex than non-rapist control subjects, though both groups responded more strongly to consensual sex scenarios.

Individual factors:

Known victim

Data on sexually violent men show that most direct their acts at women whom they already know.

Alcohol and drug consumption

Alcohol has been shown to play a disinheriting role in certain types of sexual assault, as have some drugs, notably cocaine. Alcohol has a psychopharmacological effect of reducing inhibitions, clouding judgments and impairing the ability to interpret cues. The biological links between alcohol and violence are, however, complex. Research on the social anthropology of alcohol consumption suggests that connections between violence, drinking and drunkenness are socially learnt rather than universal. Some researchers have noted that alcohol may act as a cultural break time, providing the opportunity for antisocial behaviour. Thus people are more likely to act violently when drunk because they do not consider that they will be held accountable for their behaviour. Some forms of group sexual violence are also associated with drinking. In these settings, consuming alcohol is an act of group bonding, where inhibitions are collectively reduced and individual judgment ceded in favour of that of the group.

8.6. Psychological factors

There has been considerable research in recent times on the role of cognitive variables among the set of factors that can lead to rape. Sexually violent men have been shown to be more likely to consider victims responsible for the rape and are less knowledgeable about the impact of rape on victims. Such men may misread cues given out by women in social situations and may lack the inhibitions that act to suppress associations between sex and aggression. They may have coercive sexual fantasies, and overall are more hostile towards women than men who are not sexually violent. In addition to these factors, sexually violent men are believed to differ from other men in terms of impulsivity and antisocial tendencies. They also tend to have an exaggerated sense of masculinity. Sexual violence is also associated with a preference for impersonal sexual relationships as opposed to emotional bonding dubious – discuss, with having many sexual partners and with the inclination to assert personal interests at the expense of others. A further association is with adversarial attitudes on gender, that hold that women are opponents to be challenged and conquered.

8.7. Peer and family factors

Early childhood environments

There is evidence to suggest that sexual violence is also a learnt behaviour in some men, particularly as regards child sexual abuse. Studies on sexually abused boys have shown that around one in five continue in later life to molest children themselves. Such experiences may lead to a pattern of behaviour where the man regularly justifies being violent, denies doing wrong, and has false and unhealthy notions about sexuality.

Childhood environments that are physically violent, emotionally unsupportive and characterized by competition for scarce resources have been associated with sexual violence. Sexually aggressive behaviour in young men, for instance, has been linked to witnessing family violence, and having emotionally distant and uncaring fathers. Men raised in families with strongly patriarchal structures are also more likely to become violent, to rape and use sexual coercion against women, as well as to abuse their intimate partners, than men raised in homes that are more egalitarian

8.8. Societal factors

Factors operating at a societal level that influence sexual violence include laws and national policies relating to gender equality in general and to sexual violence more specifically, as well as norms relating to the use of violence. While the various factors operate largely at local level, within families, schools, workplaces and communities, there are also influences from the laws and norms working at national and even international level.

Poverty

Poverty is linked to both the perpetration of sexual violence and the risk of being a victim of it. Several authors have argued that the relationship between poverty and perpetration of sexual violence is mediated through forms of crisis of masculine identity.

8.9. Physical and social environment

While fear of rape is typically associated with being outside the home, the great majority of sexual violence actually occurs in the home of the victim or the abuser. Nonetheless, abduction by a stranger is quite often the prelude to a rape and the opportunities for such abduction are influenced by the physical environment. The social environment within a community is, however, usually more important than the physical surrounding. How deeply entrenched in a community beliefs in male superiority and male entitlement to sex are will greatly affect the likelihood of sexual violence taking place, as will the general tolerance in the community of sexual assault and the strength of sanctions, if any, against perpetrators. For instance, in some places, rape can even occur in public, with passersby refusing to intervene Complaints of rape may also be treated leniently by the police, particularly if the assault is committed during a date or by the victim’s husband.

8.10. Laws and policies

There are considerable variations between countries in their approach to sexual violence. Some countries have far-reaching legislation and legal procedures, with a broad definition of rape that includes marital rape, and with heavy penalties for those convicted and a strong response in supporting victims. Commitment to preventing or controlling sexual violence is also reflected in an emphasis on police training and an appropriate allocation of police resources to the problem, in the priority given to investigating cases of sexual assault, and in the resources made available to support victims and provide medico-legal services. At the other end of the scale, there are countries with much weaker approaches to the issue where conviction of an alleged perpetrator based on the accusation of the women alone is not allowed, where certain forms or settings of sexual violence are specifically excluded from the legal definition, and where rape victims are strongly deterred from bringing the matter to court through the fear of being punished for filing an Social norms

Sexual violence committed by men is to a large extent rooted in ideologies of male sexual entitlement. These belief systems grant women extremely few legitimate options to refuse sexual advances. Some men thus simply exclude the possibility that their sexual advances towards a woman might be rejected or that a woman has the right to make an autonomous decision about participating in sex. In some cultures women, as well as men, regard marriage as entailing the obligation on women to be sexually available virtually without limit, though sex may be culturally proscribed at certain times, such as after childbirth or during menstruation.

Societal norms around the use of violence as a means to achieve objectives have been strongly associated with the prevalence of rape. In societies where the ideology of male superiority is strong, emphasizing dominance, physical strength and male honour, rape is more common. Countries with a culture of violence, or where violent conflict is taking place, experience an increase in almost all forms of violence, including sexual violence. unproven rape suit.

8.11. Global trends and economic factors

Many of the factors operating at a national level have an international dimension. Global trends, for instance towards free trade, have been accompanied by an increase in the movement around the world of women and girls for labour, including for sex work. Economic structural adjustment programmes, drawn up by international agencies, have accentuated poverty and unemployment in a number of countries, thereby increasing the likelihood of sexual trafficking and sexual violence. Something particularly noted in Central America, the Caribbean and parts of Africa.

