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    VIOLENCE AGAINST WOMEN The Appropriate Legal Responses The Protection Project at The Johns Hopkins University, School of Advanced International Studies (SAIS) Dr. Mohamed Mattar Research Professor of Law and Executive Director Prepared for the workshop on Violence Against Women: Medical and Legal Responses at The Suzanne Mubarak Regional Center for Womens Health and Development, Alexandria, Egypt, February 17, 2009 Violence Against Women: The International Legal Standards Underlying Principles For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Article 1 Legislative Steps against prostitution and trafficking States Parties condemn and eliminate discrimination States Parties take steps in all fields to ensure advancement of women Adoption of special measures to accelerate de facto equality and protection Adoption of special measures to accelerate de facto equality and protection Article 4 Equal rights on issues of nationality of self and children Equal rights in political and public life Equal rights to represent their government internationally and participate in international organizations Eliminate discrimination of and ensure development for rural women Equal rights in all fields of education Eliminate discrimination in all fields of employment Eliminate discrimination in health care; ensure services in connection with pregnancy Ensure equality in family benefits, financial aspects and cultural life Eliminate discrimination and assure equal rights in family matters and marriage Legal equality 1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect: (a) Within one year after the entry into force for the State concerned; (b) Thereafter at least every four years and further whenever the Committee so requests. 2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention. Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Cook Islands Costa Rica Cte d'Ivoire Croatia Cuba Cyprus Czech Republic Democratic Peoples Republic of Korea Democratic Republic of Congo Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland India Indonesia Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao (People's Democratic Republic) Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia (Federated States of) Monaco Mongolia Montenegro14 Morocco Mozambique Myanmar Namibia Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Republic of Korea Republic of Moldova Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands South Africa Spain Sri Lanka Suriname Swaziland Sweden Switzerland Syrian Arab Republic Tajikistan Thailand The Former Yugoslav Republic of Macedonia Timor-Leste Togo Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates United Kingdom of Great Britain and Northern Ireland United Republic of Tanzania Uruguay Uzbekistan Vanuatu Venezuela (Bolivarian Republic of) Viet Nam Yemen Zambia Zimbabwe Ratified Not Yet Ratified Palestine Qatar Somalia Sudan Algeria Bahrain Comoros Djibouti Egypt Iraq Jordan Kuwait Lebanon 10. Libya 11. Mauritania 12. Morocco 13. Oman 14. Saudi Arabia 15. Syria 16. Tunisia 17. United Arab Emirates 18. Yemen Albania Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bangladesh Belarus Belgium Belize Bolivia Bosnia and Herzegovina Botswana Brazil Bulgaria Burkina Faso Cameroon Canada Colombia Cook Islands Costa Rica Croatia Cyprus Czech Republic Denmark Dominican Republic Ecuador Finland France Gabon Georgia Germany Greece Guatemala Hungary Iceland Ireland Italy Kazakhstan Kyrgyzstan Lesotho Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Maldives Mali Mauritius Mexico Moldova Mongolia Montenegro Mozambique Namibia Nepal Netherlands New Zealand Niger Nigeria Norway Panama Paraguay Peru Philippines Poland Portugal Republic of Korea Romania Russian Federation Rwanda Saint Kitts and Nevis San Marino Senegal Serbia Slovakia Slovenia Solomon Islands South Africa Spain Sri Lanka Sweden Switzerland Thailand The Former Yugoslav Republic of Macedonia Timor-Leste Tunisia Turkey Ukraine United Kingdom of Great Britain and Northern Ireland United Republic of Tanzania Uruguay Vanuatu Venezuela (Bolivarian Republic of) 1. Libya 2. Tunisia Ratified Not Yet Ratified FACTS: The victim was the subject of various violent attacks from her husband. He repeatedly choked her and threatened to kill her, which the victim reported to the police. The victim was then shot by her husband in front of her two daughters but survived. Subsequently, the husband stabbed and killed the victim while she was on her way to work. State Party Challenged: AUSTRIA State Party Challenged: UNITED KINGDOM FACTS: The victim, a Pakistani national was rejected asylum from the UK. She applied on the grounds that her life was under threat from her ex-husband who had subjected her to marital rape and had threatened to kill her at knife-point. Her appeal was rejected by the UK Courts and the European Court of Human Rights. In both cases, the Court encouraged her to relocate within Pakistan. State Party Challenged: HUNGARY FACTS: Hungarian Roma women had a caesarean operation after going into labor. The caesarean also involved sterilization for which the victim signed a consent form while on the operating table. The victim argued that she had not been sufficiently informed of the sterilization and could not remember signing the consent note. State Party Challenged: HUNGARY FACTS: The victim was the subject of domestic violence at the hands of her husband. After moving out the husband broke into her home after locks were changed and severely hurt the victim; she required hospitalization. The husband was granted the right to enter his home because of his right to property. Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women (Art. 1) Gender based violence is violence that is directed against a women becasue she is a women or that affects women disproportionately (No. 6) Including, threats of such acts, coercion or arbitrary deprivation of liberty in public or private life (Art. 1) Occurring in the Family (Art 2) Perpetrated or Condoned by the State (Art. 2) Occurring within the general community (Art. 2) United Nations Declaration on the Elimination of Violence Against Women 1993 General Recommendation No. 19 Gender based violence which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under international law or human rights conventions is within the meaning of discrimination against women under Art. 1 of CEDAW (No. 7) Definition of Violence Against Women States should pursue by all appropriate means and without delay a policy of eliminating violence against women States should not invoke any custom, tradition or religion to avoid this obligation RATIFY CEDAW ENSURE RE-VICTIMIZATION DOES NOT OCCUR because of laws insensitive to gender considerations, enforcement practices or other interventions EXERCISE DUE DILIGENCE to prevent, punish investigate and in accordance with national legislation punish acts of VAW, by states or private persons Develop comprehensive, PREVENTIVE approaches, and all measures of a legal, political, administrative and cultural nature that promote the protection of women from violence DEVELOP penal, civil, labor and administrative SANCTIONS IN DOMESTIC LEGISLATION to redress and punish the wrongs to victims Develop ACTION PLANS to promote the protection of women, taking in to account COOPERATION as can be provided by NGOs United Nations Declaration on the Elimination of Violence Against Women 1993 Article 4 State Obligations In light of available resources, take all appropriate measures to promote the PHYSICAL AND PSYCHOLOGICAL REHABILITATION of victims of violence and their children e.g. Assistance in child care and maintenance Counselling Health and Social services TRAIN the relevant LAW ENFORCEMENT and public officials to sensitize them to the needs of women ELIMINATE ALL PRACTICES, social and cultural, BASED ON THE INFERIORITY OR SUPERIORITY OF ONE OF THE SEXES, especially in the field of education Promote RESEARCH, collect data and compile statistics, on the prevalence of the various forms of VAW, especially domestic violence INCLUDE WHEN SUBMITTING REPORTS under human rights instruments to the United Nations, information on VAW Facilitate and ENHANCE THE ROLE of the WOMENS MOVEMENT and NGOS and cooperate with them to raise awareness and alleviate VAW Urges States to take action to eliminate all forms of violence against women by means of a more systematic, comprehensive, multisectoral and sustained approach, adequately supported and facilitated by strong institutional mechanisms and financing, through national action plans, including those supported by international cooperation and, where appropriate, national development plans, including poverty eradication strategies and programme-based and sector-wide approaches, and to this end to: Empower women, particularly poor women, through, inter alia, social and economic policies that guarantee them full and equal access to all levels of quality education and training and to affordable and adequate public and social services, as well as full and equal rights to own land and other property, and to take further appropriate measures to address the increasing rate of homelessness or inadequate housing for women in order to reduce their vulnerability to violence Take positive measures to address structural causes of violence against womenincluding with regard to women who need special attention in the development of policies to address violence, such as women belonging to minority groups, including those based on nationality, ethnicity, religion or language, indigenous women, migrant women, stateless women, women living in underdeveloped, rural or remote communities, homeless women, women in institutions or in detention, women with disabilities, elderly women, widows and women who are otherwise discriminated against Recognize that gender inequalities and all forms of violence against women and girls increase their vulnerability to HIV/AIDS and ensure that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality in order to increase their ability to protect themselves from HIV infection, including their sexual and reproductive health, free of coercion, discrimination and violence Promote awareness and information campaigns on womens rights and the responsibility to respect them, including in rural areas, and encourage men and boys to speak out strongly against violence against women Protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally displaced persons settings, where women are at greater risk of being targeted for violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between women and men and development Integrate a gender perspective into national plans of action and establish or strengthen specific national plans of action on the elimination of violence against women, supported by