Madagascar passes law allowing castration of child rapists
Madagascar's Parliament recently passed legislation permitting the chemical and, in certain instances, surgical castration of individuals convicted of raping minors. While this law has sparked criticism from international human rights organizations, it has also garnered support from activists who view it as a necessary deterrent against a pervasive "rape culture."
The law, passed on Feb. 2 by the Parliament of the Indian Ocean island nation with a population of 28 million, was subsequently approved by the Senate. It now awaits ratification by the High Constitutional Court and the signature of President Andry Rajoelina, who initially proposed the measure in December.
According to Justice Minister Landy Mbolatiana Randriamanantenasoa, the increase in child rape cases necessitates this action. In 2023 alone, there were 600 recorded cases of child rape, with 133 reported in January of this year.
Randriamanantenasoa emphasized the sovereign right of Madagascar to amend its laws in response to societal needs. She stated, "The current penal code has not been sufficient in deterring perpetrators of these offenses."
Under the provisions of the new law, surgical castration will be mandatory for individuals convicted of raping children under the age of 10. Those found guilty of raping children aged 10 to 13 may face either surgical or chemical castration, while perpetrators of rape against minors aged 14 to 17 will be subject to chemical castration. Offenders will also face harsher sentences, including potential life imprisonment in addition to castration.
The aim of these measures, as Randriamanantenasoa explained, is to afford greater protection to children, with more severe penalties for crimes against younger victims.
Chemical castration involves the use of drugs to suppress hormones and reduce sexual urges, with reversibility upon cessation of treatment. Surgical castration, on the other hand, is a permanent procedure.
While some countries and U.S. states, such as California and Florida, permit chemical castration for certain sex offenders, the imposition of surgical castration as a punishment is rare and contentious.
Various organizations, including the United Nations Children's Fund, have drawn attention to the prevalence of child sexual abuse in Madagascar, a country plagued by high poverty rates.
Critics, such as Amnesty International, have denounced the new law as "inhuman and degrading treatment," arguing that it contravenes the country's constitutional principles. Nciko wa Nciko, an Amnesty adviser for Madagascar, stressed the importance of focusing on victim protection and improving the criminal justice system rather than resorting to punitive measures.
Despite these objections, some activists within Madagascar support the legislative change, viewing it as a necessary step in addressing the entrenched culture of sexual violence. Jessica Lolonirina Nivoseheno of the Women Break the Silence group described the law as progress, asserting that it serves as a deterrent against potential attackers. However, she emphasized the need for public awareness and understanding of the law's significance to effect meaningful change.
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