UNITED
NATIONS
Distr.
Economic and Social GENERAL
Council
E/CN.4/1999/68
10 March 1999
Original: ENGLISH
CO ISSION ON HUMP N RIGHTS
Fifty—fifth session
Item 12 (a) of the provisional agenda
INTEGRATION OF THE HUMP N RIGHTS OF WOMEN
AND THE GENDER PERSPECTIVE
VIOLENCE AGAINST WOMEN
Violence against women in the family
Report of the Special Rapporteur on violence against women, its
causes and conseguences, Ms. Radhika Coomaraswamy, submitted in
accordance with Commission on Human Rights resolution 1995/85
E
GE.99—11354 (E)
E/CN. 4/1999/68
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CONTENTS
Paraora hs Paoe
Introduction . . 1 - 2 3
I. WORKING METHODS AND ACTIVITIES . . . 3 - 5 3
II. FAMILY AND VIOLENCE: DEFINITIONS . . . . 6 - 18 4
III. AN EVOLVING LEGAL FRAMEWORK . . . . . 19 - 27 7
IV. FINDINGS . . 28 — 241 10
A. General trends . . 28 — 34 10
B. State submissions . . . . 35 — 188 11
1. Africa . . . . . 35 — 42 11
2. Asia and the Pacific . . 43 - 70 12
3. Latin America and the Caribbean . . . . 71 - 113 16
4. Middle East . . 114 — 132 22
5. Europe and North America . . . . . 133 — 188 24
C. Non—governmental submissions ... . . 189 — 241 31
V. CONCLUSION . . 242 - 243 39
Ann cxc s
I. State responses to domestic violence . . . 41
II. Liechtenstein . . . . . 46
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Introduction
1. The Corimission on Human Rights, at its fifty-fourth session, in
resolution 1998/52, welcomed the report of the Special Rapporteur on violence
against women, its causes and consequences (E/CN.4/1998/54 and Add.1) and
commended her for her analysis of violence in the family, violence in the
community, and violence as perpetrated and/or condoned by the State.
2. The present report 1/ focuses on States' compliance with their
international obligations with respect to domestic violence, specifically in
terms of the 1996 report of the Special Rapporteur on violence in the family
(E/CN.4/1996/53) . In that report, the Special Rapporteur set forth 10 general
and 23 specific recommendations to guide State action with respect to violence
against women in the family.
I. WORKING METHODS AND ACTIVITIES
3. In an attempt to provide a systematic review of States' compliance with
their international obligations with respect to domestic violence, the Special
Rapporteur requested Governments to provide her with a written account and
copies of the measures taken since 1994, in the context of those which existed
prior to that time, to bring State policy and practice into compliance with
the recommendations.
4. In particular, the Special Rapporteur sought the following information,
first from Governments and subsequently from NGOs:
W 1 • National plans of action: Because of the nature of domestic
violence, its prevalence, persistence and high incidence throughout the
world, States must develop comprehensive strategies to cor at domestic
violence and provide remedies for victims of domestic violence. The
Special Rapporteur seeks information on the strategies that have been
adopted to address domestic violence.
w2. Statistics: In order to evaluate the impact of law and policies
on the incidence of domestic violence and reporting, up—to—date
statistical data should be collected and recorded in a public forum.
The Special Rapporteur seeks copies of official statistics compiled by
the State in relation to domestic violence.
W3• Training: Training must be instituted for the police,
prosecutors, forensic experts and the judiciary in order to combat the
traditional insensitivity of the criminal justice system in addressing
complaints of domestic violence. The Special Rapporteur seeks
information regarding the training programmes that have been instituted
to train and sensitize more adequately the various components of the
criminal justice system on the issue of domestic violence.
W4• Support services for victims: In addition to criminalizing
domestic violence, services must be provided to meet the many needs,
including safety, economic, housing, employment and child—care needs, of
the victim. The Special Rapporteur requests information regarding
victim support services provided by either the State or NGOs.”
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5. Owing to limitations of space and the specific focus of the present
report on violence in the family, the Special Rapporteur has restricted her
reporting to measures adopted to combat or provide remedies for violence
against women in the family. Despite the specificity of the request, most
States provided information of both a specific and a general nature, i.e. on
domestic violence, but also on violence against women or the status of women.