the necessary human, financial and technical resources, including, where appropriate, time-bound measurable targets Ensure that men and women and boys and girls have access to education and literacy programmes and are educated on gender equality and human rights, particularly womens rights and their responsibility to respect the rights of others, inter alia, by integrating womens rights into all appropriate curricula and by developing gender-sensitive teaching materials and classroom practices, especially for early childhood education A/RES/61/143 (contd.) Violence Against Women: The Current Legal Map Types of Sexual Harassment Legislation Countries Surveyed that Prohibit Sexual Harassment do so as follows: 35.5 % Gender Equality Legislation 25.8% Penal Codes 25.8% Labor Codes 9.68% Comprehensive Law 3.23% Related Law (E.g. Human Rights Legislation) ** Survey so far incorporates 27 countries: Albania, Algeria, Armenia, Azerbaijan, Bangladesh, Belize, Bosnia & Herzegovina, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Iceland, Ireland, Israel, Lithuania, Moldova, Pakistan, Philippines, Slovenia, Sweden, Tunisia, Turkey, Ukraine ** Some countries prohibit sexual harassment in more than one type of legislation Algeria: Penal Code, Law 04-15; abusing the authority conferred by ones function or profession in order to give orders to, threaten, impose constraints or exercise pressure on another person for the purpose of obtaining sexual favors. A person convicted is subject to imprisonment of two months to one year and a fine of 50,000 to 100,000 dinars. Armenia: Penal Code, Article 140; Forcing a person to engage in sexual intercourse, homosexuality, lesbianism or other sexual actions, by means of black mail, threats to destroy, damage or seize property, or using financial dependence or other dependence of the aggrieved, is punishable by a fine in the amount of 200 to 300 minimal salaries, correctional labor for up to two years, or imprisonment for the term of up to one year Azerbaijan: Criminal Code, Article 151; Coercion of the person to the sexual relations, buggery or to committing of other actions of sexual nature by threat of destruction, damage or withdrawal of property or with use of material or other dependency of the victim. Bangladesh: Penal Code Section 509; Intent to insult the modesty of any women, utters any word, make any sound or gesture or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object, shall be seen, by such women, or intrudes upon the privacy of such women, shall by punished with simple imprisonment for a term which may extend to one year or with fine or with both France: Criminal Code 222-33; The act of harassing anyone using orders, threats, or constraint, in order to obtain favors of a sexual nature, by a person abusing the authority that functions confer on him. Greece: Criminal Code, Article 337; The perpetration of indecent gestures or proposals regarding indecent act. Tunisia: Penal Code, Law No. 2004-73; Persistent harassment of another person through humiliating or offensive actions, words or gestures that are intended to cause the victim to submit to ones one sexual overtures or those of a third party or to weaken the victims efforts to resist those overtures. A person shall be subject to imprisonment of one year, and a fine of three thousand dinars and doubles the punishment where the victim is a child, or a person with mental disabilities. Turkey: Penal Code, Art 105; Exploitation of a hierarchical or work relationship shall be subject to three years imprisonment; considered an aggravated offense. Penal Codes What Constitutes Sexual Harassment? Bosnia & Herzegovina: Law on Gender Equality, 2003; is any behavior that in word, action or psychological effect of a sexual nature in intent or effect inflicts injury on the dignity of a person or gives rise to intimidation, hostility, or demeaning, threatening or similar situations and which is motivated by belonging to another gender or different sexual orientation and which to the victim represents inappropriate physical, verbal, suggestive or other behavior. Iceland: Act on the Equal Status and Equal Rights of Women and Men, 2000; Sexual behavior that is unreasonable and/or insulting and against the will of those who are subjected to it, and which affects their self-esteem and is continued in spite of a clear indication that this behavior is unwelcome. Behaviour can be physical, oral or symbolic. Gender Equality Legislation Moldova: Law on Ensuring Equal Opportunities for Women and Men, 2006; any form of physical, verbal, or nonverbal behavior, of sexual nature, which abases a person or creates an unpleasant, hostile, degrading, humiliating, or insulting environment. Labor Codes Croatia: Labor Act No. 137/2004; shall mean any verbal, non-verbal or physical conduct of a sexual nature intended to, or actually undermining the dignity of a person seeking employment and worker and creating an intimidating, hostile, degrading or offensive environment Greece: Law No. 3488 Implementing the Principle of Equal Treatment of Men and Women as regards Access of Employment, Vocational Training and Promotion, the terms and conditions of labor, 2006; when any kind of undesirable verbal, non-verbal or physical behavior of sexual nature is manifested, aiming at or resulting in the insult to an individuals dignity, especially by creating an intimidating, hostile, ignominious, humiliating