8.12. Feminist theories of male-female rape

One feminist theory of male-female rape as put forward by Susan Brownmiller is that: “rape is nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear”. Some feminists assert that male domination of women in socio-political and economic domains is the ultimate cause of most rapes, and consider male-female rape to be a crime of power that has little or nothing to do with sex itself. However, a 1983 study comparing 14 indicators of male dominance and the incidence of rape in 26 American cities found no correlations, except one where greater male dominance actually decreased the incidence of rape. Social learning theory of rape is similar to the feminist theory and links cultural traditions such as imitation, sex-violence linkages, rape myths (e.g., “women secretly desire to be raped”), and desensi Rape culture

Main article: Rape culture

Rape culture is a term used within women’s studies and feminism, describing a culture in which rape and other sexual violence (usually against women) are common and in which prevalent attitudes, norms, practices, and media condone, normalize, excuse, or encourage sexualized violence. Within the paradigm, acts of sexism are commonly employed to validate and rationalize normative misogynistic practices; for instance, sexist jokes may be told to foster disrespect for women and an accompanying disregard for their well-being, which ultimately make their rape and abuse seem “acceptable”. Examples of behaviors said to typify rape culture includevictim blaming, trivializingprison ra The sex industry and rape, and sexual objectification.tization to be the core causes of rape.

The relation between the sex industry (pornography, striptease, live sex shows, prostitution, etc) and rape has also been discussed. Some theorists charge that the acceptance of these sexual practices increases sexual violence against women, by reinforcing stereotypical views about women, who are seen as sex objects which can be used and abused by men, and by desensitizing men; this being one of the reasons why some theorists oppose the sex industry. They argue that pornography eroticizes the domination, humiliation, and coercion of women, and reinforces sexual and cultural attitudes that are complicit in rape and sexual harassment.

8.13. Child Sexual Abuse

Child sexual abuse occurs when adults use children for sexual gratification. Sexual abuse may begin with kissing or fondling, and progress to intrusive sexual acts, such as oral sex and vaginal or anal penetration. Child Abuse may be combined with emotional abuse that destroys a child’s self-respect, for example repeated verbal abuse such as shouting, threats, and degrading or humiliating criticism, emotional incest and emotional blackmail.

8.14. Incest:

Incest occur when a person has sexual relations with his child, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter. The definitions of “brother” and “sister” include half-brothers and half-sisters, i.e. siblings who have only one parent in common.

In order for incest to occur, the two people having sexual intercourse must be biologically related. A family member who has sexual intercourse with an adopted child is not committing incest. Also, cousins, aunts, uncles, nieces and nephews are excluded from the definition of incest. Furthermore, incest only occurs if there was actual sexual intercourse (i.e. penetration).

RELATION SHIP WITH MOTHE & SISTER:

Depending on the degree of “closeness” this can be a very toxic situation for all parties involved. My best friend dated a guy for 4 years. They were very serious. He had an older sister and he had lived with her in a house together for 12 years. Both brother and sister are in their early 40s. They truly function as husband and wife in a home together, minus the physical relationship. The brother fixes things around the house, washes the cars, etc. The sister cooks, cleans, does their laundry, plans vacations for the two of them, etc. I understand where you are all coming from regarding interfering with brother and sister relationships. I agree, it is a bad idea. But, there are some brother and sister relationships that are so warped it is not healthy for either of them (or anyone they attempt to date) It is actually called “emotional incest”, where a family member has an inappropriate relationship with another family member and they treat each other as spouses, instead of brother-sister, mother-son, etc. Here, this guy treated his girlfriend (my friend) more like a mistress. They constantly had to whisper and walk on eggshells around his sister so as not to upset her. When they had plans and the sister wasn’t invited, he would lie to the sister and tell her he was working late. When she found real estate literature he brought home from an open house with his girlfriend she had a complete meltdown. He ended up lying to her and telling her he was just going to buy the place to rent it out to his co-workers. Ultimately, he decided he couldn’t leave his sister for another woman and the relationship fell apart. So, while everyone makes valid points, there are situations that can be very problematic and if the original poster sees red flags here, then it could be symptomatic of something bigger. Trust me, my friend did not want to see the signs and was embarrassed to admit a lot of these stories. His sister would cry when she would find out that he was spending time with his girlfriend and her family, for example. So, I think it is a very serious problem when this “closeness” between a brother and sister prevents them from intimate bonding with other adults outside of their family. I agree, blood is thicker than water. But as adults I think it is important to have healthy boundaries within a family. Neither has ever married, neither has kids. Brother n sister can do sexual intercourse.

8.15. Remedial measure:

The following remedial measures may further be suggested for the prevention of sex delinquency: —–

I) The marriage between the spouses who are related by blood. It is mainly for this reason that most of the personal laws forbid marriage between those who are related by blood & fall within the prohibited degree of relationship.
II) Parents should consider keep there wards well under control and pre-warn them of the possible dangers involved in illegal sexual acts.

III) Some criminologist suggest that imparting sex education & providing correct knowledge about sex to the young persons would help them to understand sex better than get addicted to aberrations which border on crime .It has been generally accepted that the primary object of sex education should be help to young boys & girls to acquire healthy understanding of sex relations & correct role of man & woman so that they can better adjust as husband and wives in future and many maintain harmonious inter-personal relations between sexes.

Much of the sex criminality may be prevented by the initiative of women themselves. They should guard against providing any opportunity to the potential sex order. Active vigilance by the police particularly, in busy stress, railway, market, bus stands, schools, colleges, cinema house & public garden etc.

