<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	xmlns:georss="http://www.georss.org/georss" xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#" xmlns:media="http://search.yahoo.com/mrss/"
	>

<channel>
	<title>Recent Developments in Domestic Law</title>
	<atom:link href="http://lawindex.wordpress.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://lawindex.wordpress.com</link>
	<description>All the Law you'll ever need</description>
	<lastBuildDate>Mon, 18 Feb 2008 00:45:49 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.com/</generator>
<cloud domain='lawindex.wordpress.com' port='80' path='/?rsscloud=notify' registerProcedure='' protocol='http-post' />
<image>
		<url>http://s2.wp.com/i/buttonw-com.png</url>
		<title>Recent Developments in Domestic Law</title>
		<link>http://lawindex.wordpress.com</link>
	</image>
	<atom:link rel="search" type="application/opensearchdescription+xml" href="http://lawindex.wordpress.com/osd.xml" title="Recent Developments in Domestic Law" />
	<atom:link rel='hub' href='http://lawindex.wordpress.com/?pushpress=hub'/>
		<item>
		<title>Blair is right to join Dublin in an anti-terror crackdown</title>
		<link>http://lawindex.wordpress.com/2008/02/18/blair-is-right-to-join-dublin-in-an-anti-terror-crackdown/</link>
		<comments>http://lawindex.wordpress.com/2008/02/18/blair-is-right-to-join-dublin-in-an-anti-terror-crackdown/#comments</comments>
		<pubDate>Mon, 18 Feb 2008 00:45:49 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[British Law]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/18/blair-is-right-to-join-dublin-in-an-anti-terror-crackdown/</guid>
		<description><![CDATA[Peter Cunningham IN THE days after the Omagh bomb, Tony Blair, in consultation with the Irish government, decided on today&#8217;s recall of Parliament in order to push through sweeping anti-terrorist measures. Blair&#8217;s critics have not been slow off the mark. They accuse him of making a selective attack on terrorism, in this case Irish, and [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=22&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b><br />
</b></p>
<p>Peter Cunningham IN THE days after the Omagh bomb, Tony Blair, in consultation with the Irish government, decided on today&#8217;s recall of Parliament in order to push through sweeping anti-terrorist measures. Blair&#8217;s critics have not been slow off the mark. They accuse him of making a selective attack on terrorism, in this case Irish, and for a misguided abandonment of reliance on existing domestic law, which, they claim, is already adequate. More, Blair is accused of fitting Britain with a noose of emergency powers that will lead in jig time to a choking of civil liberties. But with his eye unwaveringly on the Irish problem as it has been since he came into power, Blair knows that by far the greater risk will be to ignore the rare opportunity which has arisen as a result of the Omagh atrocity.</p>
<p>These are times of rapid change in Ireland. In a political landscape notorious for its dogged lack of change, the speed of the current transformation is awe inspiring. The hope over long years by a committed few, sustained in the face of odds beyond imagination, has finally found fertile opportunity in a confluence of factors: an American President who has been persuaded to make peace in Ireland a priority of his administration, and a British Prime Minister who, uniquely, is both interested in solving the problem in Ireland once and for all, and who has the political means to do so.</p>
<p>Once and for all. Or, &#8220;over, done with and gone&#8221;. The words of resolute men and women, they ring with the finality of the utterly determined. Gerry Adams used just this language two days ago in drawing a line under the violence of the past, and whether or not his motivation sprang from expediency dictated by the prospect of his meeting at last with David Trimble, the leader of the Ulster Unionists and Northern Ireland&#8217;s first minister, or from a wish to ingratiate himself further with Bill Clinton who comes to Omagh today, or because Sinn Fein thought such a statement might head off Britain&#8217;s emergency legislation, or for all or none of these reasons &#8211; the fact remains that he said it. Add that to Sinn Fein&#8217;s unique and unequivocal condemnation of Omagh, and the speed of change in current Irish politics becomes apparent.</p>
<p>The problems of Northern Ireland are not solved, of course, but the dreadful events in Omagh on the afternoon of 15 August may just have tipped the scales at a crucial moment. On the following morning, I drove half the length of Ireland, listening on the car radio to seasoned reporters speak in breaking voices of the scenes of desolation all around them. I went that afternoon to Croke Park in Dublin with 50,000 others to watch Waterford play Kilkenny in a hurling match. We stood for a minute&#8217;s silence before the game. Men and women wept. The silence could have lasted 30 minutes and no one would have been the first to speak. This was the Irish heartland come to Dublin &#8211; and it was shocked and shamed and heartsick to a man.</p>
<p>But mood is ephemeral. Five years ago, in the wake of the Warrington bomb when, in a British newspaper, I called for Ireland to confront the ghost in its psyche and repeal those articles of its constitution repugnant to Unionists, going on a popular Irish radio programme to defend my case, my voice was in a minority of one. Callers to the programme were overwhelmingly opposed to my suggestion, despite Warrington and the deaths of children. Militant Irish republicanism is deeply entrenchedand its followers are never on the back foot for long,</p>
<p>But they are a tiny minority. Moderate republicanism in Ireland is a proud and honourable tradition, but where England is concerned, one which is rooted in mistrust. What has there been in the canon of history between the two countries which might persuade the Irish that England or its justice can be trusted? Not a lot. The cases of the Guildford Four and the Birmingham Six were spectacular failures in the responsibility which the justice system of one sovereign country is obliged to extend to the citizens of another. Trust is slow to grow in such a hinterland.</p>
<p>Bertie Ahern understands this. A canny political operator, already backed by a massive 94% vote in last May&#8217;s referendum which at last jettisoned Ireland&#8217;s constitutional claims over Northern Ireland, Ahern has now seized the new mood of revulsion which has swept Ireland and has moved ruthlessly into territory which before, due to the historical lack of trust, would never have allowed him a safe passage. Ahern was the first to use the term &#8220;draconian&#8221; to describe the new legislation, also being debated in Dublin this week in tandem with that at Westminster. The Irish courts will be girded with new powers. Terrorists from now can be arrested on the word of a police officer of, or above, the rank of superintendent and brought to trial on such a basis. The courts may order the seizure of the assets of those so convicted, similar measures to those already successfully introduced in Ireland to curtail drug smuggling. Omagh, designed by the executioners of 28 people to destroy the Good Friday Agreement, has been a tactical disaster for the terrorists. Far from shaking Ahern, the taoiseach&#8217;s hand has been strengthened even more.</p>
<p>But for Ahern to have attempted such legislation alone would have been a nonsense. If terrorists could skip across the border to a safe haven in Northern Ireland or in England, finding a sanctuary within the very body politic they are sworn to destroy, then Ahern&#8217;s new legislation would have been toothless. And without Ahern&#8217;s measures, when the mood of Omagh eventually ebbed, the men and women, for whom no greater ideal exists than the blood sacrifice of 1916, would rise up, or crawl out, again, and the cycle of violence would be resumed.</p>
<p>Like Blair, Ahern is a man for his time. The time is now and it is for a final end to the misery. Over, done with and gone. The people of Ireland have spoken and although only some of them are his people, Blair believes in the integrity of the argument and is prepared to take risks for what he believes in. Recalling parliaments and giving laws both sides of the border a sound footing is another step in the new era of trust between the countries. Anything less from Britain at this moment, and Ireland, a young country with a long memory, will never reach the promised land that the overwhelming majority of her people north and south wish for.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/22/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/22/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/22/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/22/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/22/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=22&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/18/blair-is-right-to-join-dublin-in-an-anti-terror-crackdown/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Smack addicts</title>
		<link>http://lawindex.wordpress.com/2008/02/16/smack-addicts/</link>
		<comments>http://lawindex.wordpress.com/2008/02/16/smack-addicts/#comments</comments>
		<pubDate>Sat, 16 Feb 2008 16:42:06 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[British Law]]></category>
		<category><![CDATA[Civil Law]]></category>
		<category><![CDATA[domestic law]]></category>
		<category><![CDATA[Human Rights law]]></category>
		<category><![CDATA[whiny british legal snobs]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/16/smack-addicts/</guid>
		<description><![CDATA[Philip Hodson Last November, a young English boy protested to the highest court in the land that his stepfather had no right to cane him. During his trial, it was noted that the beatings had been frequent and &#8220;hurt a lot, particularly when he was beaten on the legs&#8221;. He was severely bruised and had [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=21&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b><br />
</b></p>
<p>Philip Hodson Last November, a young English boy protested to the highest court in the land that his stepfather had no right to cane him. During his trial, it was noted that the beatings had been frequent and &#8220;hurt a lot, particularly when he was beaten on the legs&#8221;. He was severely bruised and had several linear scars. He was repeatedly beaten between the ages of five and eight. As expected, this week the European Court of Human Rights in Strasbourg found in his favour.</p>
<p>The problem for British parents is: what happens next? One of the most perplexed appears to be Paul Boateng, father-of-five and Parliamentary Under-Secretary to the Ministry of Health. He gave an undertaking last March that the Government would adopt the European Court ruling as final. He promised that our domestic law would be brought in to line with the general trend where at least eight other European countries, including Austria and most of Scandinavia, have already outlawed the corporal punishment of children. Since July, such punishment has also been banned in British schools by the School Standards and Framework Act.</p>
<p>You might think that today, Mr Boateng would proudly be announcing the death by law of ALL violent parental chastisement in Britain. A recent pamphlet from Boateng&#8217;s own department had said: &#8220;It&#8217;s never OK to shake or smack a baby.&#8221; Of course, you&#8217;d be wrong. With William Hague and the Tories screaming about Euro interference, what you actually find is Mr Boateng&#8217;s department defending a parent&#8217;s right to smack to their heart&#8217;s content, just so long as they don&#8217;t use an &#8220;implement&#8221;. We are told that &#8220;smacking has a place within parental discipline and our law will not be changed to outlaw smacking&#8221;.</p>
<p>This is totally confusing for the rest of us, both parents and children alike. It was hoped that the ruling would mark a change in the culture of British childcare which, at present, by the Government&#8217;s own research, results in a fifth of children under 16 being hit with implements and three quarters of babies being smacked in the first year of life. What Mr Boateng has now done is the equivalent of introducing a drink-drive law which says it&#8217;s all right to drive a car so long as you&#8217;re only two- thirds tipsy. On the one hand, Mr Boateng is telling parents that you may smack as hard as you want. On the other, he&#8217;s saying that, if like the father of Dennis the Menace, you take a slipper to your son&#8217;s backside, you may be prosecuted for assault.</p>
<p>I understand that frustrated parents sometimes lose their rag. I&#8217;ve done it. My teachers did the same. But we know that hitting children only causes resentment and inculcates a philosophy that &#8220;might is right&#8221;. Hitting your child is only justifiable on the basis that it was a mistake in the first place and that you make amends afterwards. You try to learn from your mistakes. Yet here&#8217;s the Government giving the oxygen of approval to our worst instincts.</p>
<p>This is all the more serious because a concerted family values campaign already exists to promote parental violence which may become abusive. Perhaps you&#8217;re prepared to overlook the odd smacking of a 10-year-old by frustrated parents. It gets more difficult when you see the colour photographs of the bruises and broken skin. But what should the Government do about those who advocate the beating of babies?</p>
<p>Earlier this month, self-styled parenting gurus, Gary and Anne- Marie Ezzo, flew into Britain from California to preach their gospel of childcare. Since the mid-1990s, they claim to have &#8220;educated&#8221; more than 1.5 million parents worldwide. In America, they run a profitable business called &#8220;Growing Families International&#8221;. They present a radio show and peddle a 17-cassette audio-pack. But their special message for parents boils down to: they want you to beat your kids, even babies as young as 14 months and children up to 40 months, with a ritual rod or &#8220;implement&#8221;.</p>
<p>Like Jesuits, the Ezzos favour early propaganda. They believe that &#8220;hitting &#8216;em while still young&#8221; is the only way to instill &#8220;lifetime obedience&#8221;. Parents are even told they can expect &#8220;first-time compliance&#8221; to their orders. This means that if you command your two-year-old to stop playing in the cupboard and he says &#8220;I haven&#8217;t finished yet&#8221;, you march him upstairs for a beating.</p>
<p>Gary and Anne-Marie explain that smacking by hand is unsuccessful because it lacks sufficient &#8220;sting&#8221;. You have to use an &#8220;instrument&#8221;. &#8220;Don&#8217;t use a wooden spoon,&#8221; they say. &#8220;It doesn&#8217;t have enough `flex&#8217;. You need an instrument that has `flex&#8217;. The goal is to produce a high sting. The tissue must absorb the impact. Only this produces the type of pain that re-directs the child&#8217;s attention.&#8221; Then the loving personal touch: &#8220;In our household, we use a piece of vinyl leather 10-12 inches long, an inch- and-a-half wide and a quarter-inch thick. This produces a sting but doesn&#8217;t cause damage.&#8221;</p>
<p>Avoiding damage is a high priority for Gary and Anne-Marie. &#8220;If the instrument is too heavy, it will leave marks; if it&#8217;s too light, it will be meaningless.&#8221; In case of doubt, they say, &#8220;anything that cuts the skin is too heavy&#8221;. They make a light-hearted reference to nobody wanting the social services getting involved.</p>
<p>In classic cases of abuse, the violator always seeks to isolate the victim. The idea is to rule out witnesses. By an insidious parallel, this is exactly what the Ezzos do. While claiming to be protectors, they advise: &#8220;Don&#8217;t beat in front of other adults. Don&#8217;t beat in front of other children. If Gran and Grandma come over, don&#8217;t do it in front of them. Rarely do it in front of other siblings. And don&#8217;t do it on bare skin.&#8221; But what if it&#8217;s a baby? &#8220;With a toddler in a diaper you may have to pull off the diaper and hit just below the diaper line.&#8221; Or if it&#8217;s a well-covered girl? &#8220;Suppose there&#8217;s a corduroy skirt that you can&#8217;t get through, then you may have to drop that down a little bit too.&#8221;</p>
<p>Anne-Marie even describes her favourite method of pinning down a child (a difficult phrase in Britain after the Beck scandal) while delivering chastisement. &#8220;To keep your kids still, cross your ankles then put their little legs between your legs and that way you won&#8217;t miss. Then take their little hands and hold them out here &#8211; I&#8217;m talking one, two- and three- year-olds &#8211; then their little bottoms are right there and you won&#8217;t miss&#8221;.</p>
<p>You don&#8217;t have to be Freud to see that these people are seriously deluded. When they claim that beating a child for them is an &#8220;act of love&#8221;, you wonder what they mean. Self-righteous relish drips fro their spanking descriptions. In classic abuse, the truth does a headstand. Confront a paedophile and he&#8217;ll say &#8220;kids like being touched up&#8221;. How bizarre to find the Ezzo&#8217;s using a similar construction.</p>
<p>The dangers are clear-cut. We do not live in a society where parents are always right. We live in a society where children need to think for themselves. We need to live in a society where children are free to grow without emotional and physical abuse &#8211; not to mention the risk of being turned into adults who will probably take sexual pleasure from pain. There is research showing that spanking by parents causes anti-social behaviour in children. It&#8217;s not enough that Mr Boateng sits on the fence to defend the old brutal culture. He has an opportunity to think again and improve the culture. With the new ruling from Strasbourg, the Home Office should not only prosecute abusive parents but also deport their vile mentors.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/21/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/21/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/21/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/21/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/21/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=21&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/16/smack-addicts/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Gov&#8217;t to submit bills on defense cooperation with U.S</title>
		<link>http://lawindex.wordpress.com/2008/02/14/govt-to-submit-bills-on-defense-cooperation-with-us/</link>
		<comments>http://lawindex.wordpress.com/2008/02/14/govt-to-submit-bills-on-defense-cooperation-with-us/#comments</comments>
		<pubDate>Thu, 14 Feb 2008 12:41:09 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[domestic law]]></category>
		<category><![CDATA[international laws]]></category>
		<category><![CDATA[Japanese law]]></category>
		<category><![CDATA[US law]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/14/govt-to-submit-bills-on-defense-cooperation-with-us/</guid>
		<description><![CDATA[TOKYO, March 13 Kyodo The government Friday expressed its intention to submit to the Diet within three months bills to legislate domestic laws governing the updated guidelines for defense cooperation with the United States, Foreign Ministry officials said. During a series of talks in Tokyo of the bilateral Subcommittee for Defense Cooperation and the Security [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=20&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b><br />
</b></p>
<p>TOKYO, March 13 Kyodo</p>
<p>The government Friday expressed its intention to submit to the Diet within three months bills to legislate domestic laws governing the updated guidelines for defense cooperation with the United States, Foreign Ministry officials said.</p>
<p>During a series of talks in Tokyo of the bilateral Subcommittee for Defense Cooperation and the Security Subcommittee at the bureau deputy director general-level, Japan told the U.S. that it plans to refer the measures to the Diet during the ongoing 150-day ordinary parliamentary session which runs through June 10, the ministry officials said.</p>
<p>The bills being considered include one that would result in a law stipulating under what situations, in undefined &#8220;areas surrounding Japan,&#8221; the country will provide U.S. forces with logistic support, the officials quoted Japanese negotiators as saying.</p>
<p>The guidelines, updated in September, say Japan will provide logistic support to the U.S. in the event of an emergency in the region.</p>
<p>The law will also specify procedures under which Japan will provide the support.</p>
<p>The Japanese government also envisions submitting to parliament a bill to amend the Self-Defense Forces (SDF) law so that SDF vessels can legally carry Japanese evacuees and refugees in an emergency.</p>
<p>Due to a tight parliamentary schedule, it is uncertain whether the government can submit all of intended bills to the Diet before it wraps up June 10.</p>
<p>However, senior officials of the ruling Liberal Democratic Party (LDP) said Friday the government is aiming at submission of the bills before the &#8220;Golden Week&#8221; holidays, which extend from April 29 to May 5.</p>
<p>LDP Secretary General Koichi Kato and LDP Policy Research Council Chairman Taku Yamasaki made the remarks in separate meetings with Kurt Campbell, deputy assistant secretary of defense for East Asian and Pacific affairs, who was in Japan to discuss security issues.</p>
<p>Yamasaki was quoted as saying three or four bills are likely to be submitted.</p>
<p>During Friday&#8217;s security talks, Japan and the U.S. also vowed to cooperate in updating the June 1996 Acquisition and Cross-Servicing Agreement (ACSA) during the same time period, according to government officials.</p>
<p>The pact currently provides for mutual logistic support of supplies and services only in peacetime.</p>
<p>It therefore needs to be revised or replaced with a new treaty in order to have it apply in an emergency.</p>
<p>Japan also pledged that it will continue efforts to obtain understanding from local residents on the planned construction of a U.S. offshore military heliport in Okinawa Prefecture, the officials said.</p>
<p>The U.S. side agreed to continue supporting the Japanese central government&#8217;s stance to search for ways to build a sea-based heliport off the U.S. Marine Corps&#8217; Camp Schwab in the city of Nago in Japan&#8217;s southwestern island prefecture of Okinawa despite resistance from local residents.</p>
<p>The heliport construction has been proposed in order to relocate the helicopter operations of the Futemma Marine Corps Air Station, located in the city of Ginowan, Okinawa Prefecture.</p>
<p>Washington agreed in December 1996 to close the Futemma base in five to seven years on condition that the helicopter operations be relocated to another site in the prefecture</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/20/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/20/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/20/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/20/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/20/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=20&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/14/govt-to-submit-bills-on-defense-cooperation-with-us/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Howard attack on European powers</title>
		<link>http://lawindex.wordpress.com/2008/02/12/howard-attack-on-european-powers/</link>
		<comments>http://lawindex.wordpress.com/2008/02/12/howard-attack-on-european-powers/#comments</comments>
		<pubDate>Tue, 12 Feb 2008 23:38:58 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[British Law]]></category>
		<category><![CDATA[domestic law]]></category>
		<category><![CDATA[European Law]]></category>
		<category><![CDATA[international laws]]></category>
		<category><![CDATA[law enforcement]]></category>
		<category><![CDATA[whiny british legal snobs]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/12/howard-attack-on-european-powers/</guid>
		<description><![CDATA[Michael Howard, the most senior Euro-sceptic in the Cabinet, is in conflict with the government&#8217;s law officers and some ministers over a radical new proposal which could significantly reduce the influence of the European Court of Justice in Britain. The Home Secretary, a persistent critic of the European Court, has circulated a paper to Cabinet [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=19&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>Michael Howard, the most senior Euro-sceptic in the Cabinet, is in conflict with the government&#8217;s law officers and some ministers over a radical new proposal which could significantly reduce the influence of the European Court of Justice in Britain. The Home Secretary, a persistent critic of the European Court, has circulated a paper to Cabinet colleagues proposing changes to the 1972 European Communities Act that would prevent courts reaching findings based on European, rather than domestic law.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/19/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/19/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/19/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/19/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/19/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=19&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/12/howard-attack-on-european-powers/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Leading Article: Too many fishers on the sea</title>
		<link>http://lawindex.wordpress.com/2008/02/11/leading-article-too-many-fishers-on-the-sea/</link>
		<comments>http://lawindex.wordpress.com/2008/02/11/leading-article-too-many-fishers-on-the-sea/#comments</comments>
		<pubDate>Mon, 11 Feb 2008 00:16:59 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[fish laws]]></category>
		<category><![CDATA[international laws]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/11/leading-article-too-many-fishers-on-the-sea/</guid>
		<description><![CDATA[The great fish finger war of &#8217;95 is difficult to take seriously: shots fired, trawlers arrested, warships ordered to sea, pompous exchanges in the House of Commons, European-Canadian contacts frozen &#8211; all for the right to trawl for an obscure kind of fish among the icebergs of the North Atlantic. But this, remember, is the [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=18&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b></b>The great fish finger war of &#8217;95 is difficult to take seriously: shots fired, trawlers arrested, warships ordered to sea, pompous exchanges in the House of Commons, European-Canadian contacts frozen &#8211; all for the right to trawl for an obscure kind of fish among the icebergs of the North Atlantic. But this, remember, is the latest in a long line of piscine squabbles: fish geo-politics will be a recurring theme of the Nineties.</p>
