The accession contract: current news and private international law

被引:3
|
作者
Langevin, Louise [1 ]
机构
[1] Univ Laval, Fac Droit, Chaire Etud Claire Bonenfant Condit Femmes, Quebec City, PQ, Canada
来源
CAHIERS DE DROIT | 2007年 / 48卷 / 04期
关键词
D O I
10.7202/043949ar
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Quebec Crime Victims Compensation Act currently compensates mostly women and children who are victims of sexual violence in the family. When the law was adopted in 1972, the Quebec legislator was not targeting this type of victims and violence. By an analysis of case law in this area, the author seeks to shed light upon a problem resulting from the application of this statute owing to the nature of the violence and the caracteristics of the victims. Following a short description of the areas in which this statute is applied, the author deals with the question of the admissible time period for fling a claim. It is well known that victims of sexual violence in the family are not always able to present a claim within the prescribed period because of the nature of the violence. In order to provide victims with a more adequate response to their needs, the author proposes avenues for statutory interpretation and legislative reform. The author's analysis is inspired by an equity approach that provides access to justice for victims of sexual violence in the family and secures the protection of their fundamental rights.
引用
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页码:681 / 704
页数:24
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