While the Special Rapporteur appreciates the depth of some State responses,
owing to limited space, she was unable to include information of a general
nature in this report. The Special Rapporteur noted a general pattern in
State reporting: information on domestic violence was generally labelled,
highlighted, and often included relevant dates.
II. FAMILY AND VIOLENCE: DEFINITIONS
6. Defined in both international and national law as the natural and
fundamental unit of society, the family has been the focus of very little
scrutiny under international law. This is largely a consequence of the
traditional division between the public and private spheres and the emphasis
in human rights discourse on public sphere violations. Increasingly, however,
this is changing. No longer are human rights guarantees restricted solely to
the public sphere. They likewise apply to the private realm, including within
the family, and oblige the State to act with due diligence to prevent,
investigate and punish violations therein.
7. The State, through legal and moral regulation, plays an important role
in family life, as well as an important role in determining the status, rights
and remedies of individual family actors. Women's traditional familial roles
are enshrined in secular and religious laws on, inter alia , sexuality,
violence (including marital rape or the lack thereof) , privacy, divorce,
adultery, property, succession, employment, and child custody. Such laws
validate and entrench the dominant ideology of the traditional family and the
woman's position within it. Familial ideology is often Janus faced. On the
one hand, it offers private space for nurturing and intimacy. On the other
hand, it is often the site of violence against women and social constructions
of women's role in society that are disempowering.
8. Throughout the world, there exist divisions between the dominant,
normative ideal of the family and the empirical realities of family forms.
Whether the ideal is the nuclear family or a variation of the joint or
extended family, such ideals in many cases are not wholly consistent with the
realities of modern family forms. These family forms include, in increasingly
large numbers, female—headed households in which women live alone or with
their children because of choice (including sexual and employment choices),
widowhood, abandonment, displacement or militarization. For example, one
researcher has identified 11 distinct family forms in India alone: nuclear,
supplemental nuclear, sub—nuclear, single parent, supplemental single parent,
collateral joint, supplemental collateral joint, lineal joint, supplemental
lineal joint, lineal—collateral joint and supplemental lineal collateral. Z/
9. Despite such differences, however, the culturally—specific,
ideologically dominant family form in any given society shapes both the norm
and that which is defined as existing outside of the norm and, hence,
classified as deviant. Thus, the dominant family structure — whether it is
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dominant in fact or merely in theory — serves as a basis against which
relationships are judged. Further, it serves as the standard against which
individual women are judged and, in many cases, demonized for failing to
ascribe to moral and legal dictates with respect to family and sexuality. The
extent to which such concepts apply to and have an impact upon women's lives
is mediated by class, caste, race, ethnicity, access to resources and other
ways in which women are marginalized. The dominance of familial ideology both
within and outside the walls of the family home entrenches women's roles as
wives and mothers and impedes women's access to non—traditional roles. Such
ideology exposes women to violence both within and outside the home by
enforcing women's dependent status, particularly among poor and working class
women, and by exposing those women who do not fit within or ascribe to
traditional sex roles to gender—based hate crimes. 3/ Such demonization fuels
and legitimates violence against women in the form of sexual harassment, rape,
domestic violence, female genital mutilation, forced marriages, honour
killings and other forms of femicide.
10. It is important to understand that feminist critiques of the oppressive
and violent aspects of traditional family forms are neither “anti—family” nor
an attempt to destroy the family. Increasingly women's human rights defenders
are coming under attack for, among other things, challenging traditional
notions of the family. Public denouncements, accusations, harassment and
physical violence are increasingly employed against women's human rights
defenders. Commentators argue that in order to ensure that women's human
rights are protected in both public and private life, the acceptance of
non—traditional family forms is necessary. It is essential to recognize the
potential for and work to prevent violence against women and the oppression of
women within all family forms.
11. International standards articulating norms with respect to marriage and
the family have focused, until recently, on issues of marital consent, privacy
and children. The Universal Declaration of Human Rights (art. 16) and the
International Covenants on Civil and Political Rights (art. 23) and on
Economic, Social and Cultural Rights (art. 10) all articulate the right to
marry and found a family with free and full consent. The Internal Covenant on
Civil and Political Rights also articulates the equality of rights of spouses
as to marriage, during marriage and at its dissolution (art. 23.4) . Such
rights are set forth in more detail in the Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages (1962)
12. All international human rights texts underscore the notion of choice
(i.e. free and full consent) as the basis for forming a family. The
Convention on the Elimination of All Forms of Discrimination against Women
took a significant additional step in calling for the elimination of
wdiscrimination against women in all matters relating to marriage and family
relations”, not only in terms of the right to enter into marriage with free
and full consent and equal rights and responsibilities during marriage and its
dissolution, but also in terms of equal rights with respect to reproduction,
child—rearing, custody, property and protection against child marriage
(art. 16) . In its General Recommendation 19 the Corimittee on the Elimination
of Discrimination against Women (CEDAW) went one step further by recognizing
violence against women, including within the family, as a form of
discrimination.