CHAPTER – 9

Family rights violation & its causes:

Domestic and family violence is when someone intentionally uses violence, threats, force or intimidation to control and manipulate a family member, partner or former partner. A central component of this definition that is also important for defining the difference between relationship conflict and domestic and family violence is the aspect of power and control. Domestic and family violence is characterized by one partner or family member using abusive behaviour/tactics to obtain power and control over their victim. The abuse is intentional and systematic, and often increases in frequency and severity the longer the relationship goes on.

9.1. Family Violence

Many Indigenous and CaLD (Culturally and Linguistically Diverse) communities prefer the term ‘family violence’ which includes all forms of violence within intimate and family relationships.This is the preferred term since it is not only partners, wives, or de-factor who are victims of violence and abuse but also mothers, sisters, aunties, children, some men, extended family and community.

9.2. A gendered crime

Domestic and family violence is a gendered crime. 95% of the victims of domestic and family violence are female and over 90% of the perpetrators are male.

A) Forms of abuse

Physical abuse – any behaviour that is intended to cause harm e.g. pushing, slapping, punching, choking, and kicking.
Sexual assault/abuse – forcing you to participate in any kind of sexual activity that you are not comfortable with or do not want to do. Sexual abuse can also include denying sex.
Financial abuse – taking or limiting your money, stealing.
Social isolation – keeping you away from friends and family.
Verbal – threats, put downs, insults, shouting.
Emotional – mind games, manipulation, humiliation, making you feel worthless and no good.
Spiritual deprivation – keeping you away from places of worship, forcing you to participate in spiritual/religious practice that you do not want to be involved with.
Property damage – smashing objects in the home.
Intimidation/stand over tactics – stalking, following, making you feel scared.

Other forms of abuse that happen to many women and children include:

Threatening to harm or actually harming/killing pets.
Threatening to commit suicide.
Withholding medical treatment.
Driving dangerously with the intent to cause harm or fear.
Women

1 in 5 women in Australia are abused in an intimate relationship at some point in their adult life. In addition, 1 in 5 women also experience some kind of sexual violence/assault (ABS, 2006).

Children and Young People

1 in 4 children witness domestic and family violence in the home and 1 in 3 young people who have a boyfriend or girlfriend experience violence and abuse in that relationship (Indermaur, 2001).

Older adults

The exact prevalence of elder abuse in Australia is unknown. Research indicates that the rate of elder abuse varies from 1.2% – 5.5% (Curtin Division of Health Sciences, 2002). However, these figures are derived from service providers who have come into direct contact with victims of elder abuse and it is believed that there are many more older adults in the community who have or are being abused by their partner or adult children who have not come forward.

Indigenous women

Indigenous women are significantly over-represented in statistics of domestic and family violence victimization. In Australia Indigenous women are 45 times more likely to experience domestic and family violence compared to non-Indigenous women and make up 50% of Australia’s domestic and family violence victims (Ferrante, 1996). Because of the large amount of violence that is perpetrated against Indigenous women, Indigenous children are exposed to violence at a very high rate. Research indicates that 42% of Indigenous children witness domestic and family violence in the home (Indermaur, 2001).

Culturally and Linguistically Diverse (CaLD) women

Accurate statistics about CaLD women’s experiences of domestic and family violence in Australia are very hard to come by, however, researchers and service providers are agreed that the rate of violence perpetrated against CaLD women is very high (Boner & Roberts, 2006; Erez, 2000; Immigrant Women’s Speak out Association, 2000).

People of diverse sexuality and gender

Research conducted by Pitts and colleagues (2005) surveyed 5476 gay, lesbian, bisexual, transgender and intersexes people and found extremely high rates of intimate partner violence. Among gay men and lesbian women 27.9% and 40.7% respectively reported that they had been in a relationship in which a partner abused them. 61.8% and 36.4% of transgender men and transgender women respectively reported being abused in an intimate relationship; and 36.4% and 42.9% of intersexes males and intersexes females respectively also reported being abused in an intimate relationship.

Women with a disability

Women who have a disability also experience domestic and family violence at very high rates. Recent research conducted by Cockram (2003) found that 72% of women who possess a disability have experienced some kind of emotional abuse, 55% have experienced social abuse, 58% experienced sexual assault, 50% physical abuse, 46% financial abuse and 39% experienced stalking.

B) Women

In 2000 the World Health Organization released a report that outlined the impacts of domestic and family violence on women’s physical and emotional health including:

Physical health

Injury
Death
Suicide
Unwanted pregnancy
Gynecological problems
Sexual transmitted diseases
Miscarriage
Pelvic inflammatory disease
Chronic pelvic pain
Headaches
Permanent disabilities
Asthma
Irritable bowel syndrome
Self-injurious behaviour (smoking, drug use, unprotected sex, self-harming)

C) Emotional health

Stress
Depression
Fear
Anxiety
Low self-esteem
Sexual dysfunction
Eating problems
Obsessive compulsive disorder
Post-traumatic stress disorder

Other consequences for women include isolation from friends and family members, disruptions at work and declines in concentration and productivity, and difficulties in learning to trust or connect to people outside of the home.

D) Children

Domestic and family violence impacts upon children in a number of different ways, affecting their physical and emotional health and their social skills and behaviour. For children, the impacts related to witnessing or experiencing domestic and family violence begin as early as infancy and can last a lifetime.