<p>The issues in dispute 300 miles east of Newfoundland are (as always with fish politics) as slippery as a trawler&#8217;s deck. The Canadians have no right to pass domestic laws and enforce them in international waters: Tory MPs who cheered Canada may remember that Britain fought two Cod Wars in the 1970s to assert that principle. On the other hand, the vast Spanish fleet, as large as all other European Union fleets combined, is notoriously ill-disciplined. The Spanish owners&#8217; threat yesterday to send all their deep-water vessels lumbering into the disputed zone was stupidly unhelpful. The once bountiful cod and flounder stocks of the Grand Banks have already been hoovered up (mostly by American boats). The EU should be more sensitive to Canadian anxieties about the remaining stocks of turbot (or, as stubborn European fish experts insist, Greenland Halibut).</p>
<p>The rights and wrongs of the wider issues are more easily grasped. We are fighting with the Canadians over turbot because stocks of the fish we prefer to eat are at desperately low levels. The combination of failed international control policies, increased boat numbers and hi-tech trawling &#8211; sonar spotting of fish shoals, powerful engines and huge lightweight nets &#8211; have scoured the seven seas of cod, haddock and tuna. According to the UN, 70 per cent of world fish stocks are endangered, the number of fishing boats in the world has doubled in the past 20 years, and the EU has 40 per cent more vessels than its stocks can sustain.</p>
<p>Fish respect no national limits; they must be conserved and managed internationally. Fisheries ministers from 80 nations will meet in Rome next week to discuss a voluntary code for protection of the remaining stocks. A voluntary code, if enforced by national or EU laws, would be a step forward. But a fundamental change of approach is also needed.</p>
<p>International fisheries policies &#8211; including the EU Common Fisheries Policy &#8211; have had some successes. But mostly they have failed. They have failed because they have been based on the principle of restricting overall catches and dividing them into national catch quotas. This is almost impossible to enforce. It has proved as effective as squeezing fish paste back into the tube. Some sort of overall catch limits are essential but they must be enforced by limiting, and licensing, the numbers of boats: in other words, by establishing quotas of fishermen, not quotas of fish.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/18/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/18/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/18/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/18/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/18/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=18&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/11/leading-article-too-many-fishers-on-the-sea/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Letter: Risky judgments</title>
		<link>http://lawindex.wordpress.com/2008/02/07/letter-risky-judgments/</link>
		<comments>http://lawindex.wordpress.com/2008/02/07/letter-risky-judgments/#comments</comments>
		<pubDate>Thu, 07 Feb 2008 08:33:40 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[whiny british legal snobs]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/07/letter-risky-judgments/</guid>
		<description><![CDATA[From Professor John Griffith Sir: You report (&#8220;Ministers `not above the rule of law&#8217; &#8220;, 27 February) the Lord Chief Justice in BBC 1&#8242;s On the Record as calling for Britain to incorporate the European Convention on Human Rights into domestic law. In the same programme, I warned of the great dangers of such a [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=17&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b></b><br />
From Professor John Griffith</p>
<p>Sir: You report (&#8220;Ministers `not above the rule of law&#8217; &#8220;, 27 February) the Lord Chief Justice in BBC 1&#8242;s On the Record as calling for Britain to incorporate the European Convention on Human Rights into domestic law. In the same programme, I warned of the great dangers of such a step, as it would deeply involve judges in the political process.</p>
<p>Article 2 of the Convention, for example, provides: &#8220;Everyone&#8217;s right to life shall be protected by law.&#8221; Interpreting this Article, judges would be called on to decide the legality of abortion.</p>
<p>Lord Taylor deplored the scrutiny of the appointment of individual judges as happens in the US. But if judges are to determine such social and political questions, their views are a proper subject for examination prior to appointment.</p>
<p>More fundamentally, one question is consistently evaded by the proponents of incorporation. Under a Bill of Rights, Acts of Parliament may be declared unconstitutional and invalid by the courts. The democratic process is set aside in favour of the political. Does the Lord Chief Justice subscribe to that?</p>
<p>Yours truly,</p>
<p>JOHN GRIFFITH</p>
<p>Marlow, Buckinghamshire</p>
<p>27 February</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/17/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/17/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/17/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/17/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/17/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=17&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/07/letter-risky-judgments/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Top judges support rights Bill in Lords</title>
		<link>http://lawindex.wordpress.com/2008/02/05/top-judges-support-rights-bill-in-lords/</link>
		<comments>http://lawindex.wordpress.com/2008/02/05/top-judges-support-rights-bill-in-lords/#comments</comments>
		<pubDate>Tue, 05 Feb 2008 13:31:32 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[British Law]]></category>
		<category><![CDATA[domestic law]]></category>
		<category><![CDATA[Human Rights law]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/?p=16</guid>
		<description><![CDATA[Stephen Ward The Government was put under renewed pressure last night to incorporate the European Convention on Human Rights into British law. Senior judges, including the Lord Chief Justice, Lord Taylor of Gosforth, backed a private member&#8217;s Bill in the Lords . Britain ratified the convention, which guarantees basic rights such as free speech, access [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=16&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b></b>Stephen Ward The Government was put under renewed pressure last night to incorporate the European Convention on Human Rights into British law. Senior judges, including the Lord Chief Justice, Lord Taylor of Gosforth, backed a private member&#8217;s Bill in the Lords .</p>
<p>Britain ratified the convention, which guarantees basic rights such as free speech, access to courts and protection against any discrimination, 44 years ago, but it has only been enforced by international judges in the European Court in Strasbourg.</p>
<p>Although their rulings are binding on the British Government, citizens can only appeal there after all British courts have been exhausted.</p>
<p>If it was incorporated into domestic law, judges at lower courts could give immediate rulings on alleged breaches. If the bill passes all its hurdles in the Lords, it is likely to reach the Commons later this year.</p>
<p>Lord Lester QC, of Herne Hill, a Liberal Democrat, introduced the bill for a Second Reading last night. He said: &#8220;Successive governments have refused to incorporate the conventions&#8217; rights into domestic law . . . British judges are unable to help at home because they have no parliamentary mandate to do so.&#8221;</p>
<p>For the Government, Baroness Blatch, Home Office Minister of State, said the Bill would strike at the heart of the principle of Parliamentary sovereignty. She said it was not for unelected judges to decide when laws should be changed.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/16/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/16/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/16/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/16/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/16/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=16&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/05/top-judges-support-rights-bill-in-lords/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>Domestic Violence Against Women &amp; Girls of Annie Get Your Gun!</title>
		<link>http://lawindex.wordpress.com/2008/02/03/domestic-violence-against-women-girls-of-annie-get-your-gun/</link>
		<comments>http://lawindex.wordpress.com/2008/02/03/domestic-violence-against-women-girls-of-annie-get-your-gun/#comments</comments>
		<pubDate>Sun, 03 Feb 2008 21:53:22 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[Wife Beaters]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/?p=24</guid>
		<description><![CDATA[Take a look at these stats. Maybe our youg women of marrying age shoot get lessons on how to shoot a gun for their Confimation, Graduation and/or Engagements gifts (and this from a pece loving and anti gudssssssssss: DOMESTIC VIOLENCE AGAINST WOMEN AND GIRLS  OVERVIEW  SCOPE OF THE PROBLEM  MAGNITUDE OF THE [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=24&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>Take a look at these stats. Maybe our youg women of marrying age shoot get lessons on how to shoot a gun for their Confimation, Graduation and/or Engagements gifts (and this from a pece loving and anti gudssssssssss:</p>
<p>DOMESTIC<br />
VIOLENCE<br />
AGAINST<br />
WOMEN AND GIRLS<br />
 OVERVIEW<br />
 SCOPE OF THE PROBLEM<br />
 MAGNITUDE OF THE PROBLEM<br />
 CAUSES OF DOMESTIC VIOLENCE<br />
 CONSEQUENCES<br />
 CALCULATING THE SOCIO-ECONOMIC<br />
COSTS OF VIOLENCE<br />
 STRATEGIES AND INTERVENTIONS:<br />
AN INTEGRATED APPROACH<br />
 COMBATING DOMESTIC VIOLENCE:<br />
OBLIGATIONS OF THE STATE<br />
INNOCENTI DIGEST<br />
No . 6 &#8211; J u n e 2 0 0 0<br />
DOMESTIC VIOLENCE<br />
AGAINST WOMEN AND GIRLS<br />
CONTENTS<br />
EDITORIAL 1<br />
OVERVIEW 2<br />
SCOPE OF THE PROBLEM 3<br />
MAGNITUDE OF THE PROBLEM 4<br />
Physical abuse 4<br />
Sexual abuse and rape<br />
in intimate relationships 4<br />
Psychological and emotional abuse 4<br />
Femicide 6<br />
Sexual abuse of children<br />
and adolescents 6<br />
Forced prostitution 6<br />
Sex-selective abortions, female<br />
infanticide and differential access<br />
to food and medical care 6<br />
Traditional and cultural practices<br />
affecting the health and lives<br />
of women 6<br />
CAUSES OF DOMESTIC VIOLENCE 7<br />
CONSEQUENCES 8<br />
Denial of fundamental rights 8<br />
Human development goals<br />
undermined 9<br />
Health consequences 9<br />
Impact on children 9<br />
CALCULATING THE SOCIO-ECONOMIC<br />
COSTS OF VIOLENCE 12<br />
STRATEGIES AND INTERVENTIONS:<br />
AN INTEGRATED APPROACH 13<br />
The family 14<br />
Local community 15<br />
Civil society 15<br />
The state machinery 17<br />
International organizations 19<br />
LINKS 20<br />
REFERENCES 25<br />
Also includes<br />
COMBATING DOMESTIC VIOLENCE:<br />
OBLIGATIONS OF THE STATE<br />
by Radhika Coomaraswamy 10<br />
<br />
EDITORIAL<br />
Women and children are often in great danger in the place where they should be safest:<br />
within their families. For many, ‘home’ is where they face a regime of terror and violence<br />
at the hands of somebody close to them – somebody they should be able to trust. Those<br />
victimized suffer physically and psychologically. They are unable to make their own<br />
decisions, voice their own opinions or protect themselves and their children for fear of<br />
further repercussions. Their human rights are denied and their lives are stolen from them<br />
by the ever-present threat of violence.<br />
This Innocenti Digest looks specifically at domestic violence. The term ‘domestic’<br />
includes violence by an intimate partner and by other family members, wherever this<br />
violence takes place and in whatever form. The Digest builds on the research carried out<br />
by the UNICEF Innocenti Research Centre for an earlier Digest on Children and Violence.<br />
In recent years, there has been a greater understanding of the problem of domestic<br />
violence, its causes and consequences, and an international consensus has developed on<br />
the need to deal with the issue. The Convention on the Elimination of All Forms of<br />
Discrimination against Women adopted by the United Nations General Assembly some<br />
20 years ago, the decade-old Convention on the Rights of the Child, and the Platform<br />
for Action adopted at the Fourth International Conference on Women in Beijing in 1995,<br />
all reflect this consensus. But progress has been slow because attitudes are deeply<br />
entrenched and, to some extent, because effective strategies to address domestic violence<br />
are still being defined. As a result, women worldwide continue to suffer, with estimates<br />
varying from 20 to 50 per cent from country to country.<br />
This appalling toll will not be eased until families, governments, institutions and civil<br />
society organizations address the issue directly. Women and children have a right to<br />
State protection even within the confines of the family home. Violence against women<br />
is perpetrated when legislation, law enforcement and judicial systems condone or do not<br />
recognize domestic violence as a crime. One of the major challenges is to end impunity<br />
for perpetrators. So far, only 44 countries (approximately) have adopted specific legislation<br />
to address domestic violence.<br />
As this Digest demonstrates, domestic violence is a health, legal, economic, educational,<br />
developmental and, above all, a human rights issue. Much has been done to create<br />
awareness and demonstrate that change is not only necessary, it is also possible. Now<br />
that strategies for dealing with it are becoming clearer, there is no excuse for inaction.<br />
Mehr Khan<br />
Director, UNICEF Innocenti Research Centre<br />
Innocenti Digest no. 6<br />
Innocenti Digest 6 – Domestic Violence<br />
2<br />
Main issues<br />
Violence against women and girls continues<br />
to be a global epidemic that kills, tortures,<br />
and maims – physically, psychologically,<br />
sexually and economically. It is one<br />
of the most pervasive of human rights violations,<br />
denying women and girls equality,<br />
security, dignity, self-worth, and their<br />
right to enjoy fundamental freedoms.<br />
Violence against women is present in<br />
every country, cutting across boundaries<br />
of culture, class, education, income, ethnicity<br />
and age. Even though most societies<br />
proscribe violence against women,<br />
the reality is that violations against<br />
women’s human rights are often sanctioned<br />
under the garb of cultural practices<br />
and norms, or through misinterpretation<br />
of religious tenets. Moreover, when the<br />
violation takes place within the home, as<br />
is very often the case, the abuse is effectively<br />
condoned by the tacit silence and<br />
the passivity displayed by the state and<br />
the law-enforcing machinery.<br />
The global dimensions of this violence<br />
are alarming, as highlighted by studies on<br />
its incidence and prevalence. No society<br />
can claim to be free of such violence, the<br />
only variation is in the patterns and trends<br />
that exist in countries and regions.<br />
Specific groups of women are more vulnerable,<br />
including minority groups,<br />
indigenous and migrant women, refugee<br />
women and those in situations of armed<br />
conflict, women in institutions and detention,<br />
women with disabilities, female<br />
children, and elderly women.<br />
This Digest focuses specifically on<br />
domestic violence – the most prevalent<br />
yet relatively hidden and ignored form of<br />
violence against women and girls. While<br />
reliable statistics are hard to come by,<br />
studies estimate that, from country to<br />
country, between 20 and 50 per cent of<br />
women have experienced physical violence<br />
at the hands of an intimate partner<br />
or family member.1<br />
For the purpose of this Digest, the<br />
term “domestic violence” includes violence<br />
against women and girls by an intimate<br />
partner, including a cohabiting partner,<br />
and by other family members,<br />
whether this violence occurs within or<br />
beyond the confines of the home. While<br />
recognizing that other forms of violence<br />
are equally worthy of attention, this<br />
Digest does not cover the violence inflicted<br />
on women by strangers outside the<br />
home – in public places such as streets,<br />
workplaces or in custody, or in situations<br />
of civil conflict or war. It does not look at<br />
the issue of violence against domestic<br />
workers, as this is perpetrated by individuals<br />
who are not related. In other words,<br />
the term “domestic” here refers to the<br />
types of relationships involved rather than<br />
the place where the violent act occurs.<br />
The Digest attempts to set out the magnitude<br />
and universality of domestic violence<br />
against women and girls, and its<br />
impact on the rights of women and children.<br />
It emphasizes the need for coordinated<br />
and integrated policy responses;<br />
enhancing partnerships between stakeholders;<br />
setting up mechanisms for monitoring<br />
and evaluating programmes and policies;<br />
implementing existing legislation; and<br />
ensuring greater transparency and accountability<br />
from governments in order to eliminate<br />
violence against women and girls.<br />
Women’s groups have long pushed for<br />
OVERVIEW<br />
<br />
Definitions and Key Concepts<br />
There is no universally accepted definition of violence against women. Some human rights<br />
activists prefer a broad-based definition that includes &#8220;structural violence&#8221; such as poverty,<br />
and unequal access to health and education. Others have argued for a more limited<br />
definition in order not to lose the actual descriptive power of the term.2 In any case, the<br />
need to develop specific operational definitions has been acknowledged so that research<br />
and monitoring can become more specific and have greater cross-cultural applicability.<br />
The United Nations Declaration on the Elimination of Violence against Women (1993)<br />
defines violence against women as &#8220;any act of gender-based violence that results in, or is<br />
likely to result in, physical, sexual or psychological harm or suffering to women, including<br />
threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public<br />
or in private life.&#8221;3<br />
This definition refers to the gender-based roots of violence, recognizing that &#8220;violence<br />
against women is one of the crucial social mechanisms by which women are forced into a<br />
subordinate position compared with men.&#8221; It broadens the definition of violence by<br />
including both the physical and psychological harm done towards women, and it includes<br />
acts in both private and public life. The Declaration defines violence against women as<br />
encompassing, but not limited to, three areas: violence occurring in the family, within the<br />
general community, and violence perpetrated or condoned by the State.<br />
Domestic violence, as defined for this Digest, includes violence perpetrated by intimate<br />
partners and other family members, and manifested through:<br />
Physical abuse such as slapping, beating, arm twisting, stabbing, strangling, burning,<br />
choking, kicking, threats with an object or weapon, and murder. It also includes traditional<br />
practices harmful to women such as female genital mutilation and wife inheritance (the<br />
practice of passing a widow, and her property, to her dead husband’s brother).<br />
Sexual abuse such as coerced sex through threats, intimidation or physical force, forcing<br />
unwanted sexual acts or forcing sex with others.<br />
Psychological abuse which includes behaviour that is intended to intimidate and<br />
persecute, and takes the form of threats of abandonment or abuse, confinement to the<br />
home, surveillance, threats to take away custody of the children, destruction of objects,<br />
isolation, verbal aggression and constant humiliation.<br />
Economic abuse includes acts such as the denial of funds, refusal to contribute<br />
financially, denial of food and basic needs, and controlling access to health care,<br />
employment, etc.<br />
Acts of omission are also included in this Digest as a form of violence against women<br />
and girls.4 Gender bias that discriminates in terms of nutrition, education and access to<br />
health care amounts to a violation of women&#8217;s rights. It should be noted that although the<br />
categories above are listed separately, they are not mutually exclusive. Indeed, they often<br />
go hand in hand.<br />
“Violence against women is a manifestation of historically unequal power relations between men and women, which have led to<br />
domination over and discrimination against women by men and to the prevention of the full advancement of women&#8230;”<br />
The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993.<br />
such responses, and have placed women’s<br />
rights firmly on the agenda of international<br />
human rights through their advocacy.<br />
The 1990s, in particular, witnessed concentrated<br />
efforts on the part of the world<br />
community to legitimize and mainstream<br />
the issue. The World Conference on<br />
Human Rights in Vienna (1993) accepted<br />
that the rights of women and girls are “an<br />
inalienable, integral and indivisible part of<br />
universal human rights.” The United<br />
Nations General Assembly, in December<br />
1993, adopted the Declaration on the<br />
Elimination of Violence against Women. It<br />
is the first international human rights<br />
instrument to deal exclusively with violence<br />
against women, a groundbreaking<br />
document that became the basis for many<br />
other parallel processes.<br />
In 1994, the Commission on Human<br />
Rights appointed the first UN Special<br />
Rapporteur on Violence against Women,<br />
entrusting her with the task of analyzing<br />
and documenting the phenomenon, and<br />
holding governments accountable for violations<br />
against women. The Fourth World<br />
Conference on Women in Beijing (1995)<br />
included elimination of all forms of violence<br />
against women as one of its twelve<br />
strategic objectives, and listed concrete<br />
actions to be taken by governments, the<br />
United Nations, international and nongovernmental<br />
organizations.<br />
While gender-based violence is not<br />
specifically mentioned in the 1979<br />
Convention on the Elimination of All<br />
Forms of Discrimination against Women<br />
(CEDAW), in 1992 the Committee overseeing<br />
CEDAW implementation adopted<br />
General Recommendation 19, which<br />
states that it is a form of discrimination<br />
that inhibits a woman’s ability to enjoy<br />
rights and freedoms on a basis of equality<br />
with men. It asks that governments take<br />
this into consideration when reviewing<br />
their laws and policies.<br />
Under the new Optional Protocol to<br />
CEDAW, adopted by the UN General<br />
Assembly in October 1999, ratifying<br />
States recognize the authority of the<br />
Committee to receive and consider complaints<br />
from individuals or groups within<br />
that State’s jurisdiction. On the basis of<br />
such complaints, the Committee can then<br />
conduct confidential investigations and<br />
issue urgent requests for a government to<br />
take action to protect victims from harm,<br />
bringing the Convention into line with<br />
other human rights instruments such as<br />
the Convention against Torture.<br />
This growing momentum has compelled<br />
a better understanding of the causes<br />
and consequences of violence against<br />
women, and positive steps have been<br />
taken in some countries, including reforming<br />
and changing laws that deal with this<br />
issue. Some regions have developed their<br />
own conventions on violence against<br />
women, examples of which are the Inter-<br />
American Convention on the Prevention,<br />
Punishment and Eradication of Violence<br />
against Women, and the African<br />
Convention on Human and People’s<br />
Rights, including its Additional Protocol<br />
on Women’s Rights.<br />
Main issues<br />
3<br />
Innocenti Digest 6 – Domestic Violence<br />
The family is often equated with sanctuary<br />
– a place where individuals seek love, safety,<br />
security, and shelter. But the evidence<br />
shows that it is also a place that imperils<br />
lives, and breeds some of the most drastic<br />
forms of violence perpetrated against<br />
women and girls.<br />
Violence in the domestic sphere is usually<br />
perpetrated by males who are, or who<br />
have been, in positions of trust and intimacy<br />
and power – husbands, boyfriends,<br />
fathers, fathers-in-law, stepfathers, brothers,<br />
uncles, sons, or other relatives. Domestic<br />
violence is in most cases violence perpetrated<br />
by men against women. Women can also<br />
be violent, but their actions account for a<br />
small percentage of domestic violence.<br />
Violence against women is often a cycle<br />
of abuse that manifests itself in many forms<br />
throughout their lives (see Table 1). Even<br />
at the very beginning of her life, a girl may<br />
be the target of sex-selective abortion or<br />
female infanticide in cultures where sonpreference<br />
is prevalent. During childhood,<br />
violence against girls may include enforced<br />
malnutrition, lack of access to medical care<br />
and education, incest, female genital mutilation,<br />
early marriage, and forced prostitution<br />
or bonded labour.<br />
Some go on to suffer throughout their<br />
adult lives – battered, raped and even murdered<br />
at the hands of intimate partners.<br />
Other crimes of violence against women<br />
include forced pregnancy, abortion or sterilization,<br />
and harmful traditional practices<br />
such as dowry-related violence, sati (the<br />
burning of a widow on the funeral pyre of<br />
her husband), and killings in the name of<br />
honour. And in later life, widows and elder-<br />
SCOPE OF THE PROBLEM<br />
<br />
Table 1 &#8211; Examples of Violence against Women<br />
Throughout the Life Cycle<br />
Phase Type of violence<br />
Pre-birth Sex-selective abortion; effects of battering during pregnancy on birth<br />
outcomes.<br />
Infancy Female infanticide; physical, sexual and psychological abuse.<br />
Girlhood Child marriage; female genital mutilation; physical, sexual and<br />
psychological abuse; incest; child prostitution and pornography.<br />
Adolescence and Dating and courtship violence (e.g. acid throwing and date rape)<br />
Adulthood economically coerced sex (e.g. school girls having sex with “sugar<br />
daddies” in return for school fees); incest; sexual abuse in the<br />
workplace; rape; sexual harassment; forced prostitution and<br />
pornography; trafficking in women; partner violence; marital rape;<br />
dowry abuse and murders; partner homicide; psychological abuse;<br />
abuse of women with disabilities; forced pregnancy.<br />
Elderly Forced “suicide” or homicide of widows for economic reasons; sexual,<br />
physical and psychological abuse.<br />
(Source: “Violence Against Women”, WHO., FRH/WHD/97.8)<br />