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13. The Programme of Action adopted by the International Conference on
Population and Development affirms the plurality of family forms and
recognizes that there is no universal family model. Juxtaposed with the
articulation of the family as the basic unit of society is the recognition
that the family is socially constructed and thus is affected and transformed
by demographic and socio—economic changes. International standards may
influence those changes positively by requiring that consent and equality
remain the basic principles around which such relationships are reconstructed.
14. Further, while, traditionally human rights texts have given protection
to families on the basis of the full and free consent of partners,
international norms have now also begun to address the question of sexual
autonomy and the right to privacy of individual human beings. Paragraph 96 of
the Beijing Platform for Action states, for example, that “the human rights of
women include their right to have control over and decide freely and
responsibly on matters relating to their sexuality, including their sexual and
reproductive health, free of discrimination, coercion and violence”.
15. One of the primary ways in which dominant familial ideology affects
women, as well as men, is through dictates on sexuality. The European Court
of Human Rights has recognized same sex marriage as an aspect of article 8, on
the right to private life, of the European Convention. In 1994, the Human
Rights Corimittee found that Tasmania's discriminatory sodomy laws were a
violation of articles 7 and 2.1 of the International Covenant on Civil and
Political Rights. The Committee read the category of “sex” in the list of
prohibited bases for discrimination in articles 2 and 26 of that Covenant as
covering sexual orientation. Asylum law in some countries has also recognized
the need to bring sexual orientation within the gambit of international human
right's protection. The Office of the United Nations High Commissioner for
Refugees has recognized in an advisory opinion that lesbians and gay men
constitute “members of a particular social group” for the purposes of refugee
recognition.
16. As set forth in her first report on domestic violence, the Special
Rapporteur calls for a broad understanding of family to include the
multiplicity of family forms and provide protection for those within the
family, irrespective of family form. The Special Rapporteur has received
information about numerous forms of violence against women in the family,
including but not limited to traditional forms such as wife battery and
domestic assault. The Special Rapporteur has adopted an expansive definition
of violence in the family to include “violence perpetrated in the domestic
sphere which targets women because of their role within that sphere or as
violence which is intended to impact, directly and negatively, on women within
the domestic sphere. Such violence may be carried out by both private and
public actors and agents. This conceptual framework intentionally departs
from traditional definitions of domestic violence, which address violence
perpetrated by intimates against intimates, or equates domestic violence with
woman-battering” (E/CN.4/1996/53, para. 28).
17. Violence within the family comprises, inter alia , woman—battering,
marital rape, incest, forced prostitution, violence against domestic workers,
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violence against girls, sex—selective abortions and female infanticide,
traditional violent practices against women including forced marriage, son
preference, female genital mutilation and honour crimes.
18. Honour crimes were not addressed in the Special Rapporteur's earlier
report. Since then numerous communications have been sent to her concerning
such crimes against women, whereby the family kills a female relative deemed
to have defiled the honour of the family. Reportedly, honour crimes are legal
in Lebanon. Honour is defined in terms of women's assigned sexual and
familial roles as dictated by traditional family ideology. Thus, adultery,
premarital relationships (which may or may not include sexual relations) , rape
and falling in love with an “inappropriate” person may constitute violations
of family honour. In many cases, as in cases reported to the Special
Rapporteur from Turkey, the male members of the family meet to decide on the
execution of the woman. Once this has been decided, the family will often
give the woman the opportunity to corimit suicide. If she refuses to kill
herself, one of the male family members will be forced to kill her.
Adolescent boys are often compelled to commit the murder because they will
receive a light sentence. The Special Rapporteur is gravely concerned about
the practice of honour killing and is seeking additional information about
such violence and measures that are being undertaken to combat it.
III. AN EVOLVING LEGAL FRAMEWORK
19. International standards clearly prohibit violence against women in the
family.