E) Physical

Children who grow up in a home where there is domestic and family violence are 15 times more likely to be abused or neglected
Some children and young people turn to drugs and alcohol or other self-injurious behaviour as a coping mechanism

F) Emotional

Many children and young people blame themselves for the violence and abuse that occurs at home
Fear
Anxiety
Stress
Depression
Post-traumatic stress disorder
Eating disorders
Do not feel safe
Confusion over their mixed feelings towards the abusive parent/family member

G) Behavioral/social

Inappropriate use of violence and aggression (as a result of modeling/learning from perpetrators behaviour)
Sleep disturbance
Comfort eating
Withdrawal vs. acting out (behaviors at either end of this extreme are common among children and young people who are exposed to domestic and family violence)

Research has also demonstrated that there is a strong intergenerational transmission of violence in that children and young people who are exposed to violence are significantly more likely to become involved in abusive relationships, either as the victim or perpetrator, when they enter adulthood. The above information is based upon three research studies Indermaur (2000); Kitzmann (2003); Osofsky (1999)

9.3. Violence in later life

Fear of what the abusive person might do. It is important to note here that these fears are in fact well justified as it is known that for many women and children separation is actually the most dangerous time in terms of threats to their physical safety and wellbeing.
Economic dependence – many women feel that they are financially dependent upon their partner and that they couldn’t survive on their own.
Low self-worth – many women feel that they are worthless and useless as a result of years of emotional abuse and degradation. These feelings keep many women in abusive relationships because they feel that they couldn’t cope or survive on their own.
Feelings of powerlessness and hopelessness – often women who have been abused feel that they don’t have the power to make change or feel that even if they do leave it won’t make a difference (e.g. that the abuse would continue).
Concerns about the children – concerns that children are better off in two parent homes.
Misinformation/Brainwashing – many women are fed misinformation by their abusers e.g. that no-one would help them, that the violence is their fault, no-one would believe them etc.
Shame/embarrassment – many women feel embarrassed and ashamed about the abuse that they experience and as a result this significantly reduces the likelihood of victims speaking out.
Cultural and religious barriers – in some cultures divorce and separation is frowned upon, for women from these cultural backgrounds these beliefs keep them in abusive relationships for a long time.
Fear that they won’t be believed – 80% of perpetrators of domestic and family violence are only violent at home and not in any other aspects of their life, indeed many perpetrators publicly present as being very charming and likeable. What this means is that many women fear that they won’t be believed if they speak out about the abuse and that in fact many women aren’t believed when they do speak out.
Isolation from social support networks – one of the abuse tactics commonly used by perpetrators is to isolate victims from their friends and family. This increases feelings of hopelessness and reduces a victim’s ‘options’ in regards to them leaving the home and having somewhere else to go.
Lack of knowledge about available DV support services and about their legal rights – many women do not know about the available support services for victims of domestic and family violence.
Normalization of violence – women who are from towns/communities where violence is highly prevalent can normalize the experience and begin to think that the abusive behaviors are acceptable.

9.4. Dowry & dowry death:

Giving of dowry in the marriage of a daughter is an age-old practice in Bangladesh. So many husbands to seem that there is no right on the family they remain all time as like as made servant. In case of Hindu law, they seem that, he had no right to inherent the parental property after her marriage. Of late, the greed for acquiring more and more property in the from of dowry has reached a stage when married women are subjected to physical & mental torture by the husband or her in laws for non-fulfillment of the demand of dowry by girl parents. Many a time this torture leads to un-natural death of the married women or he is compelled by circumstances of commit suicide.

9.5. Cause of Prostitution:

Prostitution is the big problem in our country & society. Actually, prostitution has been created the disintegration of the family & lack of proper guidance in the family of there father & mother. Besides, many father has create the illegal relationship with her daughter & to do sexual activities. For that reason, many women & children has victim about problem then they has commit suicide or go to the prostitution house to the sexual activities which is totally prohibited under the Muslim law.. The main problem is there proper guidance with the family, disintegration of the family. Many innocent girls & women who fall victim to this dubious profession can now be saved from leading a life of immorality through the process of rehabilitation. Besides sex gratification, these circumstantial causes include distributed domestic life, mutual quarrels, cruelty & running away from home due to the fare of punishment & displeasure of members of the family. Besides this, in some cases the husband himself voluntarily offers his wife to others for sexual enjoyment in exchange of money or some other material gain. In this system has been violated of our family life as well as Islamic law.

9.6. Torture & Harassment:

The role of women in Bangladesh is confined to that of a daughter, housewife & mother. Unfortunately, women are not safe even within the four walls of their homes. Housewives are subjected to physical torture and psychological harassment irrespective of their economic statues, religion, caste, & creed. Perhaps family conflict stresses, cultural norms & sexual inequality contribute to wife bettering. Women are vulnerable to acts of violence in the family which include feticide, infanticide, marital cruelty, dowry, murder, child abuse, incest, battering etc. At the community level, they face violence in the form of rape, sexual harassment, eve-teasing trafficking & sexual discrimination.

9.7. What causes Sexual Perversions in the society?

Theories about Sexual Assault & Perversion

Psychoanalytic Models
Victim Encouragement
Family Dysfunction and Incest • Psychological Models
Societal Models
Systemic Models

Psychoanalytic Models

In 1895, Sigmund Freud wrote about the consequences of sexual abuse, claiming that boys are sexually attracted to their mothers, and girls to their fathers. Freud tried to explain sex offences – “castration anxiety is a failure to resolve an Oedipus Complex which causes feelings of sexual inadequacy and a need to be sexually dominant”. Hence sexual offences would be parenting failures. A hundred years later, Freud’s models still strongly influence psychiatrists.

The psychoanalytic model places the blame of childhood sexual abuse and incest on the child and the mother, (which may well represent Freud’s biography). Although widely used by psychiatrists, we find Freudian psychoanalytic models to be very limited:

Mothers and children are blamed for childhood sexual abuse, not the abusers.
Does not explain father-son or mother-daughter sexual abuse, incest by other family members nor sexual assaults by neighbors, teachers, clergy or family friends.
Sex offenders or rapists are perceived as mentally sick, even though the vast majority of sexual offenders show no symptoms of other recognized mental illnesses.