The extent, validity and reliability of the<br />
data available are critical in determining<br />
the magnitude of the problem and in identifying<br />
priority areas for intervention.<br />
Prevalence studies with samples of representative<br />
populations are relatively new in<br />
developing countries. Such studies were<br />
initially conducted in industrialized countries<br />
– the United States, Canada, and<br />
Europe. For example, one very influential<br />
survey conducted in Canada in 1993 under<br />
the auspices of the Canadian government<br />
was developed in consultation with<br />
women’s organizations and ensured adequate<br />
support and services for women participating<br />
in the survey.<br />
When designing research on violence<br />
against women, it is important that the<br />
research itself does not put women at risk.<br />
The World Health Organization (WHO)<br />
has developed specific ethical and safety<br />
recommendations that take into account,<br />
among other issues, the safety of respondents<br />
and the research team, protecting<br />
confidentiality to ensure both women’s<br />
safety and data quality, and specialized<br />
training of interviewers.6<br />
Most of the data available on violence<br />
against women are believed to be not only<br />
conservative, but unreliable. Studies vary<br />
in the sample size of women chosen, and<br />
the ways in which questions have been<br />
posed. It is difficult to compare these studies<br />
because of inconsistency in the definition<br />
of domestic violence and in the parameters<br />
used, which can range from physical<br />
abuse alone, to physical, sexual and<br />
psychological abuse.<br />
Debate regarding the magnitude of the<br />
problem is also clouded by the fact that<br />
domestic violence is a crime that is underrecorded<br />
and under-reported. When<br />
women file a report or seek treatment,<br />
they may have to contend with police and<br />
health care officials who have not been<br />
trained to respond adequately or to keep<br />
consistent records. On the other hand,<br />
shame, fear of reprisal, lack of information<br />
about legal rights, lack of confidence in,<br />
or fear of, the legal system, and the legal<br />
costs involved make women reluctant to<br />
report incidents of violence.<br />
Physical abuse<br />
A growing body of research studies confirms<br />
the prevalence of physical violence<br />
in all parts of the globe, including the estimates<br />
of 20 to 50 per cent of women from<br />
country to country who have experienced<br />
domestic violence7. Statistics are grim no<br />
matter where in the world one looks. Data<br />
from industrialized and developing countries<br />
as well as from transitional countries<br />
(see Table 2) provide an overview of the<br />
global problem. The data in this table<br />
focus only on physical assault. There are<br />
few comparable statistics on psychological<br />
violence, sexual abuse, and murder of<br />
women at the hands of intimate partners<br />
and other family members. As already<br />
mentioned, physical violence is usually<br />
accompanied by psychological abuse, and<br />
in many cases by sexual assault.<br />
Sexual abuse and rape<br />
in intimate relationships<br />
Sexual abuse and rape by an intimate partner<br />
is not considered a crime in most countries,<br />
and women in many societies do not<br />
consider forced sex as rape if they are married<br />
to, or cohabiting with, the perpetrator.<br />
The assumption is that once a woman<br />
enters into a contract of marriage, the husband<br />
has the right to unlimited sexual<br />
access to his wife. Surveys in many countries<br />
reveal that approximately 10 to 15 per<br />
cent of women report being forced to have<br />
sex with their intimate partner.8<br />
Some countries have begun to legislate<br />
against marital rape. These include<br />
Australia, Austria, Barbados, Canada,<br />
Cyprus, Denmark, the Dominican<br />
Republic, Ecuador, Finland, France,<br />
Germany, Ireland, Mexico, Namibia, New<br />
Zealand, Norway, the Philippines, Poland,<br />
Russia, South Africa, Spain, Sweden,<br />
Trinidad &amp; Tobago, the United Kingdom<br />
and the United States of America.<br />
Although provision of such laws represents<br />
considerable progress, it is often difficult<br />
for a woman to press charges because of<br />
the evidential rules concerning the crime.<br />
Psychological<br />
and emotional abuse<br />
Because psychological violence is harder<br />
to capture in quantitative studies, a full<br />
picture of the deeper and more insidious<br />
levels of violence defies quantification.<br />
Victim-survivors report that ongoing psychological<br />
violence – emotional torture<br />
and living under terror – is often more<br />
unbearable than the physical brutality,<br />
with mental stress leading to a high incidence<br />
of suicide and suicide attempts. A<br />
close correlation between domestic violence<br />
and suicide has been established<br />
based on studies in the United States, Fiji,<br />
Papua New Guinea, Peru, India,<br />
Bangladesh and Sri Lanka. Suicide is 12<br />
times as likely to have been attempted by<br />
a woman who has been abused than by<br />
one who has not.9 In the United States, as<br />
many as 35 to 40 per cent of battered<br />
women attempt suicide.10 In Sri Lanka, the<br />
number of suicides by girls and women<br />
Innocenti Digest 6 – Domestic Violence<br />
4<br />
Main issues<br />
ly women may also experience abuse.<br />
While the impact of physical abuse<br />
may be more ‘visible’ than psychological<br />
scarring, repeated humiliation and insults,<br />
forced isolation, limitations on social<br />
mobility, constant threats of violence and<br />
injury, and denial of economic resources<br />
are more subtle and insidious forms of violence.<br />
The intangible nature of psychological<br />
abuse makes it harder to define and<br />
report, leaving the woman in a situation<br />
where she is often made to feel mentally<br />
destabilized and powerless.<br />
Jurists and human rights experts and<br />
activists have argued that the physical, sexual<br />
and psychological abuse, sometimes<br />
with fatal outcomes, inflicted on women is<br />
comparable to torture in both its nature and<br />
severity. It can be perpetrated intentionally,<br />
and committed for the specific purposes of<br />
punishment, intimidation, and control of<br />
the woman’s identity and behaviour. It takes<br />
place in situations where a woman may<br />
seem free to leave, but is held prisoner by<br />
fear of further violence against herself and<br />
her children, or by lack of resources, family,<br />
legal or community support.5<br />
MAGNITUDE OF THE PROBLEM<br />
<br />
Main issues<br />
5<br />
Innocenti Digest 6 – Domestic Violence<br />
Table 2 &#8211; Domestic Violence against Women<br />
Industrialized Countries<br />
Canada<br />
 29% of women (a nationally representative sample of 12,300 women) reported being physically assaulted by a current or former<br />
partner since the age of 16.<br />
Japan<br />
 59% of 796 women surveyed in 1993 reported being physically abused by their partner.<br />
New Zealand<br />
 20% of 314 women surveyed reported being hit or physically abused by a male partner.<br />
Switzerland<br />
 20% of 1,500 women reported being physically assaulted according to a 1997 survey.<br />
United Kingdom<br />
 25% of women (a random sample of women from one district) had been punched or slapped by a partner or ex-partner in their lifetime.<br />
United States<br />
 28% of women (a nationally representative sample of women) reported at least one episode of physical violence from their partner.<br />
Asia and the Pacific<br />
Cambodia<br />
 16% of women (a nationally representative sample of women) reported being physically abused by a spouse; 8% report being injured.<br />
India<br />
 Up to 45% of married men acknowledged physically abusing their wives, according to a 1996 survey of 6,902 men in the state of<br />
Uttar Pradesh.<br />
Korea<br />
 38% of wives reported being physically abused by their spouse, based on a survey of a random sample of women.<br />
Thailand<br />
 20% of husbands (a representative sample of 619 husbands) acknowledged physically abusing their wives at least once in their marriage.<br />
Middle East<br />
Egypt<br />
 35% of women (a nationally representative sample of women) reported being beaten by their husband at some point in their marriage.<br />
Israel<br />
 32% of women reported at least one episode of physical abuse by their partner and 30% report sexual coercion by their husbands in<br />
the previous year, according to a 1997 survey of 1,826 Arab women.<br />
Africa<br />
Kenya<br />
 42% of 612 women surveyed in one district reported having been beaten by a partner; of those 58% reported that they were beaten<br />
often or sometimes.<br />
Uganda<br />
 41% of women reported being beaten or physically harmed by a partner; 41% of men reported beating their partner (representative<br />
sample of women and their partners in two districts).<br />
Zimbabwe<br />
 32% of 966 women in one province reported physical abuse by a family or household member since the age of 16, according to a<br />
1996 survey.<br />
Latin America and the Caribbean<br />
Chile<br />
 26% of women (representative sample of women from Santiago) reported at least one episode of violence by a partner, 11%<br />
reported at least one episode of severe violence and 15% of women reported at least one episode of less severe violence.<br />
Colombia<br />
 19% of 6,097 women surveyed have been physically assaulted by their partner in their lifetime.<br />
Mexico<br />
 30% of 650 women surveyed in Guadalajara reported at least one episode of physical violence by a partner; 13% reported physical<br />
violence within the previous year, according to a 1997 report.<br />
Nicaragua<br />
 52% of women (representative sample of women in León) reported being physically abused by a partner at least once; 27% reported<br />
physical abuse in the previous year, according to a 1996 report.<br />
Central and Eastern Europe/CIS/Baltic States<br />
Estonia<br />
 29% of women aged 18-24 fear domestic violence, and the share rises with age, affecting 52% of women 65 or older, according to<br />
a 1994 survey of 2,315 women.<br />
Poland<br />
 60% of divorced women surveyed in 1993 by the Centre for the Examination of Public Opinion reported having been hit at least<br />
once by their ex-husbands; an additional 25% reported repeated violence.<br />
Russia (St. Petersburg)<br />
 25% of girls (and 11% of boys) reported unwanted sexual contact, according to a survey of 174 boys and 172 girls in grade 10 (aged 14-17).<br />
Tajikistan<br />
 23% of 550 women aged 18-40 reported physical abuse, according to a survey.<br />
(Adapted from “Violence Against Women,” WHO, FRH/WHD/97.8, “Women in Transition,” Regional Monitoring Report, UNICEF 1999, and a study by Domestic Violence Research Centre, Japan.)<br />
Innocenti Digest 6 – Domestic Violence<br />
6<br />
Main issues<br />
15-24 years old is 55 times greater than<br />
the number of deaths due to pregnancy<br />
and childbirth.11<br />
Femicide<br />
Femicide – murder of women by their batterers<br />
– is another phenomenon that<br />
should be regarded as a separate category<br />
when recording domestic violence. Studies<br />
carried out in Australia, Bangladesh,<br />
Canada, Kenya, Thailand and the United<br />
States of America have documented the<br />
incidence of femicide within the domestic<br />
sphere.12 In Southern Africa, women’s<br />
groups have begun to document the<br />
increasing incidence of femicide, and data<br />
on this issue are available from Botswana,<br />
South Africa, Swaziland, Zambia, and<br />
Zimbabwe.13 A comparative analysis of<br />
spousal homicide, based on 1991 data,<br />
concluded that Russian women are 2.5<br />
times more likely to be murdered by their<br />
partners than American women. However,<br />
American women are already twice as likely<br />
to be killed by their partners than<br />
women in Western European countries.14<br />
Sexual abuse of children<br />
and adolescents<br />
Considering the taboo in most countries<br />
that surrounds incest or the sexual abuse of<br />
children and adolescents within the family,<br />
this is one of the most invisible forms of<br />
violence. Because the crime is perpetrated<br />
most often by a father, stepfather, grandfather,<br />
brother, uncle, or another male relative<br />
in a position of trust, the rights of the<br />
child are usually sacrificed in order to protect<br />
the name of the family and that of the<br />
adult perpetrator. However, studies have<br />
shown that from 40 to 60 per cent of<br />
known sexual assaults within the family are<br />
committed against girls aged 15 years and<br />
younger, regardless of region or culture.15 A<br />
recent study in the Netherlands showed<br />
that 45 per cent of the victims of sexual violence<br />
within the domestic sphere are under<br />
the age of 18. Of these, girls are far more<br />
likely to be victims of incest than boys.16<br />
Forced prostitution<br />
Forced prostitution or other kinds of commercial<br />
exploitation by male partners or<br />
parents is another form of violence against<br />
women and children reported worldwide.<br />
Destitute families, unable to support their<br />
children, often hire out or sell their children,<br />
who may then be forced into prostitution.<br />
Very often the young girl is sent as<br />
a domestic worker, in which case she may<br />
be physically and sexually exploited by<br />
her employers. For example, in West<br />
Africa – from Senegal to Nigeria – tens of<br />
thousands of children of destitute families<br />
are reportedly sent to the Middle East<br />
each year, many of them ending up as<br />
prostitutes.17 In South Africa, child prostitution<br />
is on the rise and has become an<br />
increasingly organized activity. In certain<br />
hill districts of Nepal, prostitution has<br />
become an almost ‘traditional’ source of<br />
income. Women and girls are tricked or<br />
forced by their husbands and relatives<br />
into being trafficked to India for prostitution.<br />
In the poor rural areas of Thailand,<br />
where poverty has given rise to the phenomenon<br />
of debt bondage, it is believed<br />
that it is the daughter’s duty to sacrifice<br />
herself for the well-being of her family.<br />
Traffickers buy the “labour” of young<br />
women and girls in exchange for money.<br />
The high incidence of HIV/AIDS in the<br />
country has been attributed to this trafficking<br />
in young girls.18 In Northern<br />
Ghana and parts of Togo, girls are “donated”<br />
to priests, and are forced to live as<br />
“wives” and submit sexually to the shrine<br />
priests in return for protection for the<br />
family. A similar practice exists in southern<br />
India where young women and girls<br />
(devadasis) are “donated” to serve a temple;<br />
and very often end up being prostituted.<br />
Sex-selective abortions,<br />
female infanticide<br />
and differential access<br />
to food and medical care<br />
In societies where a higher value is placed<br />
on sons, discrimination towards female<br />
children can take extreme forms such as<br />
sex-selective abortions and female infanticide.<br />
In India, a recent survey reported<br />
10,000 cases of female infanticide annually.<br />
The figure does not take into account<br />
the number of abortions performed to<br />
prevent the birth of a child.19 An official<br />
survey in China revealed that, with its<br />
one-child policy, 12 per cent of all female<br />
embryos were aborted or otherwise unaccounted<br />
for.20 And in many countries the<br />
discrimination that leads to the neglect of<br />
girl children is the greatest cause of sickness<br />
and death among girls between the<br />
ages of two and five years.21 Girls in many<br />
developing countries receive less nourishment<br />
than boys, and they are more likely<br />
to suffer mental or physical disability or<br />
even die, as a result of poor nutrition. Less<br />
access to health care also exacerbates the<br />
much higher mortality rate among girls.<br />
Sex-selective abortion, female infanticide,<br />
and systematic differential access to<br />
food and medical care have led to the<br />
phenomenon known as the “missing millions”<br />
of women and girls. An estimated<br />
60 million women are simply missing<br />
from the population statistics. In other<br />
words there are 60 million fewer women<br />
alive in the world than should be expected<br />
on the basis of general demographic<br />
trends. The phenomenon is observed primarily<br />
in South Asia, North Africa, the<br />
Middle East and China.22<br />
Traditional and cultural<br />
practices affecting<br />
the health and lives<br />
of women<br />
Around the world, women and girls suffer<br />
the harmful and life-threatening effects of<br />
traditional and cultural practices that continue<br />
under the guise of cultural and social<br />
conformism and religious beliefs.<br />
Examples include:<br />
Female Genital Mutilation (FGM): It has<br />
been estimated that nearly 130 million<br />
women worldwide have undergone FGM<br />
and that approximately two million<br />
undergo the procedure every year. FGM<br />
Killing in the Name of Honour<br />
The issue of killings in the name of honour began to appear on the political agenda in<br />
Pakistan in 1999 as a result of growing pressure from NGOs, the media, activists, and<br />
UN agencies including UNICEF. On 21 April, 2000, at a National Convention on Human<br />
Rights and Human Dignity, General Pervez Musharraf, The Chief Executive of Pakistan<br />
announced that such killings would be treated as murder. “The Government of Pakistan,<br />
vigorously condemns the practice of so-called ‘honour killing’. Such actions do not find<br />
any place in our religion or law.” The killings continue, but steps are now being taken to<br />
address the issue.<br />
takes place in 28 countries in Africa (both<br />
eastern and western), in some regions in<br />
Asia and the Middle East, and in certain<br />
immigrant communities in North<br />
America, Europe and Australia. It can lead<br />
to death and infertility, and long-term<br />
psychological trauma combined with<br />
extreme physical suffering.<br />
Dowry-related violence: Even though India<br />
has legally abolished the institution of<br />
dowry, dowry-related violence is actually<br />
on the rise. More than 5,000 women are<br />
killed annually by their husbands and inlaws,<br />
who burn them in “accidental”<br />
kitchen fires if their ongoing demands for<br />
dowry before and after marriage are not<br />
met. An average of five women a day are<br />
burned, and many more cases go unreported.<br />
Deaths by kitchen fires are also on the<br />
rise, for example, in certain regions of<br />
Pakistan. The Human Rights Commission<br />
of Pakistan reports that at least four<br />
women are burned to death daily by husbands<br />
and family members as a result of<br />
domestic disputes.<br />
Acid attacks: Sulphuric acid has emerged<br />
as a cheap and easily accessible weapon to<br />
disfigure and sometimes kill women and<br />
girls for reasons as varied as family feuds,<br />
inability to meet dowry demands, and<br />
rejection of marriage proposals. In<br />
Bangladesh, it is estimated that there are<br />
over 200 acid attacks each year.<br />
Killing in the name of honour: In several<br />
countries in the world including, but not<br />
limited to, Bangladesh, Egypt, Jordan,<br />
Lebanon, Pakistan, and Turkey, women are<br />
killed in order to uphold the “honour” of<br />
the family. Any reason – alleged adultery,<br />
premarital relationships (with or without<br />
sexual relations), rape, falling in love with<br />
a person of whom the family disapproves –<br />
are all reason enough for a male member<br />
of the family to kill the woman concerned.<br />
In 1997, more than 300 women were victims<br />
of these so-called “honour” crimes in<br />
just one province of Pakistan. In Jordan,<br />
the official toll is rising and in reality the<br />
numbers are higher because many such<br />
murders are recorded as suicides or accidents.<br />
Victim-survivors of attempted murders<br />
are forced to remain in protective custody,<br />
knowing that leaving custody would<br />
result in death at the hands of the family.<br />
The penal codes in Jordan that govern<br />
crimes of honour also sanction killing by<br />
making the penalty disproportionately<br />
lenient, particularly if the crime is committed<br />
by boys under 18 years of age.<br />
Early marriages: Early marriage, with or<br />
without the consent of the girl, constitutes<br />
a form of violence as it undermines<br />
the health and autonomy of millions of<br />
young girls. The legal minimum age of<br />
marriage is usually lower for females than<br />
for males. In many countries, the minimum<br />
legal age for marriage with parental<br />
consent is considerably lower than without<br />
it; more than 50 countries allow marriage<br />
at 16 or below with parental consent.<br />
23 Early marriage leads to childhood/<br />
teenage pregnancy, and can expose<br />
the girl to HIV/AIDS and other sexually<br />
transmitted diseases. It is also associated<br />
with adverse health effects for her children,<br />
such as low birthweight.<br />
Furthermore, it has an adverse effect on<br />
the education and employment opportunities<br />
of girls.<br />
Main issues<br />
7<br />
Innocenti Digest 6 – Domestic Violence<br />
Table 3 &#8211; Factors That Perpetuate Domestic Violence<br />
Cultural  Gender-specific socialization<br />
 Cultural definitions of appropriate sex roles<br />
 Expectations of roles within relationships<br />
 Belief in the inherent superiority of males<br />
 Values that give men proprietary rights over women and girls<br />
 Notion of the family as the private sphere and under male control<br />
 Customs of marriage (bride price/dowry)<br />
 Acceptability of violence as a means to resolve conflict<br />
Economic  Women’s economic dependence on men<br />
 Limited access to cash and credit<br />
 Discriminatory laws regarding inheritance, property rights, use of<br />
communal lands, and maintenance after divorce or widowhood<br />
 Limited access to employment in formal and informal sectors<br />
 Limited access to education and training for women<br />
Legal  Lesser legal status of women either by written law and/or by practice<br />
 Laws regarding divorce, child custody, maintenance and inheritance<br />
 Legal definitions of rape and domestic abuse<br />
 Low levels of legal literacy among women<br />
 Insensitive treatment of women and girls by police and judiciary<br />
Political  Under-representation of women in power, politics, the media and in the<br />
legal and medical professions<br />
 Domestic violence not taken seriously<br />
 Notions of family being private and beyond control of the state<br />
 Risk of challenge to status quo/religious laws<br />
 Limited organization of women as a political force<br />
 Limited participation of women in organized political system<br />
(Source: Heise. 1994)<br />
CAUSES OF DOMESTIC VIOLENCE<br />
<br />
There is no one single factor to account<br />
for violence perpetrated against women.<br />
Increasingly, research has focused on the<br />
inter-relatedness of various factors that<br />
should improve our understanding of the<br />
problem within different cultural contexts.<br />
Several complex and interconnected<br />
institutionalized social and cultural factors<br />
have kept women particularly vulnerable<br />
to the violence directed at them, all of<br />
them manifestations of historically<br />
unequal power relations between men and<br />
women. Factors contributing to these<br />
unequal power relations include: socioeconomic<br />
forces, the family institution<br />
where power relations are enforced, fear of<br />
and control over female sexuality, belief in<br />
the inherent superiority of males, and legislation<br />
and cultural sanctions that have<br />
traditionally denied women and children<br />
an independent legal and social status.<br />
Lack of economic resources underpins<br />
women’s vulnerability to violence and<br />
their difficulty in extricating themselves<br />
Innocenti Digest 6 – Domestic Violence<br />
8<br />
Main issues<br />
from a violent relationship. The link<br />
between violence and lack of economic<br />
resources and dependence is circular. On<br />
the one hand, the threat and fear of violence<br />
keeps women from seeking employment,<br />
or, at best, compels them to accept<br />
low-paid, home-based exploitative labour.<br />
And on the other, without economic independence,<br />
women have no power to<br />
escape from an abusive relationship.24<br />
The reverse of this argument also holds<br />
true in some countries; that is, women’s<br />
increasing economic activity and independence<br />
is viewed as a threat which leads to<br />
increased male violence.25 This is particularly<br />
true when the male partner is unemployed,<br />
and feels his power undermined in<br />
the household.<br />
Studies have also linked a rise in violence<br />
to the destabilization of economic patterns<br />
in society. Macro-economic policies such as<br />
structural adjustment programmes, globalization,<br />
and the growing inequalities they<br />
have created, have been linked to increasing<br />
levels of violence in several regions, including<br />
Latin America, Africa and Asia.26 The<br />
transition period in the countries of Central<br />
and Eastern Europe and the former Soviet<br />
Union – with increases in poverty, unemployment,<br />
hardship, income inequality,<br />
stress, and alcohol abuse – has led to<br />
increased violence in society in general,<br />
including violence against women. These<br />
factors also act indirectly to raise women’s<br />
vulnerability by encouraging more risk-taking<br />
behaviour, more alcohol and drug abuse,<br />
the breakdown of social support networks,<br />
and the economic dependence of women on<br />
their partners.27<br />
Cultural ideologies – both in industrialized<br />
and developing countries – provide<br />
‘legitimacy’ for violence against women in<br />
certain circumstances. Religious and historical<br />
traditions in the past have sanctioned<br />
the chastising and beating of wives.<br />
The physical punishment of wives has been<br />
particularly sanctioned under the notion of<br />
entitlement and ownership of women.<br />
Male control of family wealth inevitably<br />
places decision-making authority in male<br />
hands, leading to male dominance and proprietary<br />
rights over women and girls.<br />
The concept of ownership, in turn,<br />
legitimizes control over women’s sexuality,<br />
which in many law codes has been<br />
deemed essential to ensure patrilineal<br />
inheritance. Women’s sexuality is also tied<br />
to the concept of family honour in many<br />
societies. Traditional norms in these societies<br />
allow the killing of ‘errant’ daughters,<br />
sisters and wives suspected of defiling the<br />
honour of the family by indulging in forbidden<br />