20. According to the United Nations Declaration on the Elimination of
Violence against Women, violence against women shall be understood to
encompass, but not be limited to: physical, sexual and psychological violence
occurring in the family, including battering, sexual abuse of female children
in the household, dowry—related violence, marital rape, female genital
mutilation, and other traditional practices harmful to women, non—spousal
violence and violence related to exploitation. (Declaration on the
Elimination of Violence against Women, art. 2, (General Asser ly
resolution 48/104)
21. General Recorimendation 19 of CEDAW states that violence against women,
including violence in the family, is discrimination within the terms of the
Convention on the Elimination of All Forms of Discrimination against Women
(para. 31, see document A/47/38)
22. Violence against women in the family raises the jurisprudential issue of
State responsibility for private, non—State actors. In her previous report on
violence in the family the Special Rapporteur outlined three doctrines put
forward by scholars and experts in international law in attempting to deal
with this issue of violence against women by private actors. The first, taken
from the international law doctrine of State responsibility, was that States
have a due diligence duty to prevent, investigate and punish international law
violations and pay just compensation. The second doctrine is related to the
question of equality and equal protection. If it can be shown that law
enforcement discriminates against the victims in cases involving violence
against women, then States may be held liable for violating international
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human rights standards of equality. Finally, scholars have also argued that
domestic violence is a form of torture and should be dealt with accordingly.
23. The principle of “due diligence” is gaining international recognition.
In accordance with article 4 of the Declaration on the Elimination of Violence
against Women, States must “exercise due diligence to prevent, investigate
and, in accordance with national legislation, punish acts of violence against
women, whether those acts are perpetrated by the State or by private persons”.
General Recorimendation 19 of CEDAW states that “under general international
law and specific human rights covenants, States may also be responsible for
private acts if they fail to act with due diligence to prevent violations of
rights, or to investigate and punish acts of violence, and for providing
c 0 mp ens a t i on”.
24. The due diligence standard of State responsibility for private actors
was discussed in detail by the Inter-American Court of Human Rights in the
judgement of the Velasquez-Rodriguez case handed down on 29 July 1988. In
that case, the Government of Honduras was held responsible for violating human
rights in the case of disappearances. The Court found that:
wAn illegal act which violates human rights and which is initially not
directly imputable to the State (for example, because it is the act of a
private person or because the person responsible has not been
identified) can lead to international responsibility of the State, not
because of the act itself but because of the lack of due diligence to
prevent the violation or to respond to it as required by the
Convention.”
Further, the Court held that:
wThe State has a legal duty to take reasonable steps to prevent human
rights violations and to use the means at its disposal to carry out a
serious investigation of violations committed within its jurisdiction,
to identify those responsible, to impose the appropriate punishment and
to ensure the victim adequate compensation. This obligation implies the
duty of State parties to organize the governmental apparatus and, in
general, all the structures through which public power is exercised, so
that they are capable of juridically ensuring the free and full
enjoyment of human rights.”
25. On her field visits concerning violence against women by private actors,
the Special Rapporteur has attempted to assess State adherence to the due
diligence standard. In so doing, she has relied upon the Declaration on the
Elimination of Violence against Women and upon General Recommendation 19 of
CEDAW and has considered information provided in response to the following
questions:
(i) Has the State Party ratified all the international human rights
instruments including the Convention on the Elimination of All
Forms of Discrimination against Women?
(ii) Is there constitutional authority guaranteeing equality for women
or the prohibition of violence against women?
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(iii) Is there national legislation and/or administrative sanctions
providing adequate redress for women victims of violence?
(iv) Are there executive policies or plans of action that attempt to
deal with the question of violence against women?
(v) Is the criminal justice system sensitive to the issues of violence
against women? In this regard, what is police practice? How many
cases are investigated by the police? How are victims dealt with
by the police? How many cases are prosecuted? What type of
judgements are given in such cases? Are the health professionals
who assist the prosecution sensitive to issues of violence against
women?
(vi) Do women who are victims of violence have support services such as
shelters, legal and psychological counselling, specialized
assistance and rehabilitation provided either by the Government or
by non—governmental organizations?
(vii) Have appropriate measures been taken in the field of education and
the media to raise awareness of violence against women as a human
rights violation and to modify practices that discriminate against
women?
