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Advancing Human Rights and Access to Justice for Women and Girls
Legislation that allows women the right to refuse forced marriage and to divorce and that penalizes marital and non-marital rape is necessary to reduce coercive sex and the risk of HIV transmission. Studies found that in some countries, particularly in regions where there are generalized epidemics, legislation penalizing marital rape does not exist. For younger women: laws stating that a girl under age 16 cannot consent to sex but also that she cannot claim protection from the law if someone has sex with her against her will must be changed: "By granting her neither agency nor security, the law renders her a non-person" (Global Commission on HIV and the Law, 2012).
Advancing Human Rights and Access to Justice for Women and Girls
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