sex, or marrying and divorcing<br />
without the consent of the family. By the<br />
same logic, the honour of a rival ethnic<br />
group or society can be defiled by acts of<br />
sexual violence against its women.<br />
Experiences during childhood, such as<br />
witnessing domestic violence and experiencing<br />
physical and sexual abuse, have<br />
been identified as factors that put children<br />
at risk. Violence may be learnt as a means<br />
of resolving conflict and asserting manhood<br />
by children who have witnessed<br />
such patterns of conflict resolution.<br />
Excessive consumption of alcohol and<br />
other drugs has also been noted as a factor<br />
in provoking aggressive and violent male<br />
behaviour towards women and children.<br />
A survey of domestic violence in Moscow<br />
revealed that half the cases of physical<br />
abuse are associated with the husband’s<br />
excessive alcohol consumption.28<br />
The isolation of women in their families<br />
and communities is known to contribute<br />
to increased violence, particularly<br />
if those women have little access to family<br />
or local organizations. On the other hand,<br />
women’s participation in social networks<br />
has been noted as a critical factor in lessening<br />
their vulnerability to violence and in<br />
their ability to resolve domestic violence.<br />
These networks could be informal (family<br />
and neighbours) or formal (community<br />
organizations, women’s self-help groups,<br />
or affiliated to political parties).29<br />
Lack of legal protection, particularly<br />
within the sanctity of the home, is a<br />
strong factor in perpetuating violence<br />
against women. Until recently, the public/<br />
private distinction that has ruled most<br />
legal systems has been a major obstacle to<br />
women’s rights. Increasingly, however,<br />
States are seen as responsible for protecting<br />
the rights of women even in connection<br />
with offences committed within the<br />
home. In many countries violence against<br />
women is exacerbated by legislation, law<br />
enforcement and judicial systems that do<br />
not recognize domestic violence as a<br />
crime. The challenge is to end impunity<br />
for the perpetrators as one means of preventing<br />
future abuse.<br />
Investigations by Human Rights<br />
Watch have found that in cases of domestic<br />
violence, law enforcement officials frequently<br />
reinforce the batterers’ attempts<br />
to control and demean their victims. Even<br />
though several countries now have laws<br />
that condemn domestic violence, “when<br />
committed against a woman in an intimate<br />
relationship, these attacks are more often<br />
tolerated as the norm than prosecuted as<br />
laws&#8230;.In many places, those who commit<br />
domestic violence are prosecuted less vigorously<br />
and punished more leniently than<br />
perpetrators of similarly violent crimes<br />
against strangers.”30<br />
CONSEQUENCES<br />
<br />
Denial of<br />
fundamental rights<br />
Perhaps the most crucial consequence of<br />
violence against women and girls is the<br />
denial of fundamental human rights to<br />
women and girls. International human<br />
rights instruments such as the Universal<br />
Declaration of Human Rights (UDHR),<br />
adopted in 1948, the Convention on the<br />
Elimination of All Forms of Discrimination<br />
Against Women (CEDAW), adopted in<br />
1979, and the Convention on the Rights of<br />
the Child (CRC), adopted in 1989, affirm<br />
the principles of fundamental rights and<br />
freedoms of every human being. Both<br />
CEDAW and the CRC are guided by a<br />
broad concept of human rights that<br />
stretches beyond civil and political rights<br />
to the core issues of economic survival,<br />
health, and education that affect the quality<br />
of daily life for most women and children.<br />
The two Conventions call for the<br />
right to protection from gender-based<br />
abuse and neglect.<br />
The strength of these treaties rests on<br />
an international consensus, and the<br />
assumption that all practices that harm<br />
women and girls, no matter how deeply<br />
they are embedded in culture, must be<br />
eradicated. Legally binding under international<br />
law for governments that have ratified<br />
them, these treaties oblige governments<br />
not only to protect women from<br />
crimes of violence, but also to investigate<br />
violations when they occur and to bring<br />
the perpetrators to justice.31<br />
Human development goals<br />
undermined<br />
There is a growing recognition that countries<br />
cannot reach their full potential as<br />
long as women’s potential to participate<br />
fully in their society is denied. Data on the<br />
social, economic and health costs of violence<br />
leave no doubt that violence against<br />
women undermines progress towards<br />
human and economic development.<br />
Women’s participation has become key in<br />
all social development programmes, be<br />
they environmental, for poverty alleviation,<br />
or for good governance. By hampering<br />
the full involvement and participation<br />
of women, countries are eroding the<br />
human capital of half their populations.<br />
True indicators of a country’s commitment<br />
to gender equality lie in its actions to eliminate<br />
violence against women in all its<br />
forms and in all areas of life.<br />
Health consequences<br />
Domestic violence against women leads to<br />
far-reaching physical and psychological<br />
consequences, some with fatal outcomes<br />
(see Table 4). While physical injury represents<br />
only a part of the negative health<br />
impacts on women, it is among the more<br />
visible forms of violence. The United<br />
States Department of Justice has reported<br />
that 37 per cent of all women who sought<br />
medical care in hospital emergency rooms<br />
for violence-related injuries were injured by<br />
a current or former spouse or partner.32<br />
Assaults result in injuries ranging from<br />
bruises and fractures to chronic disabilities<br />
such as partial or total loss of hearing or<br />
vision, and burns may lead to disfigurement.<br />
The medical complications resulting<br />
from FGM can range from haemorrhage<br />
and sterility to severe psychological trauma.<br />
Studies in many countries have shown<br />
high levels of violence during pregnancy<br />
resulting in risk to the health of both the<br />
mother and the unborn foetus. In the worst<br />
cases, all of these examples of domestic violence<br />
can result in the death of the woman<br />
– murdered by her current or ex-partner.<br />
Sexual assaults and rape can lead to<br />
unwanted pregnancies, and the dangerous<br />
complications that follow from resorting<br />
to illegal abortions. Girls who have been<br />
sexually abused in their childhood are<br />
more likely to engage in risky behaviour<br />
such as early sexual intercourse, and are at<br />
greater risk of unwanted and early pregnancies.<br />
33 Women in violent situations are<br />
less able to use contraception or negotiate<br />
safer sex, and therefore run a high risk of<br />
contracting sexually transmitted diseases<br />
and HIV/AIDS.34<br />
The impact of violence on women’s<br />
mental health leads to severe and fatal<br />
consequences. Battered women have a<br />
high incidence of stress and stress-related<br />
illnesses such as post-traumatic stress syndrome,<br />
panic attacks, depression, sleeping<br />
and eating disturbances, elevated blood<br />
pressure, alcoholism, drug abuse, and low<br />
self-esteem. For some women, fatally<br />
depressed and demeaned by their abuser,<br />
there seems to be no escape from a violent<br />
relationship except suicide.<br />
Impact on children<br />
Children who have witnessed domestic<br />
violence or have themselves been abused,<br />
exhibit health and behaviour problems,<br />
including problems with their weight,<br />
their eating and their sleep.39 They may<br />
have difficulty at school and find it hard<br />
to develop close and positive friendships.<br />
They may try to run away or even display<br />
suicidal tendencies.<br />
Main issues<br />
9<br />
Innocenti Digest 6 – Domestic Violence<br />
Table 4 &#8211; Health Consequences<br />
of Violence Against Women<br />
NON-FATAL OUTCOMES<br />
Physical health outcomes:<br />
 Injury (from lacerations to fractures<br />
and internal organs injury)<br />
 Unwanted pregnancy<br />
 Gynaecological problems<br />
 STDs including HIV/AIDS<br />
 Miscarriage<br />
 Pelvic inflammatory disease<br />
 Chronic pelvic pain<br />
 Headaches<br />
 Permanent disabilities<br />
 Asthma<br />
 Irritable bowel syndrome<br />
 Self-injurious behaviours<br />
(smoking, unprotected sex)<br />
Mental health outcomes:<br />
 Depression<br />
 Fear<br />
 Anxiety<br />
 Low self-esteem<br />
 Sexual dysfunction<br />
 Eating problems<br />
 Obsessive-compulsive disorder<br />
 Post traumatic stress disorder<br />
FATAL OUTCOMES<br />
 Suicide<br />
 Homicide<br />
 Maternal mortality<br />
 HIV/AIDS<br />
(Source: “Violence against Women”, WHO<br />
Consultation, 1996)<br />
Domestic Violence and HIV/AIDS<br />
Nearly 14 million women today are infected with HIV and the rate of female infection is<br />
rising. A forthcoming study from WHO finds that the greatest risk of HIV infection for many<br />
women comes from a regular partner, and is heightened by an unequal relationship that<br />
makes it difficult, if not impossible, to negotiate safe sex. For these women, sex is not a<br />
matter of choice.35<br />
A study of women aged 18 and over in one province in Zimbabwe found that 26 per cent<br />
of married women reported being forced to have sex when they did not want to. It is widely<br />
acknowledged that, even when a woman is aware that her partner has other sexual partners,<br />
or is HIV infected, she may not be in a position to insist on condom use or monogamy. Most<br />
HIV/AIDS prevention programmes, however, advocate both methods. Many women would<br />
feel that any attempt to discuss such measures would provoke yet more violence.36<br />
Other studies have found that the spread of HIV/AIDS in some parts of Africa is being<br />
exacerbated by practices that see women as the ‘property’ of men. The tradition of wife or<br />
widow inheritance, for example, is fairly common in eastern and southern Africa. When a<br />
woman’s husband dies, his wife and property are often inherited by his eldest brother. In<br />
western Kenya women have been forced to marry, even when their husbands have died of<br />
AIDS, when they themselves are infected, or when their future husband has AIDS. There are<br />
no laws to address this practice in Kenya.37<br />
Sexual cleansing is a more recent phenomena, resulting from, and contributing to, the<br />
spread of HIV/AIDS. Practised within extended families in western Kenya, Zimbabwe and<br />
parts of Ghana, it is based on the belief that a man can be cured of HIV/AIDS if he has sex<br />
with a young girl who is a virgin. Girls as young as eight are selected to ensure their purity.38<br />
A new approach is required that acknowledges the links between violence against<br />
women and the spread of HIV/AIDS, and translates this into policies and programmes for<br />
HIV prevention and care.<br />
(continued on page 12)<br />
Domestic violence, whether it is perpetrated<br />
by private or state actors, constitutes a violation<br />
of human rights. It is the duty of states<br />
to ensure that there is no impunity for the<br />
perpetrators of such violence. Often state<br />
policies and inaction perpetuate or condone<br />
such violence within the domestic sphere.<br />
States have a double duty under international<br />
human rights law. They are not only<br />
required not to commit human rights violations,<br />
but also to prevent and respond to<br />
human rights abuses.<br />
In the past, human rights protection was<br />
interpreted narrowly – state inaction to prevent<br />
and punish violations was not viewed as<br />
a failure in its duty to protect human rights.<br />
The concept of state responsibility has now<br />
developed to recognize that states also have<br />
an obligation to take preventive and punitive<br />
steps where rights violations by private<br />
actors occur.<br />
International<br />
legal standards<br />
Three doctrines, developed by human rights<br />
scholars and activists, have to be taken into<br />
account when dealing with the issue of violence<br />
against women by private actors. The<br />
first is that states have a responsibility to<br />
exercise due diligence to prevent, investigate<br />
and punish international law violations<br />
and pay just compensation.<br />
Due diligence<br />
In 1992, the Committee on the<br />
Elimination of Discrimination Against<br />
Women (CEDAW) adopted General<br />
Recommendation 19, in which it confirmed<br />
that violence against women constitutes a<br />
violation of human rights and emphasizes<br />
that “States may also be responsible for private<br />
acts if they fail to act with due diligence<br />
to prevent violations of rights or to investigate<br />
and punish acts of violence, and for providing<br />
compensation”.1 The Committee<br />
made recommendations on measures states<br />
should take to provide effective protection of<br />
women against violence, including:<br />
(1) effective legal measures, including penal<br />
sanctions, civil remedies and compensatory<br />
provisions to protect women against all<br />
kinds of violence, including violence and<br />
abuse in the family, sexual assault and sexual<br />
harassment in the workplace;<br />
(2) preventive measures, including public<br />
information and education programmes to<br />
change attitudes concerning the roles and<br />
status of men and women;<br />
(3) protective measures, including refuges,<br />
counselling, rehabilitation action and support<br />
services for women who are experiencing<br />
violence or who are at risk of violence.<br />
The United Nations Declaration on the<br />
Elimination of Violence Against Women<br />
also calls on States to “pursue by all appropriate<br />
means and without delay a policy of<br />
eliminating violence against women” and,<br />
further to “exercise due diligence to prevent,<br />
investigate and, in accordance with national<br />
legislation, punish acts of violence against<br />
women, whether those acts are perpetrated<br />
by the State or by private persons”.2<br />
The concept of due diligence has been<br />
taken forward by the judgement of the Inter-<br />
American Court of Human Rights in the<br />
case of Velásquez Rodríguez. The Court<br />
required the government to “take reasonable<br />
steps to prevent human rights violations and<br />
to use the means at its disposal to carry out<br />
a serious investigation of violations committed<br />
within this jurisdiction, to identify those<br />
responsible, to impose the appropriate punishment<br />
and to ensure the victim adequate<br />
compensation”.3<br />
Thus, the existence of a legal system<br />
criminalizing and providing sanctions for<br />
domestic assault would not in itself be sufficient;<br />
the government would have to perform<br />
its functions to “effectively ensure” that<br />
incidents of family violence are actually<br />
investigated and punished.4<br />
Equal protection of the law<br />
This doctrine is related to the concept of<br />
equality and equal protection. If it can be<br />
shown that law enforcement discriminates<br />
against the victims in cases involving violence<br />
against women, then the State may be<br />
held liable for violating international human<br />
rights standards of equality.<br />
The Convention on the Elimination of<br />
All Forms of Discrimination Against<br />
Women, in Article 2, requires State parties<br />
to “pursue by all appropriate means and<br />
without delay a policy of eliminating discrimination<br />
against women”, which includes<br />
the duty to “refrain from engaging in any act<br />
or practice of discrimination against women<br />
and to ensure that public authorities and<br />
institutions shall act in conformity with this<br />
obligation” and “to take all appropriate measures,<br />
including legislation, to modify or<br />
abolish existing laws, regulations, customs<br />
and practices which constitute discrimination<br />
against women”.<br />
Domestic violence as torture<br />
This school of thought argues that<br />
domestic violence is a form of torture and<br />
should be dealt with accordingly. The argument<br />
is that, depending on the severity and<br />
the circumstances giving rise to state<br />
responsibility, domestic violence can constitute<br />
torture or cruel, inhuman and degrading<br />
treatment or punishment under the<br />
International Covenant on Civil and<br />
Political Rights, and the Convention<br />
Against Torture and Other Cruel, Inhuman<br />
or Degrading Treatment or Punishment.<br />
It is argued that domestic violence<br />
involves the very four critical elements that<br />
constitute torture: (a) it causes severe physical<br />
and or mental pain, it is (b) intentionally<br />
inflicted, (c) for specified purposes and (d)<br />
with some form of official involvement,<br />
whether active or passive.<br />
Proponents of this argument call for<br />
domestic violence to be understood and<br />
treated as a form of torture and, when less<br />
severe, ill-treatment. This argument deserves<br />
consideration by the rapporteurs and treaty<br />
bodies that investigate these violations,<br />
together perhaps with appropriate NGO<br />
experts and jurists.<br />
Responses to combat<br />
domestic violence<br />
Today, many States recognize the importance<br />
of protecting women from abuse and<br />
punishing the perpetrators of the crimes.<br />
One of the major questions facing law<br />
reformers is whether to ‘criminalize’ wife<br />
battery. There is a sense that domestic violence<br />
is a crime between those who are<br />
COMBATING DOMESTIC VIOLENCE:<br />
OBLIGATIONS OF THE STATE<br />
by Radhika Coomaraswamy<br />
United Nations Special Rapporteur on Violence Against Women*<br />
<br />
Innocenti Digest 6 – Domestic Violence<br />
10<br />
Discussion site<br />
linked by bonds of intimacy. The question<br />
of intimacy, i.e. whether wife-battering<br />
should be treated as an ordinary crime or<br />
whether there should be an emphasis on<br />
counselling and mediation, poses a major<br />
dilemma for policy makers.<br />
Criminalization<br />
Advocates of the criminal justice<br />
approach point to the symbolic power of<br />
the law and argue that arrest, prosecution<br />
and conviction, with punishment, is a<br />
process that carries the clear condemnation<br />
of society for the conduct of the abuser and<br />
acknowledges his personal responsibility<br />
for the activity. Research conducted by the<br />
Minneapolis Police Department has shown<br />
that 19 per cent of those involved in mediation<br />
and 24 per cent of those ordered to<br />
leave their matrimonial homes repeated the<br />
assault, but only 10 per cent of those who<br />
were arrested indulged in further violence.5<br />
It is, however, critical that those involved<br />
in policy making in this area take into<br />
account the cultural, economic and political<br />
realities of their countries. Any policy<br />
which fails to acknowledge the singular<br />
nature of these crimes and which is unaccompanied<br />
by attempts to provide support<br />
for the victim-survivor and help for the<br />
abuser is doomed to fail.<br />
Legislation<br />
Legislation with regard to domestic violence<br />
is a modern phenomenon. There is an<br />
increasing belief that special laws should be<br />
drafted, having special remedies and procedures.<br />
The first problem that arises with<br />
regard to legislation is to allow for prosecution<br />
of men who beat their spouses even if<br />
the latter, under pressure, want to withdraw<br />
their claims. In response some countries<br />
have instructed police and prosecutors to<br />
proceed with cases even in situations where<br />
women indicated that they would rather<br />
not proceed.6 In addition, since the spouse<br />
will be the main witness, some jurisdictions<br />
have introduced legislation making the<br />
woman a “compellable witness” except in<br />
certain situations. Other countries, such as<br />
the United States, are moving towards<br />
advocacy support.<br />
Quasi-criminal remedies are also being<br />
utilized by several countries. The most<br />
important of these are the “protection” or<br />
“bound over” orders. These are procedures<br />
by which a person can complain to a magistrate<br />
or a justice that violence has taken<br />
place and the violent party is then “bound<br />
over” to keep the peace or be of good behaviour.<br />
The standard of proof is lower than<br />
with strictly criminal proceedings and this<br />
may provide some women with appropriate<br />
relief, with a court order obtainable on the<br />
balance of probabilities. Breach of the order<br />
is a criminal offence and the police may<br />
arrest, without a warrant, a person who has<br />
contravened a protection order.<br />
Civil law remedies, such as an injunction<br />
which is used to support a primary cause of<br />
action such as divorce, nullity or judicial<br />
separation, can also be utilized. Some jurisdictions<br />
have enacted legislation removing<br />
the requirement of applying for principle<br />
relief and allowing the woman to apply for<br />
injunctive relief independently of any other<br />
legal action.7 Another civil remedy which is<br />
available in certain states in the USA is an<br />
action in tort claiming damages from the<br />
marital partner.8<br />
Police action<br />
In most jurisdictions the power of the<br />
police to enter private premises is limited.<br />
In the context of domestic violence this can<br />
protect the violent man at the expense of<br />
the woman. Some legislations allow the<br />
police to enter if requested to do so by a<br />
person who apparently resides on the<br />
premises or where the officer has reason to<br />
believe that a person on the premises is<br />
under attack or imminent attack.9 In many<br />
cases of domestic violence, immediate<br />
release of the offender on bail may be dangerous<br />
for the woman and, certainly,<br />
release without prior warning may have<br />
serious consequences for her. A number of<br />
Australian jurisdictions attempt to strike a<br />
balance between the interests of the<br />
offender and the woman by specifying conditions<br />
designed to protect her to be<br />
attached to the release of the offender.10<br />
Training and community<br />
support services<br />
Most police, prosecutors, magistrates,<br />
judges and doctors adhere to traditional values<br />
that support the family as an institution<br />
and the dominance of the male party within<br />
it. It is therefore necessary to train law<br />
enforcers and medical and legal professionals<br />
who come in contact with those experiencing<br />
violence to understand gender violence,<br />
to appreciate the trauma of those suffering<br />
and to take proper evidence for criminal<br />
proceedings. Professionals in law and<br />
medicine are often resistant to this type of<br />
training and to learning from anyone outside<br />
their speciality. It would therefore be<br />
more effective to involve other professionals<br />
in the training programme.<br />
The nature of the crime of domestic violence<br />
requires the intervention of the community<br />
to assist and support victim-survivors.<br />
Community workers should be<br />
trained to give them information on the law<br />
and law enforcement, available financial and<br />
other support offered by the State, the procedures<br />
for obtaining such assistance, etc.<br />
Community workers can also play an important<br />
role in identifying violence, raising<br />
awareness about such issues and directing<br />
survivors to the correct procedures for seeking<br />
redress.<br />
Any relief given to domestic violence<br />
victims should also include counselling for<br />
both the battered and the batterers. These<br />
programmes can even serve as alternative<br />
sentencing options especially in cases where<br />
women prefer that their partners “get help”<br />
rather than be punished. In order to be<br />
effective, all these approaches should utilize<br />
formal and informal methods of education<br />
and dissemination of information.<br />
Cooperation at all levels<br />
Overwhelmingly, governments lack the<br />
necessary expertise to develop and implement<br />
policy relating to violence against<br />
women. Therefore, a more cooperative relationship<br />
between governments and civil<br />
society should be built to combat violence<br />
against women.<br />
An integrated, multidisciplinary approach<br />
with lawyers, psychologists, social workers,<br />
doctors and others working together to gain<br />
a holistic understanding of each particular<br />
case and the needs of the individual is the<br />
best option. Giving attention to the real-life<br />
context of the battered woman, her hopelessness,<br />
dependency, restricted options, and<br />
her consequent need for empowerment,<br />
should underpin every approach. The goal is<br />
to work with her to develop her capacity to<br />
decide her own future.<br />
*The Special Rapporteur on Violence Against<br />
Women was appointed by the United Nations<br />
Commission on Human Rights in 1994 with a<br />
mandate to: seek and receive information from<br />
governments, organizations and individuals on<br />
violence against women; recommend measures to<br />
eliminate such violence and remedy its consequences;<br />
and carry out field visits.<br />
1 Committee on the Elimination of Violence<br />
Against Women, Eleventh Session, General<br />
Recommendation 19, Official Records of the<br />
General Assembly, Forty-seventh Session,<br />
Supplement No. 38 (A/47/38), Ch.1.<br />
2 General Assembly Resolution 48/104 of 20<br />
December 1993, Article 4.<br />
3 Veláquez Rodríguez Case (Honduras), 4 Inter.<br />
Am. Ct. HR, Ser. C, No.4, 1988, para 174.<br />
4 Ibid, para 167.<br />
5 Minneapolis Domestic Violence Experiment.<br />
6 Confronting Violence: A Manual for Commonwealth<br />
Action, Women and Development<br />
Programme, Human Resource Development<br />
Group, Commonwealth Secretariat, London,<br />
June 1992.<br />
7 Australia, Family Law Act, 1975, Sections 114,<br />
70 C’ Hong Kong, Domestic Violence Order,<br />
1986; Matrimonial Causes Act, 1989, section 10.<br />
8 “Developments in the law- Legal responses to<br />
domestic violence”,106 Harvard Law Review,<br />
1993, p.1531.<br />
9 Justices Act, 1959 (Tas) section 106F; Crimes<br />
Act 1900 (NSW), section 349A.<br />
10 Bail Act 1978 (NSW) section 37; Bail Act 1980<br />
(Qld); Bail Act 1985 (SA) section 11.<br />
Discussion site<br />
11<br />
Innocenti Digest 6 – Domestic Violence<br />
Innocenti Digest 6 – Domestic Violence<br />
12<br />
Main issues<br />
Witnessing and experiencing violence as<br />
a child can also result in internalizing violence<br />
as a form of conflict resolution. Girls<br />