Victim Encouragement

Victims are said to encourage rape through verbal and non-verbal behavior (for example by walking alone). A woman who accepts a dinner invitation or a lift home, or who visits a male friend at his home or who invites a male friend into her own home may be perceived by a rapist as a sex partner, and her actions rationalized as consent for sex. Verbal refusals of sex may be perceived by a rapist as “sex games” and be ignored or encouraged.

Men may force women to participate in sexual behavior
The victim is blamed for the responsibility for sexual assault
Men may deceive women and hide their intention to have sex

Family Dysfunction & Incest

Incest is seen as a symptom of a sick family, and all family members are considered responsible for allowing it to occur. Incest, in a dysfunctional family, is covertly used to keep a family together. Family dysfunction theory has been adopted by many government authorities.

Users of this model see the mother as a dysfunctional wife who does not fulfill her husband’s sexual needs, nor protect her children from him. She absents herself either emotionally or physically from her children by absence through work or illness, or by being emotionally and/or sexually frigid.

Despite wide acceptance, the family dysfunction model:

Does not explain other forms of sexual abuse
Does not explain two thirds of child sexual abuse
Minimizes or denies the devastating effects of incest on a child
Regards incest as a symptom that keeps a dysfunctional family together
Argues that a father imposes sexual demands on whoever does the housework

Mothers rarely ignore incest. In America, about 75% of mothers react to disclosed incest and 60% take immediate action, in contrast to the predictions of this popular model.

Psychological Models

Psychological models focus on identifying the personality profile and motivations of sex offenders. Some personality characteristics have been associated with sexual abusers.

feelings of masculine inadequacy
need to dominate and control family relationships
introverted or withdrawn behavior (few or no friends)
often adept at lies, evasions, excuses, justifications and blame

Research shows that abusers come from all social backgrounds; and do not suffer from known mental illnesses, nor do they necessarily have other criminal tendencies. This model perceives sexual abuse against women and children as normal male behavior.

Societal Models

Some say that social change can eliminate child abuse and sexual assault, by changing:

the balance of power between men and women
the balance of power between adults and children
the abusers’ responsibility for sexual assaults

Societal models explain sexual assault in terms of social structures. Abuse is considered to be a facet of a patriarchal society, and sexual abuse and sexual assault are a result of legal, social, economic and political systems which support or enforce male dominance over women and children. These models predict that men …

express dependency through sex
see wives and children as property
use sex to reconfirm their sense of self
are stimulated by the genitals of preferred sexual objects
desire sexual partners who are younger and smaller than themselves

This approach assigns responsibility to sexual abusers, but argues that socialization contributes to sexual abuse, and that women and children are passive, vulnerable and unable to resist.

Systemic Models

Our systemic model includes family dynamics about the victim, the abuser and the family as well as social and cultural factors. We provide a flexible framework which places responsibility with the abuser, while recognizing the influences of the abuser’s history, family and culture. This allows us to offer solutions for the victims and for the perpetrators of sexual abuse and sexual assault. We predict that:

The abuser identified with a family member who was perceived as a victim
At least one adult caretaker of the abuser was chronically sexually frustrated
The abuser’s family did not allow conversation or discussion about sexual issues
The abuser was abused, physically or emotionally, by an opposite sex caretaker
Most female sexual abusers will be bonded to immature (childish) male caretakers
Most male sexual abusers will be bonded to immature (childlike) female caretakers

9.8. Employment:

In case of employment female are discriminate not only in the family but also the working sectors. Many guardians to seem that they need not job out side in the house & various authorities discriminate to give the better position of the official post because they want to remain the female under the male position.

9.9. Less Salary:

Many women working in the outside of the private sectors but they do not get satisfactory salary from those sectors. They deprived their right which is necessary & legally to get a hard work. In the superior authority exploit their servant & worker they do not get the proper way they hares all time to give the salary.

9.10. Son preference:

Son is the always preference in the family because many fathers & her mothers to seem that her son is the light of her family. For this reason many husband torture & rough behave with her wife in the family. Many husband to seem that when the daughter has been given to marry then he must give some money & instrument to their bridegroom. So son is the always preference in the family because they want to relax in their last year or future days. So it is the discrimination of the family because when the born female in the family.

9.11. Discrimination in the Family compared to male:

Male is always discriminating to the female in the family. They do not compared to there female because they get full support in their family & get a proper take care but a female they do not get full support to their father & mother & they neglect all time & discourage the entire task.

9.12. Sexual Hazards:

Sexual hazard is the most common phenomenon in the family because many person to create illegal sexual relationship with her girlfriend even with her daughter, sister & mother, foster mother, aunty etc. But it is the totally prohibited in Islam & it is sin not only hated the society but also hated by the Allah according to Islam.

Many countries such as USA ,UK, India, China & the other countries to do open kiss with her mother , sister, daughter, foster mother & also father open kiss with her daughter ,they also attracted them & create a sexual relationship with her & some times he has pregnant but it is totally prohibited in the Islam or family. About one year ago has gotten some event. Women to go out side from house in her task then in this moment women husband has return from work in house. But that day was rain. Then there daughter was slept & lye in the bed but there is no cloth with her daughter cast. At this time when the see that situation then he has very exited & he caught her daughter to perform the sexual activities with her daughter. Then her daughter complains to the head of the village & arranges a village Salish & punish with the 100 betragat then this father was died.