or aggressive environment Philippines, Anti-Sexual Harassment Act of 1995 Work, education or training-related sexual harassment is committed by: any person who, having authority, influence, or moral ascendancy over another in a work, training, or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment, or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant sexual favors results in the limiting, segregating or classifying the employee in a way which would discriminate, deprive, or diminish employment opportunities or otherwise adversely impact said employee. (2) The above act would impair the employees rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. In an education or training environment, sexual harassment is committed when: (3) the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance, or other benefits, privileges, or considerations; or (4) when the sexual advance result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. A Comprehensive Law Directive 2002/73/EC Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited. A persons rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person. ** Directive is to be implemented by all Member States no later than October 5, 2005. Important Provisions in Sexual Harassment Legislation Gender Equality Laws The employer shall anchor appeal mechanisms on gender-related claims in the collective labour contract. (Albania, Law on an Equal Gender Society, No. 9198, 2004) The relevant authorities, education institutions and other juristic personsshall take no disciplinary or other punitive measures against a person by reason that that person has brought proceedings for discrimination, harassment or sexual harassment or has given evidence in relation to discrimination, harassment or sexual harassment. (Bosnia & Herzegovina, Law on Gender Equality, 2003, Article 6) Persons who have been exposed to sexual harassmentmay be awarded compensation. In connection with this special importance shall be attached to whether a relationship of dependence existed between the person harassed and the harasser. (Denmark, Gender Equality (Consolidation) Act, 2002) Educational institutions must prepare a gender equality plan annually in cooperation with staff and student representatives. Special attention must be given to measures to ensure the prevention and elimination of sexual harassment and gender-based harassment. (Finland, Act on Equality Between Men and Women, Law No. 609/1986 as amended in 2005) Employers and Directors of institutions and social activities shall take measures to prevent employees, students and clients from being subjected to sexual harassment in the workplace, during social activities or within schools. One event may constitute sexual harassment if it is serious. If a superior is charged with sexual harassment, he/she will be deemed incompetent to take decisions on working conditions of the plaintiff and a higher superior shall take such decisions instead during the investigation of the case. (Iceland, Act on the Equal Status and Equal rights of Women and Men, 2000, Article 17) Sexual harassment constitutes discrimination on the grounds of sex and is therefore prohibited. The fact that someone rejects or succumbs to a similar behavior cannot be used as basis to take a decision affecting the said individual. (Greece, Law No. 3488 Implementing the Principle of Equal Treatment of Men and Women as regards Access of Employment, Vocational Training and Promotion, the terms and conditions of labor, 2006) Labor Laws (1) The employer shall be obliged to provide such a working environment in which none of the workers is subject to employers, superiors or co-workers undesired treatment of sexual nature including undesired physical, verbal or nonverbal treatment or other sexually based behaviour which creates intimidating, hostile or humiliating relationships and environment at work and offends the dignity of men and women at work. (2) The concerned workers rejection of the treatment referred to in paragraph (1) may not represent the reason for discrimination in employment and at work. (3) If in case of dispute the worker states facts which justify the assumption that the employer behaved contrary to paragraphs (1) and (2), it is the employer who has to supply the evidence. (Slovenia: The Employment Relationships Act, 2003, Article 45) Comprehensive Laws Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission thereof by another without which it would not have been committed shall also be held liable. Administrative sanctions shall not bar the prosecution in the proper courts for unlawful sexual harassment. The employer or head of office, educational or training institution shall be jointly liable for damage arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of the such acts by the offended party and no immediate action is taken thereon. (Philippines: Anti-Sexual Harassment Act of 1995) Albania: Measure Against Violence in Family Relations Law No. 9669 (2006) Australia: Domestic Violence (Amendment) Act (1996) Bahamas: Sexual Offenses and Domestic Violence Act (1991) Bosnia and Herzegovina: Law on Protection from Domestic Violence (2005) Bulgaria: Protection Against Domestic Violence Act Cambodia: The Prevention of Domestic Violence and the Protection of Victims (2005) Canada: Domestic Violence Protection 2000 Georgia: Law of Georgia on Elimination of Domestic Violence, Protection of and