Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. It authorizes the state to use force as an aspect of expressing and establishing norms-societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. These shifts are most visible in the context of sexuality, reproduction, and gender. Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses.
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