Chemical Castration as a security measure in the criminal legislation of the Republic of Macedonia (original) (raw)
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Juridical Review of Chemical Castration Action In The Perspective of Criminal Law And Human Rights
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Children are a gift from God Almighty must be maintained for their survival because children are the future and next generation of the nation. A state commits protecting the children's rights and ensuring children's welfare by issuing several laws and regulations accommodating all children's needs and rights. However, this have not reduce the case numbers of sexual violence against children yet, therefore, the government issued a new regulation, namely Law Number 17 of 2016 which regulates new sanctions for perpetrators of sexual violence and the addition of chemical castration. The purpose of this research is to find out the juridical review of chemical castration in the perspective of criminal law and human rights. The research method used in this research is normative jurisdiction using a law approach. The results of the study found that chemical castration is appropriate for perpetrators of sexual violence against children, because sexual violence against childr...
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Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes ...
Chemical Castration of the Sexual Offender versus Human Fundamental Rights and Freedoms
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In order to prevent and discourage the commission of sexual offences, it is necessary to have certain special mechanisms able to combat the recidivism of those who have committed such acts, but even in such conditions it cannot be justified to limit the right of a person to physical integrity. In any system of law based on democratic principles, any party to a legal relationship, including when this is a state authority, has an obligation to adopt conduct that does not harm human dignity or the rights and freedoms of the citizens. Therefore, no democratic state can be recognized the right to draft laws contrary to or affecting the right of human beings to life and to physical and mental integrity. On the contrary, it is forbidden to apply, in any form, torture, cruel or inhuman or degrading treatment or punishment, even in the case of those persons who pose a danger and threat to society. Any attack on the dignity of the human being is impossible to accept in a democratic society. In this context, the question may arise as to whether or not this measure may be mandatory ordered by the court by a final judgment of conviction, irrespective of the main penalty applied and in the conditions in which it would be perform by specially authorized medical institutions.
Chemical Castration as an Action Sanctions in Legal Perspectives and Bioethics
International Journal of Human and Health Sciences (IJHHS), 2020
Background: The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No. 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. However, the imposition of sanctions is considered still many shortages in it. Starting from the element of uncertainty period of implementation, the negative side effects on the body, to the procedure and technical implementation of the castration actions contained in the article.Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.Methods: The authors useds qualitative research methods with descriptive and analytical research. The sources of data are based on the information contained in the literatures bibliography and based on the interviews result.Results: The result of this study shows that chemical castration from a ...
Chemical Castration of Child Molesters – Right or Wrong?!
European Journal of Social Sciences Education and Research, 2017
Studies have shown that recidivism rates among child sexual offenders are very high. Therefore, the number of children victimized by paedophiles is also very high. In most of the cases, offenders committing these crimes suffer from paraphilia – categorized as a mental disorder by the psychological sciences. Thus, imprisonment for this category of child abusers obviously is not the answer. That’s why a lot of states have tried to incorporate in their legislations a medical treatment useful to prevent recidivism of paedophiles and to protect the children. Chemical castration is merely a type of hormone therapy that takes away the offender’s sexual desire. There can be some unpleasant side effects, but they are mostly reversible and this paper tries to argue that this procedure is humane and necessary to prevent child molesters. The first part of this paper examines paedophilia, chemical castration procedure and will show data from studies made mostly in USA to see the efficiency of th...
CRIMES AGAINST SEXUAL FREEDOM AND MORALITY AT THE APPELLATE COURT AREA OF STIP
If crimes against sexual freedom and morality, as an important issue of a specific region or country, are taken into account it would enable us to seriously understand the problem which carries the crime itself. This would provoke the start of an appropriate treatment for prevention of this type of crime with the aim of helping the victims overcome the survived traumatic events much easier. The criminal legal protection of sexual freedom and morality is provided by the Criminal Code of the Republic of Macedonia, in Chapter XIX (article.186 to 194). The prevention and reduction of the number of crimes against sexual freedom and morality, and the provision of funds for the implementation of assistance and protection of sexually abused people as well as the establishment and promotion of a coordinated system of cooperation between the competent institutions and local authorities of the Shtip's appellate region, including all the areas that cover this issue partially or completely inevitable. The goal is to take prevention measures and sensibilise the general public about these negative phenomena. The restriction of sexual freedom leads to humiliation and violation of the victim's dignity and violation of human freedom and human morality that can leave permanent consequences which can be even fatal for the victim. Individual characteristics of the offenders indicate that they are uneducated, single, with no property and are alcohol addicts. The proportional representation of crimes against sexual freedom and morality in the Stip appellate region in proportion to the overall representation of this crime at the level of the Republic of Macedonia indicates that in this area the number of such crimes is very small compared to the total number of sex crimes in the Republic of Macedonia.Links between sex and crime are deep, permanent and paradoxical. Ever since the monitoring of the performance of the transgression, it has been noticed that men and women differ in rates of violations and patterns of criminal behavior, as well as in bullying experiences. Besides, the comprehensive data resulting from this situation significantly affect forensic opinion and the politics of criminal justice. The criminal protection of a woman in the area of sexual delicts is accomplished by prescribing criminal offenses, considering the biological (anatomical)