who witness their mother being abused may<br />
*The Bank estimates count every year lost due to premature death as one disability-adjusted life year (DALY), and every year spent sick or incapacitated as a fraction of a<br />
DALY, with the value depending on the severity of disability.<br />
CALCULATING THE SOCIO-ECONOMIC COSTS OF VIOLENCE<br />
<br />
be more likely to accept violence as the<br />
norm in a marriage than those who come<br />
from non-violent homes. While many children<br />
from violent homes do not grow up to<br />
be violent, those who have witnessed violence<br />
in childhood are more likely to<br />
become adults who engage in violent behaviour<br />
both inside and outside the home.<br />
Violence in the Home Undermines Child Survival<br />
A study in León, Nicaragua reports that children of women who were physically and sexually abused by their partners were six times<br />
more likely than other children to die before the age of five.40 Similarly, children of beaten women were more likely than other children to<br />
be malnourished and to have had a recent episode of diarrhoea, and less likely to have received oral rehydration therapy or be<br />
immunized (see Figure 1). The study was carefully controlled to exclude other possible factors affecting infant and child survival.<br />
A study in the Indian states of Tamil Nadu and Uttar Pradesh also found that women who had been beaten were significantly more<br />
likely than non-abused women to have had a pregnancy loss from abortion, miscarriage, or stillbirth, or to have lost an infant. The study<br />
controlled for other influences on infant<br />
mortality such as mother&#8217;s education, age, and<br />
parity.41 In rural Karnataka, India, a study found<br />
that children of mothers who were beaten<br />
received less food than other children did,<br />
suggesting that these women could not<br />
bargain with their husbands on their children&#8217;s<br />
behalf.42<br />
While the exact manner in which violence<br />
against women affects child survival is not<br />
known, one possible explanation is that<br />
children of mothers who are abused are more<br />
likely to be born underweight, and thus carry a<br />
higher risk factor of dying in infancy or<br />
childhood. Another explanation is that women<br />
in abusive relationships suffer from lower selfesteem,<br />
weaker bargaining position, less access<br />
to food and resources, and are therefore less<br />
able to care for their children.43<br />
Figure 1 &#8211; Domestic Violence and Child Health, Nicaragua<br />
Infant mortality Under-5<br />
mortality<br />
Diarrhoea Malnutrition % children<br />
immunized<br />
Mother experiencing<br />
violence<br />
Mother not<br />
experiencing violence<br />
All differences significant<br />
at the level of p&lt;.05;<br />
Source: Rosales Ortiz 1999;<br />
cited in Heise (1999).44 0<br />
10<br />
20<br />
30<br />
40<br />
50<br />
60<br />
70<br />
80<br />
Calculating the costs of violence is a strategic<br />
intervention to make policy-makers<br />
more aware about the importance and<br />
effectiveness of prevention. Studies carried<br />
out in Canada, the United States,<br />
Switzerland, the United Kingdom, and<br />
Australia calculate costs using different<br />
parameters.45 The Canadian study, which<br />
estimated the costs of violence against<br />
women in the larger context of violence<br />
both within and outside the home, concluded<br />
that the state spends over CDN$1<br />
billion annually on services, including<br />
police, criminal justice system, counselling,<br />
and training.46 For the United States,<br />
according to one study, cost estimates<br />
range between US$5 and US$10 billion<br />
annually.47These studies, it should be noted,<br />
refer only to direct service-related costs and<br />
do not address the human costs of violence.<br />
In 1993, the World Bank estimated<br />
that in industrialized countries health<br />
costs for domestic violence and rape<br />
accounted for nearly one in five disabilityadjusted<br />
life years* lost to women age 15<br />
to 44.48 The health costs of domestic violence<br />
and rape are the same in industrialized<br />
and developing countries, but<br />
because the overall burden of disease is<br />
much higher in developing countries, a<br />
smaller percentage is attributed to genderbased<br />
victimization. In developing countries,<br />
depending on the region, estimates<br />
range from 5 to 16 per cent of healthy<br />
years lost to women of reproductive age<br />
as a result of domestic violence. 49<br />
The Inter-American Development Bank<br />
(IDB) has recently carried out studies in six<br />
countries in Latin America – Brazil,<br />
Colombia, El Salvador, Mexico, Peru and<br />
Venezuela – taking a more holistic look at<br />
the socio-economic cost of domestic violence.<br />
50 For analytical purposes, the IDB<br />
has divided the costs of domestic and<br />
social violence into four categories using<br />
the following framework (see Table 5)51:<br />
(i) Direct costs take into account expenditures<br />
on psychological counselling and<br />
medical treatment (emergency room care,<br />
hospitalizations, care in clinics and doctors’<br />
offices, treatment for sexually transmitted<br />
diseases); police services including<br />
time spent on arrests and responding to<br />
calls; costs imposed on the criminal justice<br />
system (prison and detention, prosecution<br />
and court cases); housing and shelters for<br />
women and their children; and social services<br />
(prevention and advocacy programmes,<br />
job training, and training for<br />
police, doctors, the judiciary and the<br />
media).<br />
(ii) Non-monetary costs that do not draw<br />
upon medical services, but in themselves<br />
take a heavy toll on the victim-survivors<br />
by way of increased morbidity and mortality<br />
through homicide and suicide,<br />
increased dependence on drugs and alcohol<br />
and other depressive disorders. These<br />
are the intangible costs that are comparable,<br />
according to World Bank estimates, to<br />
other risk factors and diseases such as<br />
HIV/AIDS, tuberculosis, cancer, cardiovascular<br />
disease, and sepsis during childbirth.<br />
(iii) Economic multiplier effects include,<br />
for example, decreased female labour participation<br />
and reduced productivity at<br />
work, and lower earnings. In the United<br />
States, it has been reported that 30 per<br />
cent of abused women lost their jobs as a<br />
direct result of the abuse.52 A study in<br />
Santiago, Chile estimates that women<br />
who do not suffer physical violence earn<br />
an average of US$385 per month while<br />
women who face severe physical violence<br />
at home earn only US$150 – in other<br />
words, less than half the earnings of other<br />
women.53 The study also focuses on the<br />
macro-economic impact as a result of loss<br />
of women’s earnings.<br />
Another effect under this category is<br />
the potential impact of domestic violence<br />
on the future capacity of children to obtain<br />
adequate employment. Apart from the loss<br />
of human capital, there are direct costs on<br />
the school system as children from violent<br />
homes may perform badly and have to<br />
repeat grades. According to an IDB study<br />
in Nicaragua, 63 per cent of children from<br />
families in which women are subjected to<br />
domestic violence repeat a grade at school,<br />
and on average drop out at age 9, compared<br />
with age 12 for children of women<br />
who are not victims of severe abuse.54<br />
(iv) Social multiplier effects include the<br />
inter-generational impact of violence on<br />
children, erosion of social capital, reduced<br />
quality of life and reduced participation in<br />
democratic processes. These effects are difficult<br />
to measure quantitatively, but their<br />
impact is substantial in terms of a country’s<br />
social and economic development.<br />
It is clear that all sectors of society are<br />
deeply affected by, and bear the consequences<br />
of, violence against women. More<br />
studies need to be carried out in both<br />
developing and industrialized countries to<br />
estimate the costs of domestic violence in<br />
order to advocate for national policies to<br />
eradicate this largely preventable crime.<br />
A major knowledge gap also exists on<br />
the cost-effectiveness of interventions for<br />
domestic violence.55 This is an important<br />
area of research that would provide guidance<br />
on effective, workable and replicable<br />
programmes, and thereby help channel<br />
resources and energy in the right direction.<br />
Main issues<br />
13<br />
Innocenti Digest 6 – Domestic Violence<br />
Table 5 &#8211; The Socio-Economic Costs of Violence: a Typology<br />
(Source: Buvinic et al, 1999)<br />
 Medical<br />
 Police<br />
 Criminal justice system<br />
 Housing<br />
 Social services<br />
 Increased morbidity<br />
 Increased mortality via homicide and suicide<br />
 Abuse of alcohol and drugs<br />
 Depressive disorders<br />
 Decreased labour market participation<br />
 Reduced productivity on the job<br />
 Lower earnings<br />
 Increased absenteeism<br />
 Intergenerational productivity impacts via grade<br />
repetition and lower education attainment of children<br />
 Decreased investment and saving<br />
 Capital flight<br />
 Intergenerational transmission of violence<br />
 Reduced quality of life<br />
 Erosion of social capital<br />
 Reduced participation in democratic process<br />
Direct costs: value of goods<br />
and services used in treating<br />
or preventing violence<br />
Non-monetary costs:<br />
pain and suffering<br />
Economic multiplier effects:<br />
macro-economic, labour<br />
market, inter-generational<br />
productivity impacts<br />
Social multiplier effects:<br />
impact on interpersonal<br />
relations and quality of life<br />
STRATEGIES AND INTERVENTIONS:<br />
AN INTEGRATED APPROACH<br />
<br />
Domestic violence is a complex problem<br />
and there is no one strategy that will<br />
work in all situations. To begin with, violence<br />
may take place within very different<br />
societal contexts, and the degree to<br />
which it is sanctioned by a community<br />
will naturally influence the kind of strategy<br />
needed.<br />
Considering the interconnections<br />
between the factors responsible for<br />
domestic violence – gender dynamics of<br />
power, culture and economics – strategies<br />
and interventions should be designed<br />
within a comprehensive and integrated<br />
framework. A multi-layered strategy that<br />
addresses the structural causes of violence<br />
against women while providing immediate<br />
services to victim-survivors ensures<br />
sustainability and is the only strategy that<br />
has the potential to eliminate this scourge.<br />
When planning strategies and interventions,<br />
there are a variety of stakeholders<br />
that should be borne in mind.<br />
Partnerships with these stakeholders can<br />
operate on several levels at once.<br />
 At the level of the family, the<br />
stakeholders include women, men,<br />
adolescents and children.<br />
 Within the local community, partnerships<br />
have to be developed with<br />
traditional elders, religious leaders,<br />
community-based groups, neighbourhood<br />
associations, men’s groups (e.g.,<br />
village farmers’ associations), local<br />
councils and village level bodies.<br />
 Within civil society, the range of<br />
partners include professional groups,<br />
women’s and men’s groups, NGOs, the<br />
private sector, the media, academia, and<br />
trade unions.<br />
 At the state level, strategies must be<br />
designed in partnership with the criminal<br />
Innocenti Digest 6 – Domestic Violence<br />
14<br />
Main issues<br />
justice system (the police, judiciary and<br />
lawyers); the health care system;<br />
parliament and provincial legislative<br />
bodies; and the education sector.<br />
 At the international level, the<br />
stakeholders include international<br />
organizations (such as the United<br />
Nations agencies, the World Bank, and<br />
the regional development banks).<br />
Domestic violence is a health, legal,<br />
economic, educational, developmental<br />
and human rights problem. Strategies<br />
should be designed to operate across a<br />
broad range of areas depending upon the<br />
context in which they are delivered. Key<br />
areas for intervention include:<br />
 advocacy and awareness raising<br />
 education for building a culture of nonviolence<br />
 training<br />
 resource development<br />
 direct service provision to victimsurvivors<br />
and perpetrators<br />
 networking and community mobilization<br />
 direct intervention to help victimsurvivors<br />
rebuild their lives<br />
 legal reform<br />
 monitoring interventions and measures<br />
 data collection and analysis<br />
 early identification of ‘at risk’ families,<br />
communities, groups, and individuals.<br />
These areas are not mutually exclusive;<br />
interventions may touch upon several<br />
areas at once.<br />
Above all, five underlying principles<br />
should guide all strategies and interventions<br />
attempting to address domestic violence:<br />
 prevention<br />
 protection<br />
 early intervention<br />
 rebuilding the lives of victim-survivors<br />
 accountability<br />
This section of the Digest attempts to<br />
formulate a framework for coordinated<br />
action at the policy and programme level.<br />
An effective strategy is one that is<br />
designed to be culture- and region-specific,<br />
providing victim-survivors easy access<br />
to wide-ranging services, and involving<br />
the community and individual stakeholders<br />
in the design of interventions. By<br />
focusing on the stakeholders and by highlighting<br />
responsibilities of the family, the<br />
local community, the civil society, the<br />
state, and international organizations, this<br />
framework points to relevant areas of<br />
action.<br />
The family<br />
WOMEN Because their life and dignity are<br />
at stake, women have emerged as the most<br />
significant agents of change in the struggle<br />
against gender-based violence. While<br />
women’s organizations have played a critical<br />
role (see section on civil society), the<br />
collective strength and courage of individual<br />
women has been notable in fighting<br />
many forms of violence. Poor and<br />
often illiterate, these women have managed<br />
to mobilize hundreds of other<br />
women, raised resources, designed strategies<br />
and forced policy-makers to revise<br />
laws and policies. A systematic effort has<br />
to be made to listen to the voices of grassroots<br />
women and survivors of domestic<br />
violence, and to incorporate solutions<br />
they have to offer. Their perspectives will<br />
provide valuable lessons in making programmes<br />
and services effective and targeted<br />
to their needs.<br />
Women need to be empowered<br />
through education, employment opportunities,<br />
legal literacy, and right to inheritance.<br />
Human rights education and information<br />
regarding domestic violence<br />
should be provided to them because this is<br />
a matter of their absolute rights.<br />
Integrated supportive services, legal intervention<br />
and redress should be made available<br />
in situations of domestic violence.<br />
Assistance to help women rebuild and<br />
recover their lives after violence should be<br />
part of the intervention strategy, including<br />
counselling, relocation, credit support,<br />
and employment.<br />
Consistent support for women must be<br />
provided by all relevant sectors – the<br />
criminal justice system, health, welfare,<br />
and the private sector. Support must also<br />
be available to women via informal networks<br />
such as family, friends, neighbours,<br />
and local community groups.<br />
Community groups and government<br />
institutions should be trained to identify<br />
women, men, adolescent boys and girls,<br />
and children at risk of domestic violence,<br />
and to refer them to confidential and<br />
accessible services. Where such services<br />
are not available, communities must be<br />
helped to establish local culturally appropriate<br />
mechanisms to support women.<br />
MEN There are a growing number of<br />
male professionals designing and facilitating<br />
training events on gender inequality,<br />
including the issue of violence. Some are<br />
working with other men to review male<br />
behaviour and to develop new models of<br />
masculinity (see section on civil society).<br />
There are examples of male leadership on<br />
gender violence in most parts of the world<br />
and the involvement of men is critical in<br />
changing behaviour.<br />
Men should receive one consistent<br />
message from all sectors and levels of<br />
society – that those who perpetrate violence<br />
will be held accountable. The criminal<br />
justice system must act to reinforce<br />
this message by taking action against perpetrators,<br />
as well as providing rehabilitation<br />
options for those who offend.<br />
Services need to be developed that provide<br />
the possibility to change violent<br />
behaviour. These services, offered at the<br />
local level, also need to address associated<br />
issues of drug and alcohol problems.<br />
Men need to challenge other men to<br />
stop abusing women, and to change the<br />
norms that encourage this violence. This<br />
requires support for men to act as healthy<br />
role models to younger men, and the raising<br />
of boys in a non-violent climate to<br />
respect women.<br />
ADOLESCENT GIRLS AND BOYS Adolescent<br />
girls need all the protection and<br />
support that should be available to adult<br />
women. They need clear messages about<br />
their rights from society and the educational<br />
system. Educational programmes<br />
that equip girls with self-esteem and<br />
negotiation skills, and enhance participation<br />
of girls in leadership roles should<br />
become part of the school curriculum.<br />
Adolescent boys need positive role<br />
models and clear messages from the men<br />
in their families and society in general that<br />
violence against women is not acceptable<br />
and that they will be held accountable.<br />
Like adult men, adolescent boys need<br />
access to services to help them deal with<br />
any violent behaviour they may have.<br />
Support services need to address associated<br />
behaviour patterns such as drug<br />
and alcohol problems, or the risky sexual<br />
behaviour in which adolescent girls and<br />
boys may indulge as a result of being victimized<br />
themselves.<br />
CHILDREN need to be identified as victims<br />
of domestic violence, and their safety<br />
has to be ensured. This requires ensuring<br />
the safety of their mothers and making<br />
childcare facilities available to women in<br />
shelters. Appropriate programmes should<br />
be developed by the community and the<br />
state to assist children to recover from the<br />
violence and abuse they have suffered<br />
and/or witnessed.<br />
Local community<br />
In traditional societies, families have<br />
relied upon community-based support<br />
mechanisms to resolve issues of conflict.<br />
The local community therefore needs to<br />
be mobilized to oppose domestic violence<br />
in its midst. Actions taken by local people<br />
may include greater surveillance of<br />
domestic violence situations, offering support<br />
for victim-survivors, and challenging<br />
men to stop the violence.<br />
Complacency needs to be replaced<br />
with active intervention and education.<br />
Community information and education<br />
programmes regarding the nature and<br />
unacceptability of domestic violence<br />
should be developed. Such programmes<br />
should address cultural forms of behaviour<br />
that uphold male aggression, beating,<br />
punishment and abuse of women as<br />
acceptable. Traditional cultural practices,<br />
such as FGM, that violate women’s<br />
integrity need to be re-examined and<br />
challenged. Culture is not static, and<br />
newer forms of cultural norms need to be<br />
developed that respect women and promote<br />
their dignity and safety.<br />
Community elders and religious leaders<br />
have the responsibility to demonstrate<br />
leadership in this area. For example, religious<br />
leaders should be encouraged to reexamine<br />
doctrines and cultural practices<br />
that lead to the subordination of women<br />
and violation of their rights. Local council<br />
bodies (e.g., the ‘panchayat’ system in<br />
India) should play a strong role in creating<br />
a culture of non-violence, in setting up<br />
sanctions, negotiating appropriate local<br />
cultural responses to preventing violence,<br />
and monitoring respect for, and implementation<br />
of, the sanctions that are in place.<br />
Creating awareness about the impact<br />
of domestic violence on communities<br />
conveys the importance of preventing<br />
such violence against women and children.<br />
Developing integrated responses to<br />
domestic violence through involvement<br />
of local community groups, community<br />
health workers and women serves to create<br />
sustainability and accountability,<br />
which in itself is a significant step.<br />
However, since adapting to change is difficult,<br />
protection should be provided to<br />
activists, human rights advocates and<br />
community workers. Ultimately, human<br />
and financial resources are key to any programme<br />
development and delivery.<br />
Civil society<br />
WOMEN’S ORGANIZATIONS For nearly a<br />
quarter of a century, women’s organizations<br />
have provided leadership in boosting<br />
the visibility of violence against<br />
women; giving victim-survivors a voice<br />
through tribunals and personal testimonies;<br />
providing innovative forms of<br />
support to victims of violence; and forcing<br />
governments and the international community<br />
to recognize their own failure to<br />
protect women. From local, collective<br />
Main issues<br />
15<br />
Innocenti Digest 6 – Domestic Violence<br />
Female Genital Mutilation<br />
As a “traditional practice prejudicial to the health of children”, governments now have<br />
to take measures to abolish FGM in accordance with their obligations under the<br />
Convention on the Rights of the Child (Article 24.3).<br />
While legislation to address FGM is important, cooperation at the community level is<br />
essential to the process of FGM eradication. The most successful campaigns of recent<br />
years have had their roots very firmly in the villages and communities where FGM is<br />
traditionally practised.<br />
One of the most striking examples of change has taken place in Senegal, where the<br />
movement to end FGM began with the women of one village – Malicounda Bambara.<br />
As a result of their courage, 148 communities have now publicly renounced the<br />
practice and national legislation is in place banning FGM.<br />
In 1995, the women of Malicounda discussed the previously hidden subject of FGM<br />
during debates on human rights and public health issues organized by the NGO Tostan<br />
(Breakthrough). Once the discussion began there was no stopping it, with friends,<br />
husbands, village leaders, the local midwife and the “cutters”, drawn into the debate<br />
and the entire village acknowledging, for the first time, the scale of the problem.<br />
Religious leaders also played an active and crucial role. By mid-1997, the practice had<br />
been abolished in Malicounda and former cutters were being given encouragement and<br />
support to find alternative sources of income.<br />
Spurred on by this success, the women spread the word to other villages, with<br />
continued support from Tostan, UNICEF and the Government. These efforts<br />
culminated in the Diabougou Declaration of February 1998, when the representatives<br />
of 13 communities publicly and formally renounced FGM. And in April 2000, the<br />
women, men and children of 26 islands in the Sine-Saloum river gathered on the<br />
island of Niodior to celebrate the end of FGM. The traditional cutters from the islands<br />
wrapped their mystical cutting knives in cloth to hide them from the public eye. Then,<br />
in formal procession, they put the knives into a traditional straw basket, symbolizing<br />
the end of FGM.57<br />
Children’s Views on Domestic Violence<br />
A recent study by four universities in the United Kingdom examined how children and<br />
young people perceive domestic violence, and how those who have lived with such<br />
violence cope with it and make sense of their experiences. The research, which covered<br />
1,395 children aged 8-16, found that:<br />
 The vast majority of children at secondary school, and just over half at primary age, want<br />
to learn more about domestic violence – what it is and how to stop it – as well as to<br />
understand why it happens.<br />
 Children who live with domestic violence cope in a variety of ways, ranging from<br />
keeping themselves safe and trying to protect their mothers and siblings, to getting help<br />
and intervening directly, by calling the police, for example.<br />
 Most children who had lived with domestic violence said that professionals, with the<br />
exception of refuge workers, either ignored or disbelieved them. Children want to be<br />
listened to, to be taken seriously and to be involved in decisions about their lives. They<br />
want support, understanding and reassurance, to be in safety with their mothers and<br />
have their own belongings, and even their pets, around them.<br />
This is a rare example of research focusing on the views of children and young<br />
people, and found that children were not silent or passive victims of violence. Children<br />
of all ages were quite active in their responses to, and methods of coping with, violence,<br />
sometimes with understanding and initiative well beyond their age.<br />
The study concluded that the perspectives and understanding of children and young<br />
people should inform the development of appropriate policy and practice in health,<br />
welfare, education and the criminal justice system as well as in specialist services for<br />
women and children. Children’s tenacity and resilience are key resources with which<br />
agencies can work.56<br />
Innocenti Digest 6 – Domestic Violence<br />
16<br />
Main issues<br />
action, women have transformed their<br />
struggle against violence into a global<br />
campaign.<br />
Women’s advocacy has prompted the<br />
formal sectors (legal and judicial system,<br />
criminal justice system, and the health<br />
sector) to begin to respond to the needs<br />
of women who suffer violence. Women<br />
have pushed for policy change and institutional<br />
mechanisms to be set up – be it<br />
legal reform, training of police, or providing<br />
shelter to women and their children.<br />
In attempting to address the structural<br />
causes of such violence, women’s organizations<br />
have sought to empower women<br />
through human rights education, credit<br />
programmes, and linking women to larger<br />
networks. It is crucial that women’s advocates<br />
continue to lead the process, particularly<br />