9.13. Incest, Rape & domestic violence:

Incest, rape & family violence has been gotten in both educated & uneducated family. Incest is violating not only the family but also the Islam. Illegal relationship is totally prohibited n the Islam& create the sexual relationship with her mother, sister and father. Rap also creates the unlawful wear dresses & to move one place to another place to wear short dresses, tight Jens pant etc which is attracted to their body & create a rape. 24 – 5-2011 in the Daily Star news paper has written that about 6 years old child has raped with some person whose age about 30 years & with two companion to take the banana garden & when the raped the children has finished then the child was died for raped.

9.14. Traditional Practice:

Violation of rights in the family has continued the many years with custom and traditional practice. In the midi lest age many husband tortures with her wife and deprived many facilities they do not get outside to look for work & torture for the dowry & as regarded the servant. Traditional practice in the family deprived there rights & facilities.

9.15. Dowry related Violence & Early marriage:

Early marriage is the totally prohibited in the law under the age of eighteen years. Un educated family wants to give marry her daughter in early & they do not know this marriage is totally prohibited in the law & in case of Islam after the menstruation period. For that early marriage, their father can not make her daughter educated as a result they do not know about himself & there right. As a result many father was fallen the dowry system when give marry her daughter & daughter has fallen the torture & they sometimes commit suicide for the victim of dowry which is violates the societal life.

9.16. Gender based abused:

Male is always prevail in the society and get the extra benefit from her father and mother. But many female is deprived their right because they can not protest their right strongly& there father and mother does not encourage & conscious about there right. As result many women discriminate in the family with cooler, employment, and sexual harassment & compared the female with the slavery.10-5-2010 has been occurred some event in the Dhaka University. Romana Manjur is the teacher of the Dhaka University. He has faced the serious torture from her husband in the family not only the physically but also the mentally. Romana Manjur was gone abroad to complete the PHD about their subject. But he has made a good relationship with friend but he has more busy about the study & talk with her husband sometimes. When he has returned the Bangladesh from the abroad and some times he has talk with her friend. But her husband has doubt her wife he has seemed that he has create a sexual relationship because they do not enough time her children and her husband. Then he has torture about every day which is violated their human rights in the family. One day he has attacked her wife of eye to the finger which was very dangerous & painful of her wife who is violated her fundamental rights in the family & abused her power on her wife.

9.17. Non -Implementation of Law:

There are some laws about the family matter in the country but there is no implementation of the existing law as a result crime is increased day by day in the family because governmental authority is fallen in corruption.

CHAPTER – 10

Remedy violation of rights in the family:

Many male & female has violated in the family. They deprived not only the fundamental rights but also has suffered serious torture physically and mentally. Many effective measures has taken to eradicate the torture, violence, free from dowry, slavery, sexual assault ,child marriage, child labour ,sexual abuse, acid through etc. from the society as well as in the country. The government should effective steeps to remove the problem in the family violation. There are some effective steps to eradicate the family violation in the society which has been given in the below: ——-

10.1 . Dignity and Equality:

Every female must to give the dignity and the equality not only the family but also all the sectors. There is no discriminate in the society for the any reason. Every female & children should be taken to the proper care in the family because there are some fundamental rights in the family to survive her life.

10.2. Work and the Family

As both a right and a duty, works expresses and fulfills the dignity of human beings. It demonstrates their ability to dominate the world around them ; it contributes to the development of their personality, and makes the growth of civilization possible. The whole of society and the organizations and policies of the States must generate conditions that will lead to making it possible for everyone to work. We cannot forget that “work constitutes a foundation for the formation of family life, which is a natural right and something that man is called to. So every family should be given to chance to work outside in the home of the female and to respect there so that he enjoys there all fundamental facilities in the society.

10.3. Protection before & after death:

Everyone has the right to life. “. This principle was developed by the Declaration on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1959, whereby “a child, because of its lack of physical and mental maturity, requires special protection and care, including due legal protection both before and after birth”. This same statement was later incorporated into the “Preamble” of the Convention on the Rights of the Child, approved by the United Nations General Assembly on November 20, 1989. So every person must give proper treatment & proper security in the family.

10.4. Solidarity between Men and Women:

As the first natural community, the family is the exemplary place for solidarity. In the family human beings gradually become aware of their dignity, acquire a sense of responsibility, and learn to give attention to others. In the family, solidarity develops beyond the spouses’ love relation and extends to the relations between parents and children, siblings, and inter-generational relations. The true communion of solidarity incorporates and is built on the reciprocity of the genders. Men and women share the benefits and burdens of solidarity equally. They are complementary: “God created man in his image; in the divine image he created him; male and female he created them”

10.5. The Right to Family:

The family is the fundamental and natural unit of society and requires the full protection of the state. Human rights law upholds the positive right of all peoples to marry and found a family. It upholds the ideal of equal and consenting marriage and tries to guard against abuses which undermine these principles. Every female should give the proper facilities to make consciousness about her life so that he has not deprived there right.

10.6. Right to marry and found a family:

The family is recognized as the most natural and fundamental unit of society and therefore the right of all to marry and found a family is protected in human rights law. Human rights law does not dictate the types of family unit that are deemed acceptable and in the world today there are many diverse forms of families and marriages.Every male and female when their age is complete in case of male 21 & female 18 then every right has been preference in the family because every matured male & female can express there opinion freely.

10.7. Equal rights of men and women in the family:

Human rights law asserts the equal rights and responsibilities of both men and women at marriage, during the marriage and at its dissolution. The status of women is often determined by their relationship to male family members and may affect their rights and entitlements e.g. right to inherit family property. In some countries, women’s rights in various areas e.g. nationality and citizenship are curtailed or denied by law upon entering a marriage.

10.8. Right to family planning:

That the right has not been enshrined in a legally binding human rights treaty and the whole issue of family planning remains a controversial one for a variety of reasons: fear of coercive family planning programmes; idea that family planning promotes promiscuity; abortion debate and status of the unborn child. Every female in the family has right to create and establish or to make a better family planning. You have to take any decisions in the family then you have must share & consult with your wife.

