The confinement of women made pregnant by force or by trickery:
Qualification and Liability in Congolese Law Foreword by Jules-José DOBO Post-face by Bill KANYANDU
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Reflecting on the question of who is and who will be responsible for the confinement, protection or detention of women who have been made pregnant either by force or by trickery has led us to note the inadequacies of the penal code resulting from the decree of January 30, 1940, currently in force in the Democratic Republic of Congo.The individual taken in its individual sense, it is in principle recognized author of the acts by him committed. In the Democratic Republic of Congo, our country, is considered as the author of the offence of pregnancy, not the one who made the woman pregnant a prio...
Reflecting on the question of who is and who will be responsible for the confinement, protection or detention of women who have been made pregnant either by force or by trickery has led us to note the inadequacies of the penal code resulting from the decree of January 30, 1940, currently in force in the Democratic Republic of Congo.The individual taken in its individual sense, it is in principle recognized author of the acts by him committed. In the Democratic Republic of Congo, our country, is considered as the author of the offence of pregnancy, not the one who made the woman pregnant a priori but rather the one who keeps, protects or even locks up such a woman a posteriori. Our question: Is it necessary to speak about forced pregnancy in this case?For us, there is no question, and the author of the acts changes. We will thus face the one who had made pregnant the women and not the one who could have detained them for reasons that escape us. There is rather reason to consider, in relation to the qualification, another one than the one of the article 174k.
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