in playing a monitoring and<br />
accountability role, and that governments<br />
increase partnerships with them.<br />
MEN’S ORGANIZATIONS can also provide<br />
leadership in the local community to<br />
oppose violence against women, working<br />
in collaboration with women’s organizations<br />
that have expertise in this area.<br />
Service organizations can use their<br />
resources and networks, and men’s national<br />
and local sporting organizations have a<br />
particular place in raising men’s awareness<br />
of this issue.<br />
PROFESSIONAL ASSOCIATIONS for doctors,<br />
lawyers, psychologists, nurses, social<br />
workers, welfare workers and other professionals<br />
are key players in opposing violence<br />
against women. Their members may<br />
come into contact with situations of<br />
domestic violence on a regular basis, but<br />
may not recognize the signs because of<br />
their own biases, background or lack of<br />
training. It is critical that such organizations<br />
build domestic violence and human<br />
rights curricula into their professional<br />
training, and that professionals in the field<br />
receive regular training on these areas.<br />
Such associations need to develop protocols<br />
for identifying and referring cases of<br />
domestic violence to appropriate bodies,<br />
and screening measures for detection and<br />
early intervention. These protocols must<br />
be developed in collaboration with<br />
experts in the domestic violence field.<br />
NON-GOVERNMENTAL ORGANIZATIONS<br />
(NGOs), like women’s organizations,<br />
have worked in partnership with government<br />
agencies and international organizations<br />
to provide a diversity of services,<br />
and education and awareness programmes.<br />
Their capacity to continue to<br />
deliver a range of services should be<br />
strengthened, particularly in collaboration<br />
with state agencies.<br />
NGOs have a fundamental role to play<br />
in bringing pressure on governments to<br />
ratify, or withdraw their reservations to,<br />
the international human rights instruments<br />
such as the UDHR, CEDAW and<br />
the CRC. NGOs have played a critical<br />
role in monitoring implementation of<br />
non-treaty instruments such as the UN<br />
Declaration on the Elimination of<br />
Violence against Women, the Vienna<br />
Declaration and Programme of Action,<br />
and the Beijing Declaration and Platform<br />
for Action. NGO leadership has to continue<br />
in its role of lobbying and advocating<br />
for legislation that protects the rights<br />
of women, girls and children.<br />
THE PRIVATE SECTOR has a vested interest<br />
in addressing this problem since the<br />
costs of domestic violence to society, and<br />
industry in particular, are phenomenal in<br />
terms of low productivity, absenteeism, and<br />
staff turnover. The private sector would<br />
benefit by identifying and supporting staff<br />
suffering from, or perpetrating, domestic<br />
violence. It should build gender and domestic<br />
violence awareness into corporate training,<br />
and develop organizational cultures free<br />
of abuse, including sexual harassment, in the<br />
workplace. The private sector should also<br />
be encouraged to finance preventive and<br />
support services in the local community.<br />
TRADE UNIONS must support these<br />
actions by the private sector, using their<br />
resources to promote non-violence<br />
towards women among their members<br />
and encouraging members to seek appropriate<br />
support and assistance.<br />
THE MEDIA plays a pivotal role in both<br />
influencing and changing social norms and<br />
behaviour. Repeated exposure to violence<br />
in the media has been associated with<br />
increased incidence of aggression, especially<br />
in children. In the area of domestic<br />
violence, media campaigns can help to<br />
reverse social attitudes that tolerate violence<br />
against women by questioning patterns<br />
of violent behaviour accepted by<br />
families and societies.59 Collaboration with<br />
the media needs to focus on creating new<br />
messages and new responses to reduce<br />
domestic violence. Hence a conscious<br />
effort to make media professionals aware of<br />
the issues, can play an important role in<br />
addressing violence against women.<br />
Alternative media channels such as theatre<br />
groups, puppeteers, community radio<br />
stations, musicians and performers of all<br />
sorts have a role to play in raising public<br />
awareness of the issue, and creating role<br />
models for men and young people in the<br />
community.<br />
RELIGIOUS LEADERS AND SCHOLARS<br />
need to re-examine interpretations of religious<br />
texts and doctrines from the perspective<br />
of promoting equality and dignity<br />
for women. Many men who abuse<br />
women justify such behaviour on a religious<br />
basis, and many cultural practices<br />
that abuse and violate women are justified<br />
in the name of religion. Religious leaders<br />
at all levels have a responsibility to ensure<br />
that religious interpretations are not used<br />
to oppress women.<br />
Rethinking Male Roles<br />
Many men are re-evaluating their own role in the family and in society. Some are asking<br />
themselves why some men are violent, and how can they be helped to end their violent<br />
behaviour. UNICEF has launched initiatives to work with men on improving knowledge<br />
about the male role in the family.58 And men&#8217;s groups in many countries are taking the<br />
lead to examine cultural and social assumptions on masculinity, and develop strategies to<br />
help men curb violent behaviour.<br />
In 1993 in Mexico, for example, the Collective of Men for Egalitarian Relationships<br />
(CORIAC) was set up by a group of men to give aggressive men the space for selfexamination<br />
and re-education. Participants are helped to understand their violence, take<br />
responsibility for their actions, and express their emotions in non-violent ways.<br />
The White Ribbon Campaign (WRC) in Canada is an organization of men working to<br />
end men&#8217;s violence against women. WRC has developed education and action kits that<br />
have been distributed to schools, universities, corporations, and labour unions. Their<br />
work has expanded to other countries, including countries in Europe.<br />
In Australia, a variety of initiatives are helping men to stop their violence, including:<br />
media campaigns speaking to men about the need to take responsibility; a men’s hot<br />
line with male volunteers who are trained and supervised to help men and refer them to<br />
services available; and programmes that assist men to overcome violent and abusive<br />
behaviour.<br />
ACADEMIA AND RESEARCH ORGANIZATIONS<br />
should address the chronic lack of<br />
statistics on domestic violence that acts as<br />
a barrier to policy change on this issue.<br />
The lack of adequate data and documentation<br />
about violence against women, and<br />
domestic violence in particular, reinforces<br />
governments’ silence. In the absence of<br />
concrete data, governments have been<br />
able to deny the fact of, and their responsibility<br />
to address, such violence.60<br />
In the area of research, there are several<br />
priorities. Reliable data on the magnitude,<br />
consequences, and the economic<br />
and health costs of gender-based violence<br />
will help to place the issue on the policymakers’<br />
radar screen. Researchers need to<br />
identify best practices in prevention and<br />
treatment, and evaluate them for effectiveness<br />
and replicability.<br />
Greater collaboration is required<br />
between research and academic institutes,<br />
women’s organizations, NGOs, and service<br />
providers when conducting qualitative<br />
research to deepen understanding of<br />
the causes of domestic violence, and its<br />
physical and psychological impact on<br />
women. Such research needs to be fed<br />
back to the community so that it can lead<br />
to awareness and transformation.<br />
The state machinery<br />
Violence against women cuts across all<br />
government sectors, with implications for<br />
all programming. It demands new levels of<br />
coordination and integration between a<br />
variety of government sectors including<br />
the criminal justice system, health, education,<br />
and employment.<br />
The criminal justice system<br />
LEGAL REFORM It is the responsibility of<br />
governments who have ratified international<br />
conventions and human rights<br />
instruments to harmonize their national<br />
laws in line with these instruments. One<br />
step towards upholding the right of<br />
women to equal protection under the law<br />
is to enact domestic violence legislation<br />
that specifically prohibits violence against<br />
women. Under this legislation, a woman<br />
should have protection from threats and<br />
acts of violence, safety and security for<br />
herself, her dependents and property, and<br />
assistance in continuing her life without<br />
further disruption.<br />
In conformity with their obligation<br />
under the Convention on the Rights of<br />
the Child (Article 24.3), governments<br />
should also denounce and reform all laws,<br />
practices and policies that allow harmful<br />
cultural practices such as female genital<br />
Main issues<br />
17<br />
Innocenti Digest 6 – Domestic Violence<br />
Legislation on Domestic Violence<br />
In the 1990s, several factors contributed to significant changes in domestic violence<br />
legislation in many countries. Women’s successful campaigning raised the profile of the<br />
issue of violence against women; and several United Nations conferences (Vienna, 1993;<br />
Cairo, 1994; and Beijing, 1995) recognized women’s rights as an inalienable part of<br />
universal human rights. As a result of the new awareness generated, laws on domestic<br />
violence were adopted in many countries.<br />
To date, around 44 countries have adopted specific legislation on domestic violence, of<br />
which 13 are in Latin America: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, El<br />
Salvador, Mexico, Nicaragua, Peru, Puerto Rico, Uruguay and Venezuela. The signing of the<br />
Inter-American Convention on the Prevention, Punishment and Eradication of Violence<br />
Against Women in 1994 provided the momentum to enact such legislation.<br />
The South African Domestic Violence Act of 1998 contains a particularly innovative<br />
feature – granting of a temporary Protection Order in cases where the court is satisfied<br />
that the actions of the aggressor pose &#8216;imminent harm&#8217; to the complainant. This ruling<br />
allows protection of the health, safety, and well-being of the applicant, and includes<br />
provision for the aggressor to be evicted from the matrimonial home while continuing to<br />
provide monetary relief to the applicant.<br />
Women’s Police Stations<br />
Special women&#8217;s police stations, staffed with multi-disciplinary female teams equipped to<br />
respond to the different needs of victim-survivors, have been set up in several countries as<br />
an attempt to make police stations more accessible to women. The first such station was<br />
established in Sao Paulo, Brazil in 1985 in response to women&#8217;s complaints that they<br />
could not report violations in regular police stations because they were treated with<br />
disrespect and disbelief. Brazil&#8217;s success encouraged Argentina, Colombia, Costa Rica,<br />
Peru, Uruguay and Venezuela to set up their own specialized units.<br />
Malaysia, Spain, Pakistan, and India, too, have introduced their own versions. In<br />
India, each station has female civilian workers attached, who provide advice and<br />
support, referring women to support networks and suggesting other options. Because<br />
these stations are designed to provide comprehensive support to women, including<br />
social, legal, psychological, housing, health, and day-care services, they respond to the<br />
many levels of support that a victim of domestic violence needs.<br />
However, a recent study in India points to several problems with these stations, the<br />
most notable being that women are discouraged from registering complaints at other<br />
police stations. As a result, victim-survivors have to travel great distances to register their<br />
complaints at the special women&#8217;s police stations, and are no longer assured of<br />
protection from the regular police stations in their neighbourhood.61<br />
mutilation, crimes committed in the name<br />
of honour, and discrimination based on<br />
son preference. Once such legislation is<br />
passed, implementation and enforcement<br />
become a priority. Enforcement requires<br />
the cooperation and sensitization of the<br />
police and the judicial system.<br />
THE POLICE are particularly well-positioned<br />
to provide assistance to victim-survivors,<br />
but very often their own prejudices,<br />
lack of training, and reluctance to intervene<br />
hinder them from dealing with<br />
domestic violence. Training and sensitization<br />
of police at all levels must be instituted,<br />
and guidelines must be developed to<br />
monitor police response. Police must be<br />
held accountable for their own behaviour<br />
towards victim-survivors in order to prevent<br />
secondary victimization of women at<br />
their hands.<br />
THE JUDICIARY can strongly reinforce<br />
the message that violence is a serious<br />
criminal matter for which the abuser will<br />
be held accountable. The judge sets the<br />
tone in the courtroom and makes the most<br />
critical decisions affecting the lives of the<br />
victim, perpetrator, and children, and<br />
must therefore be sensitive to the dynamics<br />
of domestic violence in order to pass<br />
equitable verdicts. Sensitization of the<br />
judiciary to gender issues is, therefore,<br />
critical and law schools should include<br />
relevant courses in their programmes.<br />
PROTECTIVE MEASURES The protection<br />
and safety of victim-survivors should<br />
be the prime focus of legal systems. It is<br />
important that protective measures are<br />
provided so that victim-survivors are not<br />
left without adequate protection, and are<br />
not re-victimized. In industrialized counInnocenti<br />
Digest 6 – Domestic Violence<br />
18<br />
Main issues<br />
tries, women’s shelters have provided support<br />
to victims of domestic violence since<br />
the 1970s, usually providing a 24-hour<br />
hotline, support groups for the victims,<br />
basic child-care, and social and legal services.<br />
Similar centres have been created in<br />
many developing countries since the early<br />
1980s, mostly run by NGOs. Given that<br />
shelters are expensive, NGOs in developing<br />
countries are hard-pressed to provide<br />
shelter for victims, and focus instead on<br />
providing legal advice and psychological<br />
and social support.<br />
This is an area where support from<br />
municipal and provincial governments is<br />
needed to provide viable, short-term and<br />
long-term shelters, referral services to<br />
other sectors (health, justice, police) and<br />
assistance in related needs such as housing,<br />
employment, and child care.<br />
Increasingly, governments are creating<br />
such support services in partnership with<br />
NGOs as part of an integrated response to<br />
domestic violence.<br />
In Namibia, for example, women and<br />
child protection units have been established<br />
in partnership with the Namibian<br />
police, ministries of health and social services,<br />
and NGOs. The role of social workers<br />
stationed at the units is to ensure the<br />
protection and safety of the abused women<br />
and children during and after the crisis; and<br />
assist in preparation of court reports,<br />
appearance in court, and medical examinations<br />
needed for evidentiary purposes.<br />
Helping women rebuild their lives and<br />
self-esteem has been a particular focus of<br />
NGO efforts. Many adopt an empowerment<br />
approach for women through education,<br />
legal literacy, and economic selfreliance<br />
programmes within shelter<br />
homes to help women take charge of their<br />
own lives and personal security. Such programmes<br />
also provide counselling and a<br />
connection to existing networks of<br />
women. It is clear that when victim-survivors<br />
have the opportunity to interact<br />
with other women experiencing the same<br />
problems, they are able to escape their<br />
isolation, shame and fear, and are able to<br />
rebuild their lives at a faster pace.<br />
Telephone hotlines, usually set up by<br />
NGOs, have also expanded in many<br />
countries of Latin America (Argentina,<br />
Chile, El Salvador, Uruguay) and in South<br />
Asia. However, given the scarcity of telephones<br />
in most rural areas, such hotlines<br />
can only reach the urban population.<br />
It is critical that every woman who has<br />
been abused or who is at risk has immediate<br />
and ongoing access to support services<br />
that provide non-judgemental and nondirective<br />
service. At all times, the woman<br />
must be helped to be an active agent in<br />
her interaction with the civil and criminal<br />
justice systems so that she can examine<br />
options available to her and make choices<br />
about her safety.<br />
The health care system<br />
The health care system is well-placed to<br />
identify women who have been abused<br />
and refer them to other services, as the<br />
vast majority of women visit a health facility<br />
at some point in their lives – during<br />
pregnancy, for example, or to get treatment<br />
for themselves or their children. The<br />
reality, however, is that far from playing a<br />
proactive role, the health care system has<br />
usually been unresponsive to women suffering<br />
from domestic abuse. Training for<br />
health care providers is necessary to guide<br />
them on the early screening and identification<br />
of women who are suffering domestic<br />
violence. Such training, as far as possible,<br />
should be integrated into existing training<br />
programmes rather than be created as separate<br />
programmes. WHO has identified the<br />
following issues that need to be addressed in<br />
sensitizing health care providers:<br />
 their possible negative feelings,<br />
including inadequacy, powerlessness<br />
and isolation, particularly in areas with<br />
few referral services;<br />
 some cultural beliefs, including the idea<br />
that domestic violence is a private matter;<br />
 possible misconceptions about victimsurvivors,<br />
including the belief that<br />
women provoke violence.62<br />
Training should be supplemented with<br />
protocols to guide health care providers<br />
to implement standards. Protocols should<br />
include procedures for documentation for<br />
legal, medical and statistical purposes;<br />
legal, ethical and privacy issues; and upto-<br />
date information on local referral services.<br />
Protocols need to be culture-specific<br />
with special attention paid to respecting<br />
the rights of women.63<br />
Education<br />
Curricula that teach non-violence, conflict<br />
resolution, human rights and gender<br />
issues should be included in elementary<br />
and secondary schools, universities, professional<br />
colleges, and other training settings.<br />
Violence against women can be prevented<br />
and eliminated only when the underlying<br />
causes of violence are addressed and cultural<br />
norms and attitudes are challenged.<br />
Curriculum reform that works towards<br />
eliminating the gender stereotyping in<br />
schools (teaching about women’s contributions<br />
in history class, eliminating sexstereotypes<br />
in textbooks, promoting girls’<br />
participation in sports) are important steps<br />
in achieving gender equality.<br />
A more fundamental problem – that of<br />
girls’ enrolment in schools – has to be<br />
addressed by governments alongside cur-<br />
Training the Judiciary to be Gender-Sensitive<br />
Training of the judiciary – from Supreme Court justices to public defenders and<br />
prosecutors to social workers and support personnel – has been successfully carried out<br />
in Costa Rica, India, and the USA. In Costa Rica, the training has been part of the action<br />
taken by the government to deal with domestic violence, while in India and the USA<br />
efforts have been led largely by non-governmental organizations.<br />
These training workshops have focused on the dynamics of domestic violence and<br />
specific types of abuse; gender and power relationships; analysis of relevant laws; legal<br />
procedures and legal services available to victims of domestic abuse; and strategies for<br />
helping both victims and their abusers. In examining these programmes, it is clear that<br />
participation at all levels, including the highest officials within the judiciary is necessary if<br />
laws and actions dealing with domestic violence are to be promoted, implemented, and<br />
monitored.<br />
Women&#8217;s Access to Health Services<br />
Lack of access to health services is a critical constraint to medical examination for women<br />
experiencing domestic violence. In Pakistan, for example, the two major cities of Karachi<br />
and Lahore have only one medico-legal centre where examinations for evidence of sexual<br />
assault are carried out. The complex logistics of city travel, among other constraints, make<br />
it hard for women to access these services. In Moscow, there is only one centre that<br />
opens from 9 am to 2 pm, limiting women&#8217;s access. Elsewhere, rural victims of violence<br />
may have to travel for days to reach a centre. Moreover, in many countries abused and<br />
violated women are uncomfortable with male doctors. These are generally the same<br />
countries with extreme shortages of female doctors.<br />
riculum reform. In South Asia, the Middle<br />
East and Africa, for example, girls’ enrolment<br />
in primary schools is well below that<br />
of boys, a phenomenon that perpetuates<br />
female subordination.<br />
International organizations<br />
International organizations such as the<br />
United Nations, its bodies and specialized<br />
agencies, the World Bank, and the Inter-<br />
American Development Bank have placed<br />
the issue of violence against women on<br />
their agendas. Their programmes articulate<br />
the links between human rights, health, and<br />
women’s participation in political and economic<br />
arenas within the larger context of<br />
violence against women as a development<br />
issue. These organizations can play a critical<br />
role by using their expertise and credibility<br />
to garner support for eliminating violence<br />
against women. By advocating with<br />
national governments, and by supporting<br />
programmes run by both government and<br />
non-governmental organizations, these<br />
organizations are already working at many<br />
levels to prevent and reduce domestic violence<br />
in different regions of the world.<br />
The following examples outline some<br />
initiatives led by these inter-governmental<br />
organizations.<br />
 UNICEF works with different partners to<br />
address domestic violence in many<br />
countries. Examples include: facilitating<br />
creation of Bolivia’s National Plan for the<br />
Prevention of and Eradication of<br />
Violence Against Women (1994) and the<br />
adoption of Law 1674 against Family or<br />
Domestic Violence (1995); work with<br />
the National Jordanian Television to<br />
develop TV spots on violence against<br />
women; and support for the development<br />
of an active movement against genderbased<br />
violence in Afghanistan and other<br />
countries in South Asia.67<br />
 The United Nations regional campaigns,<br />
coordinated by UNIFEM, to eliminate<br />
violence against women have spurred<br />
new partnerships between a number of<br />
UN agencies (including UNICEF),<br />
governments, national and regional<br />
NGOs, and community-based groups<br />
and media organizations since 1998.68<br />
 UNFPA supports research on the<br />
prevalence of domestic violence and has<br />
helped to create women’s health centres<br />
in areas where such violence is common.<br />
It also works in partnership with<br />
governments, NGOs and local<br />
communities to support programmes to<br />
eliminate FGM.<br />
 WHO is coordinating a multi-country<br />
study on women’s health and domestic<br />
violence, which aims to develop<br />
methodologies to measure violence<br />
against women and its health<br />
consequences cross-culturally in six<br />
countries.69<br />
 The Pan American Health Organization<br />
(PAHO) and the Inter-American<br />
Development Bank (IDB) are<br />
collaborating to pilot a coordinated,<br />
multi-sectoral response to violence<br />
against women in Latin America.70<br />
 The Trust Fund in Support of Actions to<br />
Eliminate Violence against Women,<br />
established at UNIFEM in 1996 by a UN<br />
General Assembly resolution, has<br />
supported innovative projects around<br />
the world that address all forms of<br />
gender-based violence.71<br />
Main issues<br />
19<br />
Innocenti Digest 6 – Domestic Violence<br />
Availability of Guns: a Growing Concern<br />
One of the major risks linked to social and domestic violence is the availability of<br />
weapons. With the increase of civil conflicts after the end of the Cold War, and the easy<br />
availability of drug money in many countries, small arms have become more accessible.<br />
The role of firearms in domestic violence can be illustrated by data from the USA, where<br />
a woman is 2.5 times more likely to be shot by her male intimate partner than she is to<br />
be killed in any other way by a stranger. 64<br />
Firearms can also be used for other purposes – to coerce a woman into sex, for<br />
example, and intimidate and control her.<br />
Efforts to market firearms specifically to women have met with little success in the<br />
USA 65 and most US residents have favoured stricter controls on guns for decades.66<br />
Several recent firearm-related incidents have provided the impetus for broad-based<br />
social action. An estimated 750,000 protestors, most of them women, participated in<br />
the Million Mom March in Washington DC on 11 May, 2000. Simultaneous marches<br />
also took place elsewhere in the USA on this date, which is traditionally celebrated as<br />
Mother’s Day, in a public call for greater controls on guns.<br />
Innocenti Digest 6 – Domestic Violence<br />
20<br />
Links<br />
This section contains information<br />
about some of the major intergovernmental<br />
organizations, and<br />
international and regional NGOs<br />
working on issues related to domestic<br />
violence. It is not meant to be a<br />
comprehensive listing, nor does it<br />
prioritize or rank the organizations<br />
listed. These contacts should serve as<br />
links to other types of organizations,<br />
particularly national and local NGOs,<br />
professional and community organizations,<br />
academic and other institutes<br />
and government bodies, whose work is<br />
relevant either to the issue of domestic<br />
violence or to the empowerment of<br />
women and girls through education,<br />