Support of Its Victims Greece: Domestic Violence and other Provisions Law No. 3500 (2006) Ghana: Domestic Violence Act (2007) Hong Kong: Domestic Violence Ordinance Cap 189 (1986) Domestic Violence as Prohibited in a Comprehensive Act India: The Protection of Women from Domestic Violence Act (2005) Ireland: Domestic Violence Act (1996) Malaysia: The Domestic Violence Act (1994) Mauritius: The Protection from Domestic Violence (Amendment) Bill No. XIV (2004) Mongolia: Law of Mongolia Against Domestic Violence (1999) New Zealand: Domestic Violence Act 1995 (Act No. 86 of 1995) (1995) Pakistan: The Prevention of Domestic Violence Bill (2005 with 2006 Amendment) Romania: Law to Prevent and Fight against Domestic Violence Sri Lanka: Prevention of Domestic Violence Act, Law No. 34 (2005) United Kingdom: Domestic Violence, Crime and Victims Act (2004) Domestic Violence as Prohibited in a Comprehensive Act (contd.) Domestic Violence as Prohibited in a Penal Code Sweden: Chapter 4 Section 4a; A person who commits criminal acts as defined in Chapter 3, 4, and 6 against another person having, or have had, a close relationship to the perpetrator shall, if each of the acts formed a part of an element in a repeated violation of that persons integrity and suited to severely damage that persons self-confidence, be sentenced for gross violation of integrity to imprisonment for at least six months and at most six years. If the acts described in the first paragraph were committed by a man against a woman to whom he is, or has been, married or with whom he is, or has been cohabiting under circumstances comparable to marriage, he shall be sentenced for gross violation of a womans integrity to the same punishment. Portugal: Penal Code, Article 152; who, with his care, his custody, under the responsibility of its management or education, or working at your service, particularly minor or helpless person by reason of age, disability, illness or pregnancy, and: inflict physical or mental abuse or cruel treatment, use in hazardous activities, overload with excessive work, is punishable with imprisonment from 1 to 5 years if that is not punishable by Article 144. Norway: Penal Code, Section 219; Any person who threats, duress, deprivation of liberty, violence or any other wrong grossly or repeatedly maltreats: his former or present spouse, his former or present spouses kin in the direct line of descent, his or her kin in the line of ascent, any person in his or household, or any person in his or her care. If the maltreatment is gross or the aggrieved person dies or sustains considerable harm to body or health as a result of the treatment, the penalty shall be imprisonment for a term not exceeding six years. United States of America Violence Against Women Act (1994) Safe Streets for Women Federal Penalties for Sex Crimes: Mandatory Restitution for Sex Crimes; Authorization for Federal victims counselors Grants to combat violent crimes against women Safety for women in public transit and public parks via grants to prevent crime New evidentiary rules concerning the sexual history in criminal and civil cases Assistance to Victims of Sexual Assault: Education and prevention grants to reduce sexual assaults against women; Training programs; Confidentiality of communications between sexual assault or domestic violence victims and their counselors; Information programs Safe Houses for Women National Domestic Violence Hotline Encouragement of arrest policies in domestic violence cases Grants for battered womens shelters Youth education and domestic violence Establishment of community programs on domestic violence Confidentiality of abused persons address Rural domestic violence enforcement assistance Civil rights for women Attorneys fees Privacy for rape victims Equal Justice for Women in the Courts Act Grants for the education and training of judges and court personnel in state courts and federal courts Violence Against Women Act Improvements Enforcement of restitution orders through the suspension of federal benefits National baseline study on campus sexual assault Report on battered womens syndrome, confidentiality of addresses for victims of domestic violence, and on record keeping relating to domestic violence National Stalker and domestic violence reduction Grant program Criminal information databases Technical assistance and trainings Recommendations for intrastate communication Protections for battered immigrant women and children Alien petitioning rights for immediate relative or second preference status Use of credible evidence in spousal waiver applications Suspension of deportation Violence Against Women Act 1994 (contd.) Violence Against Women Act 2000 Strengthening Law Enforcement to Reduce Violence Full faith and credit enforcement of protection orders. Dating violence Strengthening Service to Victims of Violence Study of workplace effects from violence against women Study of unemployment compensation for victims of violence against women Enhancing protections for older and disabled women from domestic violence Limiting the Effects of Violence on Children Safe havens for children pilot program Reports on effects of parental kidnapping laws in domestic violence cases Strengthening Education and Training to Combat Violence Against Women Domestic Violence Task Force Battered Immigrant Women Equal access to immigration petitions of Violence Against Women Act 1994 for all