10.9. Rights of children to parental care:

10.10. Public awareness:

Every educated family must creates a public awareness about the family rights. They must ensure their parental right in the society and to arrange a seminar, symposium, banners, placard pistons etc to the purpose of public awareness.

10.11. Every male and female must be educated:

Every sectors in the world every person such as male and female must be educated in the family so that every person to know that there right in the family & what duty to be performed in the society. So government should take proper care to increase the education raised & also should establish & construction to the school, college, university etc. to eradicate the illiteracy.

10.12. Prohibition of early marriage:

Every early marriage should be prohibited in the society and early marriage should punishable in the marriage Act.

10.13. Implement the Child Rights Act, 2006:

The commissions for protection of Child Rights Act, 2006 should implement & proper effectiveness in the society so that every child has enjoy their right properly in the family.

Section-13(1)(d) of this Act casts a duty upon the commission to examine all factors that inhabit the enjoyment of rights of children affected by terrorism, communal violence , riots , natural disaster domestic violence, sex abuse, trafficking, maltreat, torture & exploitation, pornography, prostitution etc.& recommend appropriate remedial measures. The commission shall have power to inquire into such case and forward them to magistrate having jurisdiction to try the same. For the purpose of providing speedy trial of offences against children or of violation of children rights, the government with the concurrence of the chip justice of the high court may specify at least one Court of Session to be a children’s court to try such offences. So every person & the government should take immediate measure to protect & implement the child right.

10.14. Protection of women against possible sex harassment by police personal:

As a law enforcement agency the police owe a social and legal responsibility to protect women against crimes. However, with the increasing number of young girls coming in contract with police either as complaints or as accused or as victims of crime, there is likelihood of the police personal measuring their power and authority & misbehaving or harassing the women sex .Therefore, adequate safeguard s have been incorporated in the Code of Criminal Procedure, as also the Police Acts & rules of the states for the protection of the women against possible harassment by the police.

10.15. Prohibition of dowry & dowry deaths:

Dowry is the social phenomenon of our country. For this reason that about many years has come practicing in the society as a result many young girl has victim the torture, commit suicide & has broken their family life. Dowry has bringing & taking both in social crime & punishable under the Penal Code. So government should take effective & necessary measure to eradicate the dowry from the society and every female must educate self sufficient, conscious about her right.

10.15. Prohibition of incest:

Every person should be honest and fear my Almighty Allah because illegal relationship has created the society for this reason dose not fear of my Almighty Allah. Generally, illegal relationship has create the family for the disintegration of the family & when father & matured daughter has live under the same building incase the sister and brother has been create the mutual relationship to him. Then once upon a time has been created emotionally between both of them then for that time they has been engaged the illegal relationship. So every father, mother, sister, brother must be conscious about her blood relation. Incest is hated not only the society but also hated to Allah. Government should make effective law so that anywhere dose not engaged the illegal relationship.

Should be changing the traditional practice:

Every sectors of the country has been digitalized & improvements all the sector.So traditional practice should be changed rapidly because every sector of the female has engaged in the numerous development activities. Every sector has engaged women working & increased their education qualification.

10.16. Stop the son preference:

Male & female is the equal right in the society. So any female can engaged every sector for their merit & remove the sorrow ness to her father & mother. So son is not fact for the society main reason is that who is the best in the society & who is the qualified & maintain her family life.

10.17. Equal salary:

Female has discriminated in every sector because they do not get proper salary for exchange in the hard work. Some superior authority has deprived their right and they use them as a made servant & sometimes they torture their freedom of right to work not only the officially but also the family. So this system should be changed in the country because every right has been equal & they enjoy the proper facility for there official sector & there must be given the proper salary for their work.

10.18. Prevent the sexual assault within marriage & the work place:

After the marriage every husband has right to create on her wife & he can enjoy all facilities as like as sexual intercourse legalizing for the procreation of children. Any work which is family related every husband must consent her wife because they have every right to know what is bad or good. When the husband has to do sexual activities with her wife they must consent her wife because he has prepared physically or mentally fit to the sexual activities or not which is mentioned the Muslim marriage Act. So any step of the family whether sexual activities or any other things related to the family any decision against her wife that is regarded as a sexual crime. So every person has avoid the sexual assault within the marriage & any person has attracted to the female to do sexual activities for the purpose of marriage which is illegally relationship which is treated the sexual offence & punishable even death sentence. So every person must prevent this activity which is totally prohibited & punishable in the eye of law.

Every working place the superior authority wants to create sexual activities for their inferior working women & they said that they must give the promotion or remuneration in the high level. So this activity must be prohibited in the working place in this sexual harassment.

10.19. Respect their father & mother must be maintaining in the family:

In every family should respect heir mother and father and maintain there every demand when they are old. When the son is matured & earning in the family then he has responsible to maintain her younger sister, brother, grand mother, grand father. He must take proper care in their guardian & he can not deprived any facilities from the demand & enjoy their right. They do not torture their respective parents if they any mistake for there work. Every mad, unsound mind son should be respect there guardian & they can not angry on her parents & do not killed for their mutual understanding. So every parents should learn proper education, to make moral character & learn the Islamic story so that her children understand that how can be take care there respective father & mother in the family.