(viii) Are data and statistics being collected in a manner that ensures
that the problem of violence against women is not invisible?
26. In 1998 the first case raising the issue of domestic violence as a
violation of human rights was brought before an international tribunal, the
Inter—American Commission on Human Rights. According to the arguments made in
the Pamela Ramjattan case, the Government of Trinidad and Tobago breached
Ms. Ramjattan's rights when it convicted her of murder and sentenced her to
death after failing to consider mitigating factors specific to Ms. Ramjattan's
experience as a battered woman. Ms. Ramjattan testified at her trial and has
subsequently given sworn evidence that she was subjected to severe forms of
domestic violence throughout her eight year common—law marriage. Reportedly,
the police, legal aid lawyers, prison authorities, the courts and the
Government of Trinidad and Tobago failed to consider the violent abuse which
Ms. Ramjattan and her children were subjected to, and the effect of the abuse
on her state of mind and her actions.
27. Under the Declaration, Recorimendation 19 of CEDAW (Trinidad and Tobago
ratified the Convention on the Elimination of All Forms of Discrimination
against Women in 1990), the American Convention on Human Rights and the
Inter—American Convention on the Prevention, Punishment and Eradication of
Violence against Women, Ms. Ramjattan's right to life, fair trial, equal
protection of the law and non—discrimination on the grounds of sex were
reportedly violated. Although the Commission has not yet reached a conclusion
in the case, the fact that it has been brought before the Corimission is, in
itself, an important step in the international movement to guarantee women's
human rights. The Special Rapporteur remains concerned about Ms. Ramjattan
and is watching the case with interest.
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IV. FINDINGS
A. General trends
28. In the Spring of 1998, the Special Rapporteur sent a note verbale to
Governments, requesting them to provide her with information about initiatives
taken with regard to violence against women in the family. Subsequently, she
sought the same information from non—governmental sources. In both
governmental and non—governmental responses, there were common trends,
positive and negative. Overwhelmingly, Governments presented a picture which
suggested that they are taking steps, as small as they may sometimes be, to
address violence in the family. Governments have begun to acknowledge that
violence against women in the family is a serious social issue that should be
confronted. Formal provisions and policies have been adopted in many States.
29. The Special Rapporteur would like to highlight the encouraging trend in
Latin America and the Caribbean to adopt specific legislation on domestic or
intra—family violence. Thus far in the 1990s, 12 Latin American and Caribbean
countries have adopted such legislation. The Special Rapporteur welcomes
these initiatives and encourages Governments to ensure effective
implementation. 4/
30. Generally, as testified to in non—governmental submissions from all
regions, however, there is a lack of coordination between the State and civil
society in working towards the effective implementation of formal provisions
and policies. While some States make an active attempt to consult and include
civil society representatives in the process of developing and implementing
laws and policies, others have maintained a distant and, at times,
antagonistic relationship with NGOs. Overwhelmingly, Governments lack the
necessary expertise to develop and implement policy relating to violence
against women. Government actors generally, and those within the criminal
justice system in particular, continue to subscribe to outdated myths about
the role of women in society and the family, and about causes of violence in
the family. Systematic training and gender awareness programmes are essential
if policies are to be implemented by the criminal justice system.
31. Many States continue to make the erroneous link between alcohol and
violence. While alcohol does in many cases exacerbate violence, alcohol does
not itself cause violence against women. The focus on alcohol or drugs,
rather than on male patriarchal ideology, which has as its ultimate expression
male violence against women, undermines the anti—violence movement. Further,
resources that should be allocated for support, training and systems'
development in respect to family violence against women, is instead allocated
to combat alcohol and drug use and provide services to alcoholics and
drug—abusers. While such services may be necessary, they should not detract
from resource support for violence against women programming.
32. Increasingly, States are using cultural relativist claims to avoid
responsibility for positive, anti—violence action. The recognition of
heterogeneous or multicultural communities is not at odds with developing
comprehensive and multifaceted strategies to combat domestic violence. In all
communities, the root causes of domestic violence are similar, even when the
justifications for such violence or the forms of such violence vary.
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33. Many Governments continue to classify women, children, the elderly, the
disabled or any corcJiination of these together as one social group. This
arises from the paternal nature of the State, which seeks to protect
wvulnerable groups. While distinct measures must be developed to combat
violence against women and provide remedies and support to victim—survivors,
the emphasis must be on empowerment rather than care — on social justice
rather than social welfare. Women must be treated, in fact and in law, as
full citizens, endowed with rights and reason.
