Yhteisö, kontrolli ja oikeuden konteksti – suojaako rikoslaki yhteisöllisen väkivallan uhria?
Avainsanat:
rikosoikeus, rikoslaki, yhteisöllisyys, väkivalta, kriminalisointien kattavuus, syrjintäAbstrakti
Community, Control and the Context of Justice
Different kinds of violence inside closed communities have during the past years gained media attention and, to some degree, also academic attention. Regardless of the differences between communities, from a legal perspective the main problems concerning the relationship between communities and their members involve similar questions. In the context of closed communities, the integrity of the community is often valued higher than the realisation of the rights of an individual community member. Although the juxtaposition between the rights of the individual and the rights of the community is increasingly recognised, there still is a lack of measures to fully protect the individual. This becomes apparent, for example, when an individual – for the sake of the principles observed in a given community – is forced to live under strict control and even to give up his or her fundamental freedoms and rights. Since the Criminal Code does not fully cover the violations characteristic for a communal context, individual community members may find it extremely hard to claim their rights. In the article, it is argued that a prerequisite for the recognition of this kind of violations is to analyse them in their context.