employment or training. Website<br />
information is listed and is as current<br />
as possible. Such information is, of<br />
course, subject to change.<br />
UNITED NATIONS AND<br />
ITS SPECIALIZED AGENCIES<br />
United Nations Children’s<br />
Fund (UNICEF)<br />
3 UN Plaza<br />
New York<br />
NY 10017<br />
USA<br />
Tel: +1 212 326 7000<br />
Fax: +1 212 888 7465<br />
Activities<br />
As part of its mandate, and guided<br />
by the CRC and CEDAW, UNICEF<br />
promotes the equal rights of women<br />
and girls and supports their full<br />
participation in the development of<br />
their communities. It works with<br />
partners to end violence against<br />
women and girls; widen their access<br />
to health-care, education, and<br />
affordable credit; and promote<br />
awareness of their rights.<br />
Website: www.unicef.org<br />
United Nations Development<br />
Fund for Women (UNIFEM)<br />
304 East 45th Street, 15th floor<br />
New York<br />
NY 10017<br />
USA<br />
Tel: +1 212 9066400<br />
Fax: +1 212 9066705<br />
E-mail: unifem@undp.org<br />
Activities<br />
UNIFEM has made women’s human<br />
rights the centrepiece of its<br />
empowerment approach to<br />
programming. It is coordinating<br />
regional campaigns to eliminate<br />
violence against women, aiming to<br />
highlight the problem. Nine UN<br />
agencies, several national and<br />
regional NGOs, and 22 governments<br />
in Africa, Asia and Latin America<br />
are partners in this effort. Since 1996,<br />
UNIFEM has managed the Trust<br />
Fund in Support of Actions to<br />
Eliminate Violence against Women,<br />
established by the United Nations<br />
General Assembly, providing funds<br />
for innovative projects on this issue.<br />
UNIFEM facilitates an internet<br />
working group on violence against<br />
women (http://www.unifem.undp.org/<br />
campaign/violence). Past discussions<br />
are available on-line and the site<br />
also contains instructions for joining<br />
this virtual working group.<br />
Website: www.unifem.undp.org<br />
Contains information about the<br />
United Nations regional campaigns<br />
to eliminate violence against women;<br />
links to other UN organizations that<br />
are part of the campaign; and<br />
information on applying to the Trust<br />
Fund for funding.<br />
United Nations Development<br />
Programme (UNDP)<br />
1 UN Plaza<br />
New York<br />
NY 10017<br />
USA<br />
Tel: +1 212 906 5558<br />
Fax: +1 212 906 5001<br />
Activities<br />
As one part of its contribution to the<br />
United Nations Inter-Agency<br />
Campaign on Women’s Human<br />
Rights, UNDP’s Regional Bureau for<br />
Latin America and the Caribbean<br />
has developed a website containing<br />
informational materials from partner<br />
agencies including UNDP’s own<br />
country offices. Currently, eight of the<br />
19 reports under preparation by<br />
UNDP are posted on the site:<br />
Argentina, Bolivia, Brazil, Chile,<br />
Jamaica, Nicaragua, Trinidad &amp;<br />
Tobago and Venezuela.<br />
Website: ww.undp.org/rblac/gender<br />
United Nations Division for the<br />
Advancement of Women (DAW)<br />
2 UN Plaza, DC2-12th Floor<br />
New York<br />
NY 10017<br />
USA<br />
Fax: +1 212 963 3463<br />
E-mail: daw@un.org<br />
Activities<br />
DAW conducts research, develops<br />
policy options and provides gender<br />
policy advisory services, including<br />
needs assessment, diagnostic studies<br />
and evaluations and support for<br />
capacity-building to enhance the<br />
participation of women in developing<br />
countries. The Division also publishes<br />
research and data on women and<br />
gender issues and works closely with<br />
intergovernmental and nongovernmental<br />
organizations. It assists<br />
the Commission on the Status of<br />
Women (CSW) and the Committee on<br />
the Elimination of Discrimination<br />
against Women (CEDAW) in their<br />
mandated tasks.<br />
Website:<br />
www. un.org/womenwatch/daw<br />
Contains information on CEDAW and<br />
its monitoring Committee; the full text<br />
of the Convention, ratification<br />
information and country reports; the<br />
work of CSW; the text of the Platform<br />
for Action; information about the<br />
Fourth World Conference on Women<br />
and the Beijing +5 review meeting.<br />
United Nations<br />
High Commissioner<br />
for Human Rights (UNHCHR)<br />
Special Rapporteur<br />
on Violence Against Women<br />
Office of the High Commissioner<br />
for Human Rights<br />
United Nations<br />
1211 Geneva 10<br />
Switzerland<br />
Tel: +41 22 917 9150<br />
Fax: +41 22 917 0212<br />
E-mail: srvaw@sltnet.lk<br />
Contact Ms Radhika Coomaraswamy<br />
Activities<br />
The Special Rapporteur seeks and<br />
receives information on violence<br />
against women from a wide variety<br />
of sources, including governments,<br />
treaty bodies, other Special<br />
Rapporteurs, specialized agencies<br />
and women’s organizations.<br />
The Special Rapporteur recommends<br />
measures at the national, regional<br />
and international level to eliminate<br />
violence against women and its<br />
causes, and to remedy its<br />
consequences.<br />
Website: www. unhchr.ch/huridocda<br />
Contains United Nations ECOSOC<br />
resolutions on violence against<br />
women, and reports of the Special<br />
Rapporteur to the Commission on<br />
Human Rights (in English, French<br />
and Spanish).<br />
United Nations Population<br />
Fund (UNFPA)<br />
220 East 42nd Street<br />
New York<br />
NY 10017<br />
USA<br />
Tel: +1 212 297 5020<br />
Fax: +1 212 557 6416<br />
Email: ryanw@unfpa.org<br />
Activities<br />
UNFPA supports research and<br />
surveys to assess the prevalence of<br />
domestic violence, including the<br />
development of methodologies to<br />
identify local and regional problems<br />
linked to violence against women. It<br />
assesses the impact of violence on<br />
women’s ability to exercise their<br />
reproductive rights and access<br />
reproductive health care. It has<br />
helped to establish women’s health<br />
centres providing integrated<br />
packages of services and support in<br />
areas where abuse of women is<br />
widespread. In cooperation with<br />
governments, NGOs and local<br />
communities, UNFPA supports<br />
programmes to reduce and<br />
eventually eliminate female genital<br />
mutilation.<br />
Website: www.unfpa.org<br />
World Health Organization<br />
(WHO)<br />
Global Programme on Evidence<br />
for Health Policy (GPE)<br />
CH-1211 Geneva 27<br />
Switzerland<br />
Tel: +41 22 791 4353<br />
Fax: +41 22 791 4328<br />
E-mail: garciamorenoc@who.ch<br />
Activities<br />
WHO’s activities in the area of<br />
violence against women, initiated in<br />
1995, focus on the role of the health<br />
sector in preventing violence against<br />
women and managing its<br />
consequences, with increasing<br />
attention given to rape and sexual<br />
assault. WHO is conducting a multicountry<br />
study of prevalence, health<br />
consequences, and risk and<br />
protective factors for domestic<br />
violence; has established a database<br />
of existing research on violence<br />
against women; and has initiated<br />
reviews of interventions to prevent<br />
violence, to identify and assist<br />
abused women, and of various<br />
training approaches and materials.<br />
Website: www.who.ch/frh-whd<br />
Contains global health facts related<br />
to issues such as violence against<br />
women, female genital mutilation,<br />
and HIV/AIDS; fact sheets on women;<br />
resources including documents,<br />
publications, databases and press<br />
releases; and links to other resources<br />
and organizations.<br />
OTHER UN AGENCIES<br />
The work of a number of other United<br />
Nations agencies is relevant to this<br />
issue, including the International<br />
Labour Organization (ILO), the Joint<br />
United Nations Programme on<br />
HIV/AIDS (UNAIDS), the United<br />
Nations Education, Scientific and<br />
Cultural Organization (UNESCO)<br />
and the United Nations High<br />
Commissioner for Refugees (UNHCR).<br />
For information about these<br />
organizations, visit their websites as<br />
follows:<br />
ILO: www.ilo.org<br />
UNAIDS: www.unaids.org<br />
UNESCO: www.unesco.org<br />
UNHCR: www.unhcr.ch<br />
OTHER INTERGOVERNMENTAL<br />
ORGANIZATIONS<br />
Inter-American Development<br />
Bank (IDB)<br />
1300 New York Avenue, NW<br />
Washington DC 20577<br />
USA<br />
Tel: +1 202 6231000<br />
Activities<br />
The IDB has undertaken regional<br />
technical cooperation projects to<br />
combat domestic violence against<br />
women. It focuses both on prevention<br />
of abuse and on treatment for<br />
women who have been abused. Its<br />
projects include working with the<br />
media for public education; training<br />
of judges and other judicial<br />
personnel; creation of national<br />
networks to provide support to<br />
affected women and support for<br />
regional efforts to design projects to<br />
reduce domestic violence.<br />
Website: www.iadb.org<br />
Contains information in English,<br />
French, Portuguese and Spanish on<br />
the organization, its programmes,<br />
publications, and relevant data.<br />
Pan American Health<br />
Organization (PAHO)<br />
525 23rd Street, NW<br />
Washington DC 20037<br />
USA<br />
Tel: +1 202 9743458<br />
Fax: +1 202 9743143<br />
E-mail: publinfo@paho.org<br />
Activities<br />
PAHO, the regional office of WHO in<br />
Latin America and the Caribbean, is<br />
working closely with grassroots and<br />
national organizations on the issue of<br />
violence against women in 10<br />
countries across the region. At the<br />
local level, it is creating coordinated<br />
community networks involving the<br />
health and legal systems, churches,<br />
NGOs, and community-based<br />
groups. At the national level, it is<br />
strengthening institutional capacity<br />
and promoting adoption of legal<br />
norms and policies.<br />
Website: www.paho.org<br />
Contains information in English and<br />
Spanish about its programmes,<br />
services and publications, with links<br />
to databases on health.<br />
INTERNATIONAL<br />
AND REGIONAL NGOS<br />
Center for Health and Gender<br />
Equity (CHANGE)<br />
6930 Carroll Ave., Suite 910<br />
Takoma Park, MD 20912<br />
USA<br />
Tel: +1 301 2701182<br />
Fax: +1 301 2702052<br />
E-mail: change@genderhealth.org<br />
Links<br />
21<br />
Innocenti Digest 6 – Domestic Violence<br />
Innocenti Digest 6 – Domestic Violence<br />
22<br />
Links<br />
Activities<br />
The Centre coordinates the International<br />
Research Network on<br />
Violence Against Women (INRVAW),<br />
a group of investigators and<br />
advocacy experts sharing their<br />
experiences on research into<br />
physical and sexual abuse. As well<br />
as monitoring the implementation of<br />
the Programme of Action of the 1994<br />
International Conference on<br />
Population and Development (ICPD),<br />
the Centre conducts country casestudies<br />
of policy and programmes,<br />
initiates research and demonstration<br />
projects, collaborates with<br />
researchers and advocates and<br />
publishes articles and papers.<br />
Website: www.genderhealth.org<br />
Contains information about the<br />
Center’s programmes and<br />
publications, with links to other<br />
relevant sites.<br />
Center for Women’s Global<br />
Leadership<br />
Rutgers, The State University of New<br />
Jersey<br />
160 Ryders Lane<br />
New Brunswick,<br />
NJ 08901<br />
USA<br />
Tel: +1 732 9328782<br />
Fax: +1 732 9321180<br />
E-mail: cwgl@igc.org<br />
Activities<br />
The Center develops and facilitates<br />
women’s leadership for women’s<br />
human rights and social justice<br />
worldwide, through women’s global<br />
leadership institutes, strategic<br />
planning activities, international<br />
mobilization campaigns, UN<br />
monitoring, global education<br />
endeavours, publications, and its<br />
resource centre.<br />
Website: www.cwgl.rutgers.edu<br />
Contains information about the<br />
Center’s programmes, publications,<br />
relevant articles and resources, and<br />
links to related organizations.<br />
CHANGE: Non-Consensual Sex<br />
in Marriage Programme<br />
106 Hatton Square<br />
16 Baldwins Gardens<br />
London EC1N 7RJ<br />
UK<br />
Tel: +44 20 7430 0692<br />
Fax: +44 20 7430 0254<br />
E-mail: ncsm.change@sister.com<br />
Activities<br />
CHANGE produces and disseminates<br />
information on gender inequalities in<br />
law, practice and custom, builds<br />
international networks and coalitions<br />
to exchange strategies, and<br />
advocates for the recognition of the<br />
human rights of women. The<br />
organization is currently conducting<br />
a worldwide survey of laws and<br />
public policies relating to nonconsensual<br />
sex in marriage as well<br />
as specific local customs, campaigns<br />
and research.<br />
Website: www.ncsm.net<br />
European Policy Action<br />
Centre on Violence<br />
Against Women<br />
LEF<br />
18, rue Hydraulique<br />
B1210 Brussels<br />
Belgium<br />
Tel: +32 2 2179020<br />
Fax: +32 2 2188451<br />
E-mail:<br />
Centre-violence@womenlobby.org<br />
Activities<br />
The Centre provides a forum for<br />
women’s NGOs to enable them to<br />
persuade policy and decisionmakers<br />
to take responsibility for the<br />
issue of violence against women. It<br />
serves as a central coordinating<br />
point for information, studies,<br />
research and the exchange of good<br />
practice among European Union<br />
member states, as well as lobbying<br />
for political action to address<br />
violence against women in Europe.<br />
The Centre has created a database<br />
of NGOs working on this issue,<br />
published as a directory, “Action<br />
Against Violence Against Women”<br />
and has conducted a study,<br />
“Unveiling the Hidden Data on<br />
Domestic Violence,” containing<br />
official data on domestic violence in<br />
the 15 member states of the EU.<br />
Website: www.womenlobby.<br />
org/en/themes/violence/centre.html<br />
Contains position papers, a listing of<br />
publications and a news page. In<br />
French and English.<br />
Human Rights Watch –<br />
Women’s Rights Division<br />
1630 Connecticut Avenue, N.W.,<br />
Suite 500<br />
Washington DC 20009<br />
USA<br />
Tel: +1 202 6124321<br />
Fax: +1 202 6124333<br />
E-mail: hrwdc@hrw.org<br />
Activities<br />
The Division addresses human rights<br />
abuses directed at, or particularly<br />
concerning, women. Its recent work<br />
has included combating the trafficking<br />
of women and girls into brothels in<br />
Thailand, sexual abuse of female<br />
prisoners in the USA, rape as a war<br />
crime in Bosnia and Rwanda, control<br />
of women’s virginity in Turkey,<br />
violence against women refugees,<br />
and sex discrimination in Mexican<br />
maquiladoras, in addition to its Global<br />
Report on Women’s Human Rights.<br />
Website: www.hrw.org<br />
Contains information about its<br />
publications and press releases on<br />
current human rights news. Provides<br />
in-depth information on issues of<br />
concern to Human Rights Watch, and<br />
includes links to relevant internet<br />
resources.<br />
International Center for<br />
Research on Women (ICRW)<br />
1717 Massachusetts Avenue, NW,<br />
Suite 302<br />
Washington DC 20036<br />
USA<br />
Tel: +1 202 7970007<br />
Fax: +1 202 7970020<br />
Email: info@icrw.org<br />
Activities<br />
The Center gathers information and<br />
provides technical assistance on<br />
women’s productive and<br />
reproductive roles, their status in the<br />
family, their leadership in society,<br />
and their management of<br />
environmental resources.<br />
It advocates with governments and<br />
multilateral agencies, brings experts<br />
together, and engages in an active<br />
publications and information<br />
programme to advance women’s<br />
rights and opportunities, principally<br />
in developing and transition<br />
countries. The Center is currently<br />
conducting a three-year research<br />
programme on domestic violence in<br />
India in partnership with researchers<br />
from Indian organizations, aiming to<br />
identify and replicate effective<br />
responses.<br />
Website: www.icrw.org<br />
Contains information on research,<br />
publications and programmes and a<br />
synthesis of the India study. Also<br />
provides links to other organizations<br />
working on gender issues.<br />
International Women’s Rights<br />
Action Watch Asia Pacific<br />
(IWRAW-AP)<br />
2nd Floor, Block F, Anjung Felda,<br />
Jalan Maktab<br />
Off Jalan Semarak<br />
54000 Kuala Lumpur<br />
Malaysia<br />
Tel: +60 3 2913292<br />
Fax: +60 3 2984203<br />
E-mail: iwraw@po.jaring.my<br />
Activities<br />
IWRAW-AP is a collaborative<br />
programme to facilitate and monitor<br />
the implementation of the CEDAW,<br />
with projects in 13 Asian countries.<br />
Website: ww.womenasia.com/iwraw<br />
Isis-Women’s International<br />
Cross Culture Exchange<br />
(Isis-WICCE)<br />
Plot 32 Bukoto Street<br />
Kamwokya<br />
PO Box 4934<br />
Kampala<br />
Uganda<br />
Tel: +256 41 543953<br />
Fax: +256 41 543954<br />
E-mail: isis@starcom.co.ug<br />
Activities<br />
Isis gathers and disseminates genderrelated<br />
information on a wide<br />
selection of topics to promote women’s<br />
empowerment, gender equality,<br />
development and peace in Africa. It<br />
provides opportunities for African<br />
women to network on a global basis,<br />
sharing their experiences and gaining<br />
access to information.<br />
Website: www.isis.or.ug<br />
Contains research reports;<br />
magazines that can be downloaded;<br />
current news from the region; a<br />
section on women in armed conflict;<br />
and links to other organizations.<br />
Latin American and<br />
Caribbean Women’s Network<br />
against Domestic and Sexual<br />
Violence (ISIS-Chile)<br />
Casilla 2067<br />
Correo Central<br />
Santiago<br />
Chile<br />
Tel: +562 633 4582<br />
Fax: +562 638 3142<br />
E-mail: isis@reuna.cl<br />
Activities<br />
ISIS-Chile works in most countries of<br />
the Latin American and Caribbean<br />
region. It has drawn attention to the<br />
issue of violence against women by<br />
organizing seminars, coordinating<br />
regional campaigns, and advocating<br />
with governments and international<br />
organizations.<br />
Website: www.isis.cl (Spanish)<br />
Women in Law and<br />
Development in Africa<br />
(WILDAF)<br />
2nd Floor Zambia House<br />
Box 4622<br />
Harare<br />
Zimbabwe<br />
Tel: +263 4 751189 / 752105<br />
Fax: +263 4 781886<br />
E-mail: wildaf.org.zw<br />
Activities<br />
WILDAF promotes and strengthens<br />
strategies which link law and<br />
development to increased women’s<br />
participation and influence at the<br />
community, national and<br />
international levels. It provides<br />
opportunities for networking among<br />
members through workshops and<br />
seminars and through collaboration<br />
with organizations from all parts of<br />
the world working in the field of<br />
women, law and development.<br />
WILDAF’s publications include a<br />
quarterly newsletter and training<br />
manuals for legal rights advocacy<br />
groups. It conducts training and<br />
provides technical assistance to build<br />
the capacity of women’s rights<br />
groups. It is engaged in advocacy<br />
and lobbying efforts at the regional<br />
and international levels.<br />
Website: www.wildaf.org.zw<br />
Contains information about<br />
membership and focal points, as well<br />
as publications. Also provides a<br />
channel for discussion on the internet<br />
on women’s human rights.<br />
Links<br />
23<br />
Innocenti Digest 6 – Domestic Violence<br />
ADDITIONAL WEB RESOURCES<br />
The Global Reproductive<br />
Health Forum South Asia<br />
www.hsph.harvard.edu (English,<br />
French and Spanish)<br />
The Global Reproductive Health<br />
Forum (GRHF) at Harvard seeks to<br />
bring together discourses on<br />
reproductive health and women’s<br />
rights related to the South Asian<br />
region. Its site provides access to<br />
current research originating from<br />
South Asian organizations and<br />
universities. In partnership with the<br />
Centre for Women’s Development<br />
Studies, New Delhi and the SNDT<br />
Women’s University, Mumbai, the site<br />
provides in-depth modules on<br />
domestic violence, dowry, and other<br />
forms of violence against women. It<br />
includes listings of organizations,<br />
recommended readings and other<br />
resources, as well as a discussion site<br />
providing a forum for current debate.<br />
Human Rights Web<br />
www.hrweb.org<br />
Human Rights Web contains an<br />
overview of human rights, providing<br />
a definition of the term, outlining the<br />
latest issues, full-text international<br />
human rights documents, and<br />
information on how to report on<br />
human rights emergencies. It also<br />
includes resources and information<br />
for those wanting to contribute to the<br />
promotion of human rights.<br />
International Women’s Rights<br />
Action Watch<br />
www.igc.apc.org/iwraw<br />
International Women’s Rights Action<br />
Watch monitors and publicizes the<br />
work of the UN Committee on the<br />
Elimination of Discrimination Against<br />
Women. It provides technical<br />
assistance and research support for<br />
women’s human rights projects and<br />
produces Women’s Watch newsletter,<br />
a quarterly publication that covers<br />
law and policy developments<br />
affecting women worldwide and<br />
information resources. The site<br />
contains information about its<br />
publications, and guides for NGOs, as<br />
well as information about CEDAW, the<br />
Committee on Economic, Social and<br />
Cultural Rights and the Human Rights<br />
Committee sessions.<br />
Women’sNet<br />
www.womensnet.org.za<br />
Women’sNet aims to make<br />
information and communication<br />
technology accessible to women in<br />
South Africa, particularly those who<br />
have been historically<br />
disadvantaged, providing training<br />
and supporting relevant projects,<br />
people, tools and resources to create<br />
a platform for women’s voices and<br />
issues. It works to disseminate<br />
information in formats accessible to<br />
women who are not directly linked to<br />
the internet, as well as providing<br />
internet training for women and<br />
establishing regional technical<br />
support centres. The site contains<br />
resources on the prevention of<br />
violence against women, including<br />
statistical and background<br />
information, services and resources<br />
for those needing help, listings of<br />
organizations working in the field,<br />
information on relevant laws and<br />
policies, and a directory of women’s<br />
organizations.<br />
WomenWatch<br />
www.un.org/womenwatch<br />
The United Nations electronic<br />
gateway for information about<br />
women, launched in 1997, is<br />
managed through a collaborative<br />
partnership between UNIFEM, the<br />
UN Division for the Advancement of<br />
Women (DAW) and the International<br />
Institute for Research and Training<br />
for the Advancement of Women<br />
(INSTRAW). It provides information<br />
on the work of the UN and<br />
intergovernmental agencies dealing<br />
with women’s issues; preparations for<br />
Beijing +5; national action plans<br />
prepared by governments as followup<br />
to the Fourth World Conference<br />
on Women; reports prepared for the<br />
CEDAW committee; and official<br />
documentation from the Commission<br />
on the Status of Women. It is<br />
currently hosting a series of global<br />
electronic discussion forums on<br />
issues raised in the Beijing Platform<br />
for Action (PFA) to share lessons<br />
learned and effective strategies.<br />
The University of Minnesota<br />
Human Rights Library –<br />
Women’s Human Rights Site<br />
www.umn.edu/humanrts/instree/auoe<br />
.htm<br />
The site contains full texts of women’s<br />
human rights instruments in English,<br />
French and Spanish, plus ratification<br />
information. It also includes a<br />
reference guide to UN documents,<br />
listing the articles relevant to<br />
women’s rights.<br />
Women’s Human Rights<br />
Resources – DIANA database<br />
www.law-lib.utoronto.ca/Diana<br />
The website is designed to assist<br />
individuals and organizations in<br />
using international women’s human<br />
rights law to promote women’s rights.<br />
It is part of the DIANA international<br />
human rights database, which<br />
contains a comprehensive list of<br />
electronic materials essential to<br />
human rights research. This site has<br />
a select bibliography of women’s<br />
human rights documents with some<br />
annotations.<br />
Women’s Human Rights Net<br />
(WHRNet)<br />
www.whrnet.org<br />
(English, French and Spanish)<br />
The site provides an overview of<br />
human rights issues, information on<br />
advocacy strategies, news and<br />
events in the area of women’s human<br />
rights, and information on capacity<br />
building resources and training. It<br />
also contains useful links to relevant<br />
organizations and human rights<br />
documents and has an on-line<br />
discussion facility.<br />
Innocenti Digest 6 – Domestic Violence<br />
24<br />
Links<br />
References<br />
1. World Health Organization (1996) ‘Violence Against Women’.<br />
WHO Consultation, Geneva: WHO.<br />
2. Heise L.L., Pitanguy J. and Germaine A. (1994) Violence<br />
against Women. The Hidden Health Burden. Discussion<br />
paper No 225, p.46. Washington DC: The World Bank.<br />
3. General Assembly Resolution 48/104 of 20 December 1993.<br />
4. Hayward, Ruth F. (In Press) Breaking the Earthenware Jar:<br />
Lessons from South Asia to End Violence against Women.<br />
New York: UNICEF.<br />
5. United Nations ECOSOC, Report of the Special Rapporteur<br />
on Violence Against Women, E/CN.4/1996/53.<br />
6. WHO (1999) ‘Putting Women’s Safety First: Ethical and Safety<br />
Recommendations for Research on Domestic Violence<br />
against Women’. WHO/EIP/GPE/99.2 Geneva: World Health<br />
Organization.<br />
7. WHO (1996).<br />
8. Heise (1994).<br />
9. ‘Violence against Women in the Family’, United Nations<br />
(ST/CSDHA/2). New York, 1989.<br />
10. Back et al. (1982) A Study of Battered Women in a Psychiatric<br />
Setting, in Women and Therapy, 13.<br />
11. Hayward (1999).<br />
12. United Nations ECOSOC, Report of the Special Rapporteur<br />
on Violence Against Women, E/CN.4/1996/53.<br />
13. Watts C., Oslam S., and Win E. (1995), The Private is Public:<br />
A Study of Violence in Southern Africa, Harare: Women in<br />
Law and Development in Africa.<br />
14. UNICEF (1999) Women in Transition, Regional Monitoring<br />
Report, No. 6. Florence: UNICEF International Child<br />
Development Centre.<br />
15. The World’s Women 1995: Trends and Statistics. United<br />
Nations, 1995.<br />
16. The Netherlands Department of Justice, 1997.<br />
17. ‘La Situation de la Femme Malienne: Cadre de Vie,<br />
Problèmes, Promotion, Organisations’, Association pour le<br />
Progrès et la Défense des Droit des Femmes Malienne<br />
(APDS) et Fondation Friedrich Ebert &#8211; Bureau Mali, 2000.<br />
18. Benninger-Budel C. and Lacroix A. (1999), Violence against<br />
Women: A Report. Geneva: World Organisation Against<br />
Torture.<br />