1.20. Implementation of the law:

The government should implement the law which is given the below:–

1) The Child Marriage Restrain Act,1929

2) The Dissolution of Muslim Marriage Act,1939

3) The Muslim Family Laws Ordinance,1961

4) The Muslim Marriage & Divorce (Registration) Act,1974

5) The Prohibition Act,1980

6) The Family Court Ordinance,1985

7) The Guardians & Wards Act,1890

8) The Muslim Marriage & Divorces (Registration) Rules,1975

9) The Family Court Rules,1985

10) The Special Marriage Act,1872

11) The Nari O’Shishu Nirjaton Daman Ain,2000

12) The Children Act, 1974

Above mentioned the law, the government should take the proper steps to implement the laws & proper utilize & exercise on the family to prevent the torture, sexual harassment ,sexual assault within marriage, dowry system & death, violation of children right, dissolution of marriage , deprived the guardian their right. So government should implement the law & should publish for that violation of this law & what punishment for this violation.& must encourage their social activities to prevent the crime in the society such as kidnap, sexual assault, sexual harassment, discrimination oft here right, dowry etc.

CHAPTER – 11

Conclusion:

1) Family is the backbone in the society. Every person has born in the family & learn how movement one place to another place. Every person has made himself to the moral character, self sufficient & what should be attitude to survive in the family. Every person should be conscious about himself to responsible in the family.

2) Every country has broken the family rapidly because they do not know about her family life. For this reason many person has bad behaviour increase their father & mother & they addicted, the drugs, heroine, gaza, afim,& take intoxicate injunction into there body as result to see the many news paper that the son has killed her father & mother to be the intoxication.

3) Dowry system is the social phenomenon in the society or country. Many female has broken there marriage for the dowry when there guardian fail to fulfill the demand to bridegroom then has create this problem & for this reason many girl has commit suicide to their life.

4) For the dowry many girl has damaged their life & faced many serious torture, such as acid throwing her body, to burn there body & torture physically & mentally. 24-05-2010 has published The Daily Star, the husband has given the serious torture & at first her body has throw the kerosene oil then he burn fire her body then her wife was died for the reason of dowry.

5) Family violation is the most criminal offence in the society. So every person comes forward to prevent this violation of right. Every female & child should be properly educated in the family so that they can not fraud & to suffer the serious torture in the family. So everybody should conscious about the family right to enjoy freely.

6) Guardianship in the family is the most important factor in the family because educated guardian can make there children properly educated high moral character & properly trained to conscious about her right in the family.

7) Maintenance is the most important in the family because matured male & female can maintain her guardian & properly take care to them. Every father & mother has depended to her son to survive her life in the old stages in the family. So every matured son must responsible to take proper step to maintenance in the old stages & fulfill all the demand & they can not rough behave with there guardian. Every husband responsible & take cares her wife & fulfill all the demands. So every wife has depended to her husband property. Every sister must also depend on her big brother until the marriage.

8) Inheritance is the most important factor in the family as well as the country. So every persons claim property to the inheritance from her father & mother. Inheritance has discriminated the female children about there legal right because they deprived all the facilities& get the property 1/3rd from the family. So every sector of the male & female must be equal right to create in the society.

9) Sexual assault is the main problem in the society. For that reason many women has commit suicide & some times they were attempt to murder from the sex killer. So government should take proper effective measure so that those crimes have not occurred in the society available because it is hated in the society and punishable under the law.

10) Sexual hazard is social phenomenon in the country as well as society. Sexual has been occurred generally lack of consciousness & un-expected dresses ware in the girl. So un-cultural dress has impact in the young boys & they want to do sexual activities with those girls because un-expected dresses have attracted to create this crime. As a result many young boys has create sexual hazard such as rap, abduction, kidnapped etc.

11) Early marriage is totally prohibited in the law. But many illiterate families, they seemed that the girl has burden in the family & has created a negative idea because her daughter has risen day by day.

They also seemed that, there is moral responsibility to give marriage her daughter as soon as possible but they do not think that it is unlawful decision & has extension in one life was grave alive. So every female must give a chance after the age of 18 years to give a marriage and properly educated in the family.

12) Prostitution is the main problem in the country. They deprived all the facility and also hated in the society. For this reason, they do not get dignity in the family. So every prostitute has chance to survive in the family & they must enjoy all the fundamental rights without any obstacle and to marry in the society with dignity.

13) Every person should maintain her family equally so that any female has not deprived their right. So every thing has been distributed equally in the family. Son has not preference in the family because the female has also contributed their performance in the every sector.

14) Incest is the sin under the Islamic law& also prohibited the law. Islam can not permit the illegal relationship with mother, sister & daughter. So everybody should be conscious about her blood relation in the family & also should be educated & she/he also learns the Islam how can be conduct in their life.

15) Every person should be conscious about her guardian & responsible to there proper service so that they do no suffer anything. Many son has not proper take care her father & mother & they also negate in the family & avoid from her fatter, mother. They also hear everything in her wife but they dot hear in her father & mother demand or what want to her son.

16) Family violation is the most social crime not only impact on the society but also hampers the many innocent girls life. Many people have to keep her wife to the made servant in the society but they do not get agree went out to go outside looking for job & income for the society.

17) Government should be taken effective measures to remove the family violation of the society & also should implement the law strongly so that any person has not brave to break this rules & also should impose the various punishment in those person who has tortured on her wife, children, sexual harassment in the working place etc.

18) Disintegration of the family is the main reason of the sexual offence & juvenile delinquency. So every guardian should be careful so that they do not break the family or disintegrated of the family with her father and mother & children has not risen in the family lonely.

19) Sexual harassment in the family or working place has violated the women rights as a result many female has some occurrence which is the commit suicide and has gone out the prostitution which is the offence under the law. So various Article of the United Nation which deals with the family rights has been implemented in the society & prevent such crime which is affect the society.

20) Early marriage is stopped the society & the government should the necessary measures so that any person can not give to marry her child daughter which age under the below of 18. So every family must conscious about her children & must be take care & properly educated in the family.

21) Every male and female has created the equal right in the family so that they do not deprived their fundamental rights and their inheritance rights & they also get the maintenance to the wife by her husband.

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