qualified battered immigrant self-petitioners Access to services and legal representation for battered immigrants Annual country reports on human rights practices Interagency taskforce to monitor and combat Trafficking Protection and assistance for victims of trafficking Minimum standards for the elimination of trafficking Assistance to foreign countries to meet minimum standards Strengthening prosecution and punishment of traffickers Trafficking Victims Protection Act 2000 International Marriage Broker Regulation 2005 Violence Against Women Act 2005 Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women Stalker database and the prevention of cyber stalking Prohibiting violence in special maritime and territorial jurisdiction Enhancing culturally and linguistically specific services for victims of domestic violence, dating violence, sexual assault and stalking Strengthening Americas Families by Preventing Violence Public Awareness Campaign Strengthening the Healthcare Systems Response to Violence Training and education of health care professionals in domestic and sexual violence Grants to foster public health responses Research on effective interventions in the healthcare setting Housing Opportunities and Safety for Battered Women and Children Transitional housing assistance grants for victims Providing Economic Security for Victims of Violence Grant for a National Resource Center on Workplace Reponses to assist victims Access to Violence Against Women Act protection regardless of manner of entry Domestic violence information and resources for immigrants and regulation of international marriage brokers Sharing of certain information Arab Charter of Human Rights 2004 League of Arab States Article 33 The family is the natural and fundamental group unit of society; it is based on marriage between a man and a woman. Men and women of marrying age have the right to marry and to found a family according to the rules and conditions of marriage. No marriage can take place without the full and free consent of both parties. The laws in force regulate the rights and duties of the man and woman as to marriage, during marriage and at its dissolution. The State and society shall ensure the protection of the family, the strengthening of family ties, the protection of its members and the prohibition of all forms of violence or abuse in the relations among its members, and particularly against women and children. They shall also ensure the necessary protection and care for mothers, children, older persons and persons with special needs and shall provide adolescents and young persons with the best opportunities for physical and mental development. Constitution, Iraq Article 29 (4) All forms of violence and abuse in the family, school, and society shall be prohibited. Two issues of concern: LACK OF A COMPREHENSIVE LEGAL FRAMEWORK TO COMBAT VIOLENCE AGAINST WOMEN IN ALL ITS FORMS IN THE ARAB WORLD. A. Countries with specific penal code provisions E.G. BAHRAIN - Article 316: Adultery - Article 322: Abortion - Article 324: Prostitution - Article 334: Murder of a spouse in the case of adultery - Article 336: Battery - Article 344: Rape E.G. IRAQ: - Paragraph 41, provides that there is no crime in a case where a person is exercising his right to discipline his wife. - Paragraph 377 punishes the adulteress (wife) regardless of the place where the act has been committed, while the husband is punished for adultery only if he commits the act in the marital home. - Paragraph 380 provides for a minor sentence of imprisonment not to exceed one year in cases where the husband induces his wife to commit adultery. - Article 409 provides for a short imprisonment sentence not to exceed three years when the husband murders his wife upon finding her committing the act of adultery B. Countries with comprehensive laws to combat a particular form of violence against women E.G. JORDAN: Law on the Prevention Against Domestic Violence 2008 Recognizing domestic violence as a crime Allowing for mediation and arbitration by family members through Family Reconciliation Committees Injunction in accordance with protective order Measures to protect the victim HARMFUL CUSTOMARY PRACTICES THAT MAY CONSTITUTE A THREAT TO WOMENS RIGHTS UNDER ISLAMIC LAW RIGHT OF HUSBAND TO DISCIPLINE HIS WIFE OBLIGATION OF WIFE TO OBEY HUSBAND EXECUTION OF A MARRIAGE CONTRACT ON BEHALF OF FEMALE FORCED MARRIAGE TRANSACTIONAL MARRIAGE HONOR KILLING E.G. LEBANON: Draft Law on the Protection of Women Against Domestic Violence Recognition of violence (physical, sexual, psychological or economic) as a crime The right of a victim to file a complaint Police must respond promptly and effectively to a complaint Removal of victim to a place of refuge or safety Issuance of a protective order prohibiting the perpetrator from contacting his wife Establishment of a family court E.G. SAUDI ARABIA: Draft Law on the Prohibition of Infliction of Harm within the Family Violence Against Women: Elements of a Model Law Prosecution Prevention Protection Legislation should: apply to all forms of violence against women, including but not limited to: domestic violence; sexual violence, including sexual assault and sexual harassment; harmful practices, including early marriage, forced marriage, female genital mutilation, female infanticide, prenatal sex-selection, virginity testing, HIV/AIDS cleansing, so-called honour crimes, acid attacks, crimes