The dynamic moves towards recognizing right to women's dignity against sexual harassment and rape as part of human right

• Main Author: Hashim, Normawati
• Format: Conference or Workshop Item
• Language: English
• Published: 2013
• Subjects: HQ The family. Marriage. Woman; K Law (General)
• Online Access: http://repo.uum.edu.my/18555/1/ICAW%202013%201-6.pdf; http://repo.uum.edu.my/18555/

Dignity is essential to human life to gain self-respect. Women, like any other human being must be respected with dignity.Dignity in women has always been believed to be her sexuality.Today, women played an active role in the nation development and that exposed them to danger of sexual abuse that may affect their dignity.To guarantee their safety effort is needed to recognize women’s dignity, especially against sexual harassment and rape as part of fundamental or human rights under the constitution.With that a stronger protection could be given.to women.As far as Malaysia is concerned there is no express constitutional provision or jurisprudence on right to women’s dignity against sexual harassment at work place and rape as human or fundamental right.Meanwhile India has a progressive and well developed jurisprudence on right to women’s dignity against sexual harassment and rape.By virtue of Article 21 read together with Articles 32 or 226 of the Constitution India is capable of adopting a dynamic and proactive approach in developing essential concept on women’s dignity against sexual harassment and rape.In Malaysia a similar provision of Article 21 of the Indian Constitution is found in Article 5(1).Meanwhile, paragraph 1 provision is similar to Article 226 of the Indian Constitution.Thus, the Indian jurisprudence and constitutional legal framework is the source of reference in developing a dynamic move towards recognizing right to women’s dignity against sexual harassment and rape as part of human or fundamental rights.This study aims to establish the need to adopt a dynamic approach in public law to recognize right of women’s dignity against sexual harassment and rape as part of human and fundamental rights.Based on a qualitative research method, it will examine the availability of the Indian public law jurisprudence and constitutional framework.The outcome of the study is the establishment of a proposed model of a dynamic recognition on the right of women’s dignity against sexual harassment and rape as part of human or fundamental rights.