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Gender Discrimination in Criminal Law

  • 05-06-2006 8:16pm
    #1
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭


    Within the realms of criminal law, as opposed to family law or employment law, can it be consititutional to treat citizens differently purely based on their gender. Sure to to do would contravene the intent of the "to cherish all its children equally" part of the Constitution?


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Article40.1.[FONT=&quot] [/FONT]All citizens shall, as human persons, be held equal before the law.
    This shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function.


  • #3
    coolhandluke
    Registered Users, Registered Users 2 Posts: 249 ✭✭coolhandluke


    Therefore as society seems to deem young women more mature than young men,how can a 16 year old male be guilty of a criminal offence by havng sex with a 16 year old female where as she is deemed guilty of no offence,seems totally Unconstitutional if you ask me !.


  • #4
    Sangre
    Registered Users, Registered Users 2 Posts: 12,186 ✭✭✭✭Sangre


    There are a few examples of where the courts differentiate between males and females e.g. the offence of infantcide only applies to women.


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