committed in relation to bride-price and dowry, maltreatment of widows, forced pregnancy, and trying women for sorcery/witchcraft; femicide/feminicide; trafficking; and sexual slavery; and recognize violence against women perpetrated by specific actors, and in specific contexts, including: violence against women in the family; violence against women in the community; violence against women in conflict situations; and violence against women condoned by the State, including violence in police custody and violence committed by security forces. Good Practices in Legislation on Violence Against Women (2008) Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime I. Definition should include all forms II. Serious Penalties for Perpetrators Violence in the family is an aggravated offense that warrants an enhanced penalty over other forms of violence (Cyprus, Act on Violence in the Family) Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women, Released by the Parliamentary Assembly of the Council of Europe A person who commits criminal acts as defined in Chapter 3, 4, and 6 against another person having, or have had, a close relationship to the perpetrator shall, if each of the acts formed a part of an element in a repeated violation of that persons integrity and suited to severely damage that persons self-confidence, be sentenced for gross violation of integrity to imprisonment for at least six months and at most six years. If the acts described in the first paragraph were committed by a man against a woman to whom he is, or has been, married or with whom he is, or has been cohabiting under circumstances comparable to marriage, he shall be sentenced for gross violation of a womans integrity to the same punishment. (Sweden, Penal Code, Chapter 4 Section 4a) III. Enhance Womens Access to Justice Legal clinicspublic interest bodies specializing in the provision of legal information, counsel, and assistance to disadvantaged populationsconstitute a highly effective, successful and increasingly global means of combating the lack of access to justice for marginalized populations throughout the world E.G. DOMESTIC VIOLENCE LEGAL CLINIC: A collaboration between the University of Oregon School of Law and Lane County Legal Aid and Advocacy Center (http://lclac.org/dv.htm) The Domestic Violence Clinic provides legal services to victims of domestic violence and sexual assault. Third-year law students receive course instruction about domestic violence at the University of Oregon School of Law, and receive law school credit while representing Legal Aid clients in court cases involving restraining orders and stalking orders. a. Legal Clinics If the respondent has behaved in such a way that the petition cannot reasonably be expected to live with the respondent, this may be used as one of the grounds for divorce: The test is twofold: (a) The first test is unreasonable behaviour. This is an objective test. The court will look at the behaviour itself and judge whether it is unreasonable. The sort of conduct that is unreasonable will depend on the circumstances. This does not necessarily include physical violence. Verbal abuse, threats, insults, nagging, demanding, or refusing sexual intercourse unreasonably, intimate relationships with others, cruelty and failure to provide money etc. can amount to unreasonable behaviour. There is no need to prove that the petitioner intended to inflict misery on the petitioner. (b) The second test is whether the petitioner can reasonably be expected to live with the respondent. This is an objective test. The court will look at the history of the marriage as well as to the personalities of the spouses. A type of behaviour may be reasonable within one marriage but not within another marriage. If the parties to a marriage have lived together for a period of six months or more from the last incident mentioned in the petition, the petitioner will have to explain to the court the reason why they have continued to live together. If there is a proper explanation, the court will grant a decree of divorce or judicial separation. (England & Wales, The Family Law Act 1996) b. Violence against women as the basis for filing an action for divorce I. Raising Public Awareness a. Incorporating issues of gender equality into human rights curricula b. Training the media on covering cases of violence against women Implementation of integrated prevention measures, including encouraging the communications media to avoid stereotyped roles that legitimize or encourage domestic and family violence, public educational campaigns, and emphasis, in educational curricula at all levels, on human rights and the problem of domestic and family violence against women (Brazil, Maria da Penha Law, 2006, Article 6) Good Practices in Legislation on Violence Against Women (2008) Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime The National Committee established for Combating Domestic Violence shall have the authority upon a request from the Ministry of Communications to supervise the preparation of TV and radio programs to provide legal, psychological and social guidance for the purpose of confronting domestic violence (Bahrain, Draft Law on Protection of the Family Against Violence, Article 13) III. Training Law Enforcement Police training covers violence against women (Denmark) Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women, Released by the Parliamentary