19. The U.S. State Department’s annual survey of human rights,<br />
published 25 February, 2000.<br />
20. United Nations ECOSOC, Report of the Special Rapporteur<br />
on Violence Against Women, E/CN.4/1995/42.<br />
21. State of the World’s Children 2000, New York: UNICEF, 2000.<br />
22. UNICEF (1997), Progress of Nations.<br />
23. Benninger-Budel C., et al. op. cit. (1999).<br />
24. Schuler S.R., Hashemi S.M., Riley A.P., and Akhter S., Credit<br />
Programs, Patriarchy and Men’s Violence against Women in<br />
Rural Bangladesh, Soc. Sci. Medicine Vol 43, No 12, pp 1729-<br />
1742, 1996.<br />
25. ECLAC (Economic Commission for Latin America and the<br />
Caribbean) (1992), ‘Domestic Violence against Women in Latin<br />
America and the Caribbean: Proposals for Discussion’, Social<br />
Development Division, Santiago, Chile.<br />
26. UNICEF (1989), ‘The invisible adjustment: Poor women and<br />
economic crisis’, UNICEF, The Americas and Caribbean<br />
Regional Office, Santiago. ‘La situation de la femme malienne:<br />
cadre de vie, problèmes, promotion’ op. cit.<br />
Mazumdar, V. et al. (1995) Changing Terms of Political<br />
Discourse: The Women’s Movement in India, 1970s-1990s,<br />
Economic and Political Weekly, vol. XXX: 29, pp 1866-1878.<br />
27. UNICEF (1999).<br />
28. Ibid.<br />
29. Sen P., Enhancing Women’s Choices in Responding to<br />
Domestic Violence in Calcutta: A Comparison of<br />
Employment and Education. The European Journal of<br />
Development Research, Vol 11, No 2, December 1999, pp. 65-<br />
86.<br />
30. The Human Rights Watch Global Report on Women’s<br />
Human Rights, New York,1995.<br />
31. United Nations ECOSOC, Report of the Special Rapporteur<br />
on Violence Against Women, E/CN.4/1996/53 para 33.<br />
32. US Department of Justice, ‘Violence by Intimates: Analysis of<br />
Data on Crimes by Current or Former Spouses, Boyfriends,<br />
and Girlfriends’, March 1998.<br />
33. Heise (1994).<br />
34. Ibid.<br />
35. García-Moreno C., and Watts C., Violence against Women:<br />
its importance for HIV/AIDS prevention. WHO, March 2000<br />
36. Ibid.<br />
37. Macharia J. K., Women, Law, Customs and Practices in East<br />
Africa: Laying the Foundation.<br />
38. From research carried out by Henry Maina for the Daily<br />
Nation, Kenya, February 2000<br />
39. Jaffe P.G., Wolfe D.A. and Wilson S.K. (1990) Children of<br />
Battered Women. Developmental Clinical Psychology and<br />
Psychiatry, Volume 21, Sage Publications, California.<br />
40. Asling-Monemi, et al. (1999) ‘Violence against women<br />
increases the risk of infant and child mortality. A case reference<br />
study in Nicaragua, 1999’. Cited in Population Reports,<br />
Series L, No 11. Baltimore: Johns Hopkins University.<br />
41. Jeejeebhoy S. J. (1998) Associations Between Wife-beating,<br />
and Foetal and Infant Death. Impressions from a survey in<br />
rural India, Studies in Family Planning 29 (3), pp 300-308.<br />
Cited in Population Reports, 1999.<br />
42. Ganatra B. R. et al. (1998) Too Far, Too Little, Too Late. A community-<br />
based case-controlled study of maternal mortality in<br />
rural-west Maharastra, India, Bulletin of the World Health<br />
Organisation, 76 (6), pp 591-598. Cited in Population Reports,<br />
1999.<br />
43. Heise L., Ellsberg M. and Gottemoeller M. (1999) Ending<br />
Violence against Women. Population Reports, Series L, No<br />
11. Baltimore: Johns Hopkins University School of Public<br />
Health.<br />
44. Ortiz R. et al. (1999), ‘Encuesta Nicaraguense de demografia<br />
y salud’, 1998 (SPA) p. 319 (1998 Nicaraguan demographic<br />
and health survey). Managua, Nicaragua: Instituto Nacional<br />
de Estadisticas y Cebsos.<br />
45. For studies on costs see:<br />
Blumel D.K. et al. (1993). Who Pays? The Economic Costs of<br />
Violence Against Women. Queensland, Australia: Women’s<br />
Policy Unit, Office of the Cabinet.<br />
Day T. (1995) The Health-related Costs of Violence Against<br />
Women in Canada: The Tip of the Iceberg. London, Ontario:<br />
Centre for Research on Violence Against Women and<br />
Children.<br />
Kerr R. et al. (1996) Paying for Violence: Some of the Costs of<br />
Violence Against Women in B.C. Ministry of Women’s<br />
Equality, British Colombia, Canada.<br />
Stanko A. et al. (1998) Counting the Costs: Estimating the<br />
Impact of Domestic Violence in the London Borough of<br />
Hackney. Crime Concern, London.<br />
Yodanis C.L. and Godenzi A. (1999) Report on the economic<br />
costs of violence against women. Fribourg Switzerland:<br />
University of Fribourg.<br />
46. Greaves, Lorraine (1995) ‘Selected Estimates of the Costs of<br />
Violence against Women’. London, Ontario: Centre for<br />
Information sources<br />
25<br />
Innocenti Digest 6 – Domestic Violence<br />
Innocenti Digest 6 – Domestic Violence<br />
26<br />
Information sources<br />
Research on Violence aginst Women and Children<br />
47. Laurence L. and Spalter-Roth R. (1996) ‘Measuring the costs<br />
of domestic violence against women and the cost-effectiveness<br />
of interventions: an initial assessment and proposals for<br />
further research’. Washington DC: Institute for Women’s<br />
Policy Research.<br />
48. World Bank (1993) World Development Report 1993: Investing<br />
in Health. New York: Oxford University Press.<br />
49. Ibid.<br />
50. Buvinic M., Morrison A.R. and Shifter M. (1999) Violence in<br />
the Americas: A Framework for Action in ‘Too Close to Home:<br />
Domestic Violence in the Americas’, Morrison A.R. Biehl M.<br />
L. (eds.). Washington DC: Inter-American Development<br />
Bank.<br />
51. Buvinic M., Morrison, A.R., Shifter M. (1999) op. cit.<br />
52. Morrison A.R. and Orlando M.B. (1999) Social and Economic<br />
Costs of Domestic Violence: Chile and Nicaragua in ‘Too<br />
Close to Home: Domestic Violence in the Americas’.<br />
Washington DC: Inter-American Development Bank.<br />
53. Ibid.<br />
54. Hayward (1999).<br />
55. Garcia-Moreno C. (1999) Violence Against Women, Gender<br />
and Health Equity. Harvard Center for Population and<br />
Development Studies, Working Paper Series 99.15.<br />
Cambridge, Massachusetts.<br />
56. Economic and Social Research Council, Children 5-16<br />
Research Programme, conducted by the Universities of<br />
Warwick, Bristol, North London and Durham. Number 12. For<br />
further information contact Audrey Mullender, University of<br />
Warwick, Audrey.Mullender@warwick.ac.uk<br />
57. Tortured Tradition, by Lauren Goldsmith, The Baltimore Sun,<br />
March 26, 2000; The Niodior Declaration to abandon female<br />
genital cutting, Molly Melching, Director of Tostan, Senegal,<br />
April 7, 2000.<br />
58. Hayward Ruth F. (1997) ‘Needed: A new model of masculinity<br />
to stop violence against girls and women’, UNICEF<br />
Regional Office for South Asia, Kathmandu, Report no. 17;<br />
UNICEF (1997) ‘The Role of Men in the Lives of Children. A<br />
Study of How Improving Knowledge about Men in Families<br />
Helps Strengthen Programming for Children and Women’,<br />
UNICEF, New York.<br />
59. Poppe P. (1999) Partnerships with the Media to Prevent<br />
Domestic Violence, in ‘Too Close to Home: Domestic Violence<br />
in the Americas’ op. cit.<br />
60. Human Rights Watch (1995).<br />
61. Mitra Nishi (1999) Best Practices among Responses to<br />
Domestic Violence in Maharashtra and Madhya Pradesh.<br />
Washington, DC: International Center for Research on<br />
Women (ICRW).<br />
62. WHO (1996).<br />
63. Ibid.<br />
64. Kellermann A.L., Mercy J. A. (1992) Men, women, and murder:<br />
gender-specific differences in rates of fatal violence<br />
and victimization. Journal of Trauma, 33 (1), pp 1-5.<br />
65. Smith T. W., (1995) Changes in Firearm Ownership among<br />
Women, 1980-1994. Journal of Criminal Law and<br />
Criminology, 86, pp 133-149.<br />
66. Smith T. W., (1980) The 75% Solution: an Analysis of the<br />
Structure of Attitudes on Gun Control, 1959-1977. Journal of<br />
Criminal Law and Criminology, 71, pp 300-316. Also Smith, T.<br />
W., (2000)1999 Gun Policy Survey of the National Opinion<br />
Research Center: Research Findings. Chicago: University of<br />
Chicago.<br />
67. For information, see www.unicef.org<br />
68. For information, see www.unifem.undp.org.<br />
69. WHO (1999) ‘WHO Multi-country study of women’s health and<br />
domestic violence. Core protocol’. WHO/EIP/GPE/99.3<br />
Geneva: WHO.<br />
70. WHO (1996) ‘Violence against Women: WHO Consultation’, p<br />
26- 27. Geneva: WHO.<br />
71. For information, contact The United Nations Development<br />
Fund for Women (UNIFEM) at tfvaw.unifem@undp.org, or<br />
visit web site at www.unifem.undp.org.<br />
Selected key readings<br />
While not included in the list of references, the following<br />
materials are invaluable resources on gender issues and/or<br />
domestic violence<br />
Bauer H., and Rodriguez M.A. (1995), Letting Compassion Open<br />
the Door: Battered Women’s Disclosure to Medical Providers.<br />
Cambridge Quarterly of Healthcare Ethics, Vol 4, pp 459-465.<br />
Brasileiro A. M. (1997), Women Against Violence: Breaking the<br />
Silence. New York: UNIFEM.<br />
Bunch C. (1997) The Intolerable Status Quo: Violence against<br />
Women and Girls, in The Progress of Nations. New York:<br />
UNICEF.<br />
Carillo R. (1992) Battered Dreams: Violence against Women as<br />
an Obstacle to Development. New York: UNIFEM.<br />
Clarke R. (1998) Violence Against Women in the Caribbean:<br />
State and Non-State Responses. Barbados: UNIFEM.<br />
Cook R. (ed.) (1994) Human Rights of Women: National and<br />
International Perspectives. Philadelphia: University of<br />
Pennsylvania Press.<br />
Corrin C. (1996) Women in a Violent World: Feminist Analyses<br />
and Resistance Across Europe. Edinburgh: Edinburgh<br />
University Press.<br />
Davies M. (ed.) (1994) Women and Violence: Realities and<br />
Responses Worldwide. London: Zed Books.<br />
Edelson J.L. (1999) Children Witnessing Adult Domestic Violence,<br />
Journal of Interpersonal Violence No 14 (8), pp 839-870.<br />
Ellsberg M. et al. (1997) The Nicaraguan Network of Women<br />
Against Violence: Using Research and Action for Change.<br />
Reproductive Health Matters, No. 10, pp 82-92.<br />
Human Rights Watch (1999) Crime or Custom? Violence against<br />
Women in Pakistan. New York: Human Rights Watch.<br />
International Women’s Tribune Centre (1998) Rights of Women:<br />
A Guide to the Most Important United Nations Treaties on<br />
Women’s Human Rights. New York: International Women’s<br />
Tribune Centre.<br />
Kabeer N. (1998) Money Can’t Buy Me Love? Evaluating<br />
Gender, Credit and Empowerment in Rural Bangladesh. IDS<br />
Discussion Paper 363. Brighton: University of Sussex.<br />
Kelly L. (1996) When Woman Protection is the Best Kind of Child<br />
Protection: Children, Domestic Violence and Child Abuse.<br />
Administration, Vol 44, No. 2 pp 118-135.<br />
Konishi T. (2000) Cultural Aspects of Violence against Women in<br />
Japan, article in The Lancet, Vol. 355, No 9217, pp 1810-12.<br />
Landsberg-Lewis I. (1998) Bringing Equality Home.<br />
Implementing the Convention on the Elimination of All Forms of<br />
Discrimination Against Women. New York: UNIFEM.<br />
Latin American and Caribbean Women’s Health Network (1996)<br />
The Right to Live Without Violence: Women’s Proposals and<br />
Actions. Santiago: Latin American and Caribbean Women’s<br />
Health Network.<br />
Mertus J., Flowers N. and Dutt M (1999) Local Action, Global<br />
Change. Learning about the Human Rights of Women and<br />
Girls. New York: UNIFEM and the Center for Women’s Global<br />
Leadership.<br />
Segal L. (1997) Slow Motion: Changing Masculinities, Changing<br />
Men. London: Virago.<br />
Sen A. (1990) More than One Million Women are Missing. New<br />
York Review of Books, December 20, 1990.<br />
United Nations (1993) Strategies for Confronting Domestic<br />
Violence: A Resource Manual. New York: United Nations.<br />
UNICEF (1999) Programming for Safe Motherhood: Guidelines<br />
for Maternal and Neonatal Survival. New York: UNICEF.<br />
UNIFEM (1999) Women @ Work against Violence: Voices in<br />
Cyberspace. New York: UNIFEM.<br />
WHO (1997) ‘Violence Against Women. Information Kit’.<br />
WHO/FRH/WHD/97.8. Geneva: WHO.<br />
Women, Law and Development International (1996) ‘State<br />
Responses to Domestic Violence: Current Status and Needed<br />
Improvements’. Washington, D.C: Women, Law and<br />
Development International.<br />
Information sources<br />
27<br />
Innocenti Digest 6 – Domestic Violence<br />
Innocenti Digest 6 – Domestic Violence<br />
28<br />
Clipboard<br />
THE INNOCENTI DIGESTS<br />
The UNICEF Innocenti Research Centre, in Florence, Italy, was established in 1988 to<br />
strengthen the research capability of the United Nations Children’s Fund (UNICEF) and<br />
to support its advocacy for children worldwide. The Centre (formally known as the<br />
International Child Development Centre) helps to identify and research current and future<br />
areas of UNICEF’s work. Its prime objectives are to improve international understanding of<br />
issues relating to children’s rights and to help facilitate the full implementation of the<br />
United Nations Convention on the Rights of the Child in both industrialized and developing<br />
countries.<br />
The Innocenti Digests are produced by the Centre to provide reliable and accessible<br />
information on specific child rights issues.<br />
This issue of the Innocenti Digest has been researched and written by Sushma Kapoor,<br />
Consultant to the UNICEF Innocenti Research Centre. It has benefited from the input of<br />
more than 20 international experts who attended the Consultation on Domestic Violence,<br />
held at the UNICEF Innocenti Research Centre in April 2000.<br />
With special thanks to:<br />
Radhika Coomaraswamy, United Nations Special Rapporteur on Violence Against<br />
Women.<br />
The Centre is grateful for input from:<br />
Shahida Azfar, Rosa Bernal, Kiran Bhatia, Misrak Elias, Ruth Finney Hayward, Nigel<br />
Fisher, Claudia Garcia Moreno, Srilakshmi Gururaja, Dale Hurst, Tomoko Ishii, Takako<br />
Konishi, Soledad Larrain, Nicoletta Livi-Bacci, Neill McKee, Zaynab Nawaz, Njoki<br />
Ndung’u, Monica O’Connor, Michael Rodriguez, Rima Salah, Lavinia Shikongo, Fatoumata<br />
Siré Diakité, Susan B. Sorenson, Stephen H. Umemoto, Rukhsana Zia.<br />
The Digest was prepared under the overall guidance of Nigel Cantwell, Maryam<br />
Farzanegan and Mehr Khan.<br />
Previous Digests have addressed:<br />
 Ombudswork for Children<br />
 Children and Violence<br />
 Juvenile Justice<br />
 Intercountry Adoption<br />
 Child Domestic Work<br />
For further information and to download these and other publications, visit the website<br />
at: www.unicef-icdc.org<br />
To order publications contact orders@unicef-icdc.it<br />
UNICEF Innocenti Research Centre<br />
Piazza SS. Annunziata, 12<br />
50122 Florence, Italy<br />
Tel.: (+39) 055 203 30<br />
Fax: (+39) 055 244 817<br />
E-mail (general information): florence@unicef-icdc.it<br />
E-mail (publication orders): orders@unicef-icdc.it<br />
Website: www.unicef-icdc.org<br />
The opinions expressed are those of the authors and editors and do not necessarily reflect the policies or views<br />
of UNICEF.<br />
Extracts for this publication may be freely reproduced provided that due acknowledgment is given to the source<br />
and to UNICEF:<br />
We invite comments on the content and layout of the Digest and suggestions on how it could be improved as<br />
an information tool.<br />
Editor: Angela Hawke<br />
Cover design: Miller, Craig &amp; Cocking, Oxfordshire &#8211; UK<br />
Layout and phototypesetting: Bernard &amp; Co, Siena &#8211; Italy<br />
Front cover picture: © Bernard Chazine, 2000<br />
Printed by Arti Grafiche Ticci, Siena &#8211; Italy<br />
June 2000<br />
DOMESTIC VIOLENCE<br />
AGAINST WOMEN AND GIRLS<br />
This Digest focuses on domestic violence as one of the most prevalent<br />
yet relatively hidden and ignored forms of violence against<br />
women and girls globally. Domestic violence is a health, legal, economic,<br />
educational, developmental and, above all, a human rights<br />
issue. The Digest looks at the magnitude and universality of domestic<br />
violence, and its impact on the rights of women and children. It<br />
emphasizes the need for coordinated and integrated policy responses;<br />
implementation of existing leglisation; and greater accountability<br />
from governments in order to eliminate this violence. Information<br />
on regional and international NGOs working in this area, and suggestions<br />
for further reading are also provided.<br />
UNICEF Innocenti Research Centre<br />
Piazza SS. Annunziata, 12<br />
50122 Florence, Italy<br />
Tel.: (+39) 055 203 30<br />
Fax: (+39) 055 244 817<br />
E-mail (general information): florence@unicef-icdc.it<br />
E-mail (publication orders): orders@unicef-icdc.it<br />
Website: www.unicef-icdc.org<br />
ISSN: 102-3528</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/24/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/24/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/24/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/24/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/24/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=24&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/03/domestic-violence-against-women-girls-of-annie-get-your-gun/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title></title>
		<link>http://lawindex.wordpress.com/2008/02/03/23/</link>
		<comments>http://lawindex.wordpress.com/2008/02/03/23/#comments</comments>
		<pubDate>Sun, 03 Feb 2008 21:44:44 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/03/23/</guid>
		<description><![CDATA[Q &#8211; What every happened to the &#8220;One Slap Don&#8217;t Count Law&#8221;? A &#8211; Went the same way as &#8220;The one Bite Rule&#8221; for dogs only it is harder to put a muzzle on a wife-beater.  And you thought that &#8220;Wife-Beater&#8221; wa a kind of undershirt for &#8211; what else&#8221; -ignorant sons of bitches with big [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=23&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>Q &#8211; What every happened to the &#8220;One Slap Don&#8217;t Count Law&#8221;?</p>
<p>A &#8211; Went the same way as &#8220;The one Bite Rule&#8221; for dogs only it is harder to put a muzzle on a wife-beater.</p>
<p> And you thought that &#8220;Wife-Beater&#8221; wa a kind of undershirt for &#8211; what else&#8221; -ignorant sons of bitches with big fists.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/23/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/23/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/23/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/23/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/23/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=23&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/03/23/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
		<item>
		<title>CIA&#8217;s mission should follow its prime skills &#8211; Director R. James Woolsey mistakenly steers agency away from its real purpose</title>
		<link>http://lawindex.wordpress.com/2008/02/02/cias-mission-should-follow-its-prime-skills-director-r-james-woolsey-mistakenly-steers-agency-away-from-its-real-purpose/</link>
		<comments>http://lawindex.wordpress.com/2008/02/02/cias-mission-should-follow-its-prime-skills-director-r-james-woolsey-mistakenly-steers-agency-away-from-its-real-purpose/#comments</comments>
		<pubDate>Sat, 02 Feb 2008 03:29:42 +0000</pubDate>
		<dc:creator>No Attribution</dc:creator>
				<category><![CDATA[CIA]]></category>
		<category><![CDATA[domestic law]]></category>
		<category><![CDATA[law enforcement]]></category>

		<guid isPermaLink="false">http://lawindex.wordpress.com/2008/02/02/cias-mission-should-follow-its-prime-skills-director-r-james-woolsey-mistakenly-steers-agency-away-from-its-real-purpose/</guid>
		<description><![CDATA[Bruce Fein The CIA is headed for irrelevancy or redundancy if it continues the reorientation recently charted or acquiesced to by its new director, James Woolsey. According to the new thinking, the agency&#8217;s exertions should be directed substantially to counterterrorism, international drug trafficking, arms proliferation, international economics, industrial espionage and domestic law enforcement. But compared [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=15&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p><b><br />
</b></p>
<p>Bruce Fein The CIA is headed for irrelevancy or redundancy if it continues the reorientation recently charted or acquiesced to by its new director, James Woolsey.</p>
<p>According to the new thinking, the agency&#8217;s exertions should be directed substantially to counterterrorism, international drug trafficking, arms proliferation, international economics, industrial espionage and domestic law enforcement. But compared with sister government departments or agencies, the agency lacks any unique expertise or capability to discharge these important tasks.</p>
<p>The CIA&#8217;s prime mission should follow its prime skill &#8212; namely, analytical studies of foreign governments and politics, the cultivation of Western-style democracy abroad, human source intelligence collection, research and analysis and covert action. Achieving this mission would largely make moot the problems addressed by the agency&#8217;s recent redirection.</p>
<p>The FBI is best suited to combat international terrorism. FBI agents possess the experience, investigatory expertise and knowledge required to identify terrorists and build the evidence for successful prosecutions. The latter requires mastery of complex legal rules regarding searches, seizures, interrogation, hearsay and chain-of-custody evidence.</p>
<p>The FBI enjoys a worldwide network of agents and cooperation agreements with foreign and international organizations, such as Interpol. Its criminal jurisdiction extends to terrorism directed against U.S. citizens both at home and abroad.</p>
<p>If the CIA happens upon evidence of terrorism that could assist the FBI or foreign governments, it certainly should share the information. But nothing in the agency&#8217;s charter, historical experience or skills suggests that counterterrorism, in isolation, should be a primary mission.</p>
<p>The same can be said of international drug trafficking. The FBI, the U.S. Customs Service and even the military are dedicated to international drug issues. Why duplicate these exertions using scarce CIA resources? Its agents, moreover, are generally unschooled in law enforcement complexities.</p>
<p>Chemical, biological and nuclear weapons proliferation could threaten the United States and international peace, but the magnitude of the threat seems somewhat exaggerated. The CIA should pay close attention to those issues. But weapons proliferation concerns generally seem under the natural purview of the U.S. Arms Control and Disarmament Agency or the United Nations. The CIA should provide information to assist ACDA and seek destruction of menacing weapons, plants, equipment or substances through covert action.</p>
<p>The CIA should help in identifying arms control treaty violations with clandestine sources and methods, as it did, for example, in the Cuban missile crisis of 1962. The agency should scrutinize any nation&#8217;s weapons capability in conjunction with evaluating its offensive and defensive military strengths and forecasting its foreign policy posture.</p>
<p>CIA tracking of weapons proliferation, however, should not, simpliciter, be a chief objective. Historically, arms control violations and proliferation have become problems not because of international ignorance of growing threats, but because of an unwillingness of the international community to act. Germany&#8217;s blatant World War II violation of the Versailles Treaty in collaboration with the Soviet Union is illustrative.</p>
<p>CIA preoccupation with international economics is for the most part a waste of resources. The Federal Reserve Board and the Treasury Department possess a wealth of expertise and experience to gauge international economic trends. Anything the CIA might contribute would be marginal to national security. Ditto with regard to industrial espionage. Any nation that must steal technology or business secrets to boost its economy is doomed for penury. Substantial KGB resources dedicated to economic espionage on behalf of the Soviet economy were virtually wasted. When the CIA puts an emphasis on industrial espionage, it is at the nadir of its agenda.</p>
<p>The CIA&#8217;s charter expressly bans the exercise of domestic &#8220;law-enforcement powers.&#8221; To relax that prohibition would seem improvident. CIA agents would need to master the criminal code and rules of evidence. They might be compelled to testify in court or reveal intelligence sources and methods to satisfy the Constitution.</p>
<p>A pair of bank scandals implicating foreign governments and personages &#8212; BCCI and BNL &#8212; have propelled the agency into domestic law enforcement commitments to mollify Congress. The CIA seems pledged to collaborate with the Justice Department, the Treasury Department, the Federal Reserve Board and other law enforcement agencies in the gathering of evidence abroad to prove a violation of domestic law. Without amending the CIA charter, the contemplated partnerships in domestic law enforcement would be illegal. And an authorizing amendment would seem unwise. Schooling CIA agents in the criminal code and rules of evidence would distract them from their chief tasks of intelligence collection and analysis and the planning and execution of covert action.</p>
<p>CIA analysts are uniquely situated to pursue deep understanding of the domestic and international politics of every foreign nation. Their chief task should be understanding the prevailing political personalities and institutions of foreign countries and foreseeing changes likely to prompt friendly or unfriendly relations with the United States. For instance, CIA covert action helped save France, Germany, Italy and the Philippines from communism after World War II.</p>
<p>The CIA should not dissipate its resources seeking a new mission. Even though Soviet communism disintegrated in 1991, it is still important to use human agent sources, research and analysis and covert action change international affairs.</p>
<p>These tasks should predominate the CIA.</p>
<br /><img alt="" border="0" src="http://feeds.wordpress.com/1.0/categories/lawindex.wordpress.com/15/" /> <img alt="" border="0" src="http://feeds.wordpress.com/1.0/tags/lawindex.wordpress.com/15/" /> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawindex.wordpress.com/15/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawindex.wordpress.com/15/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawindex.wordpress.com/15/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawindex.wordpress.com&amp;blog=2393105&amp;post=15&amp;subd=lawindex&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawindex.wordpress.com/2008/02/02/cias-mission-should-follow-its-prime-skills-director-r-james-woolsey-mistakenly-steers-agency-away-from-its-real-purpose/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/c3fa6e8260da2e5da7dcd6c85e742187?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">No Attribution</media:title>
		</media:content>
	</item>
	</channel>
</rss>
