Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149, 63/168, 65/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Compensation

Last edited: January 26, 2011

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Drafters should take steps to address the issue of compensation. Laws should allow criminal sentences to include an order of compensation and restitution from the perpetrator to the victim or her heirs, excluding perpetrators or accomplices to the harmful practice; clearly state that while compensation is a punitive element in violence against women cases, it is not a substitute for other punishments, such as imprisonment, and make provision for a state-sponsored compensation program. (See: UN Handbook, p. 59)  In cases where the offender cannot pay the victim compensation, laws should provide for state-sponsored or other compensation for victims who have sustained significant bodily injury or impairment of physical or mental health as a result of the harmful practice. (See: Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, paras. 12-13)