Assembly of the Council of Europe II. Establishing Specialized Mechanisms to Monitor the Implementation of the Law Creation of an Inter-Agency Council on Violence Against Women and Their Children to monitor the effectiveness of initiatives to address violence against women and develop programmes and projects to eliminate such violence. (Philippines, Anti-Violence against Women and their Children Act (2004), Section 36) Good Practices in Legislation on Violence Against Women (2008) Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime II. Safe Houses The State, through the Government to ensure the creation, installation, operation and maintenance of public houses to support women victims of violence. In conjunction with private institutions of social solidarity such as NGOs, the Government will, as geographically appropriate, promote and support the creation of a nuclei of care for women victims of violence. The services provided through the network of public housing and service centers to support women victims of violence are free. (Portugal, Law No. 107/99 Creation of Public Houses to Support Women Victims of Violence) I. Hotline The Secretary may award a grant to a private, nonprofit entity to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. (United States, Violence Against Women Act 1994, Sec 316) Requirement that shelters be established in municipalities with more than 50,000 inhabitants. (Turkey, Local Administration Law) III. Protective Order A court within 8 hours following the receipt of a complaint shall issue an ex parte restraining order against an offender. The ex parte restraining order can be issued in the absence of the offender if the latter cannot be summoned. The ex parte restraining order may be issued in the presence of a victim if he/she requests. The court shall be issue the ex parte restraining order provided the fact of committing an act of domestic violence in circumstances of a real danger has been attested to by the victims complaint, witnesses testimony or/and other evidences. The court shall dispatch immediately the issued ex parte restraining order to the police of the area where the offender, victim , and other persons concerned reside. (Mongolia, Law Against Domestic Violence, 1999, Article 15) For the purpose of immediate effect (response), protection of the victim and certain restriction of the abusers activities, relevant bodies as a temporary measure may issue a protective or restrictive order. A protective order is an act issued by the first instance court judge based on administrative proceedings, which defines temporary protection measures of victims in cases of domestic violence, except cases, where the grounds for instituting criminal proceedings exists and the person is deprived of liberty based on the restrictive measure. Restrictive order is an act issued by the authorized employee of police, which defines temporary protection measures of victims in cases of domestic violence and which shall be submitted to the court for approval within 24 hours. Failure to comply with the conditions prescribed by protective and restrictive order shall lead to criminal responsibility of the abuser (Georgia, Law on the Elimination of Domestic Violence, Protection of and Support to its Victims, Article 10) A civil servant subject to gender based violence may apply to transfer to another unit or locality (Spain, Amendment to Labor Law, 2005) V. Transfer of Work IV. Annulment of Tenancy Agreement In cases of domestic violence, threatening the safety of the victim is now an excuse to annul a tenancy agreement between the parties (Canada, Amendment to Article 174 of the Quebec Civil Code) Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women, Released by the Parliamentary Assembly of the Council of Europe Where a person applies for an occupation order or a tenancy order in respect of a dwelling house, that person may If the Court makes an occupation order or a tenancy order on that application, at any time while that order remains in force, apply to the Court for an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in that dwelling. (New Zealand, Domestic Violence Act 1995, Law No. 86 (and amendment 1998) VII. Granting Immigration Status to Victims If a girl is at risk of female genital mutilation, she and her family may be granted residence status (Netherlands, Aliens Act Implementation Guidelines 2003; For the granting of immigration status see also, United States of America, Violence Against Women Act 1994; Canada, Immigration and Refugee Protection Act 2002; Sweden, Aliens Act 2005) Good Practices in Legislation on Violence Against Women (2008) Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime VI. Right to Compensation: Mandatory restitution, civil compensation, state fund A special fund for survivors of violent crimes and crimes against sexual freedom established (Spain, Act Concerning Aid and Assistance to Victims of Violent Crimes and Crimes against Sexual Freedom (1995)) Good Practices in Legislation on Violence Against Women (2008) Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime The order of restitution under this section shall direct that the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victims losses as determined by the court; the United States Attorney enforce the restitution order by all available and reasonable means. (United States of America, Violence Against Women Act 1994, 2327)