34. There is a continuing emphasis on mediation and counselling by police or
mediation boards in cases of violence in the family. Police efforts to
counsel victims in such cases, which often includes mediation between victim
and perpetrator, may serve to undermine the seriousness of crimes of violence
against women and, in many instances, may heighten the risk for the victim.
While the police, as the gatekeepers to the criminal justice system, are in a
unique position to link victims with support structures, police officers
should not themselves serve as counsellors or mediators. This confuses the
role of the police in the minds of the community and may send a message to the
victim of domestic violence that the violence perpetrated against her is not
serious enough to warrant the intervention of the criminal justice system.
B. State submissions 5/
1. Africa
Mauritius
35. Plan of action: The Special Rapporteur welcomes the creation of the
Protection from Domestic Violence Act, which was implemented in two stages, on
25 May 1997 and 8 March 1998. The Act not only criminalizes acts of domestic
violence, but also provides for protection orders, occupation orders (through
which the victim is granted exclusive rights to live in the residence for up
to 24 months), tenancy orders (through which the victim is given the exclusive
right to occupy a rented residence), and proceedings to be held in camera.
The Special Rapporteur is encouraged to note that the Government sought
outside, non—governmental expertise to: (i) develop a coherent policy and
strategy for domestic violence; (ii) propose a set of legal measures; and
(iii) implement a framework for training local staff.
36. Statistics: The Special Rapporteur is encouraged to note that the
Protection from Domestic Violence Act (1997) provides a mechanism to track the
number of reported cases of domestic violence. Since August 1997, 700 cases
had been recorded by the Ministry and 127 protection orders and 200 interim
protection orders had been issued.
37. Training: Reportedly, an aspect of the work of the Domestic Violence
Intervention Units is to conduct training programmes for staff, police and
social workers.
38. Support services: The Special Rapporteur welcomes the establishment of
a decentralized Domestic Violence Intervention Unit in five regions, but
encourages the Government to ensure a coordinated national response.
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Morocco
39. Plan of action: The Special Rapporteur is encouraged to note the
Minister for Human Rights' sensitivity to issues of violence against women and
encourages the Government to devise a comprehensive plan to address violence
against women generally and domestic violence specifically.
40. Statistics: The Special Rapporteur regrets that no statistics were made
available by the Government.
41. Training: The Special Rapporteur regrets that systematic domestic
violence training was not reported.
42. Support services: The Special Rapporteur notes with interest the
commitment of the Government to proceed systematically, in collaboration with
civil society actors, to create centres to hear and provide assistance to
women victims of violence. She urges the Government to ensure that these
centres provide services to meet the particular needs of battered women.
2. Asia and the Pacific
Australia
43. Plan of action: The Special Rapporteur welcomes the initiative,
Partnerships Against Domestic Violence, which came out of the National
Domestic Violence Summit (Nover er 1997) . This initiative calls for
coordination between the Corcmonwealth, states and territories throughout
Australia.
44. As a responsibility of each state and territory, laws on domestic
violence vary and, therefore, model domestic violence laws are currently under
review. The Special Rapporteur welcomes efforts to systematize the law, as
well as the efforts made in Victoria and the Northern Territory to tailor
strategies specifically for indigenous communities. The Special Rapporteur
encourages the Government to work with indigenous women to accomplish this
objective.
45. Statistics: The Special Rapporteur regrets that specific statistics
with respect to domestic violence were not provided.
46. Training: The Special Rapporteur welcomes ongoing training programmes
aimed at increasing identification of women who have experienced violence and
at improving responses to these women by a range of service providers, in
particular welfare workers, police officers, the staff of local courts, police
prosecutors, emergency personnel and general practitioners. While the Special
Rapporteur welcomes general training in respect to gender bias, she encourages
the Government to ensure systematic training is undertaken with respect to
domestic violence.
47. Support services: The Special Rapporteur welcomes the many initiatives
to provide support services to victim—survivors of violence in the family, in
particular in the form of: transitional support and accorimodation; outreach
to rural women; the development of health services to meet the particular
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needs of victim—survivors of domestic violence; bilingual outreach and
materials for indigenous women in remote communities; access to Internet
facilities for women and victims of violence to gain access to relevant
information and services; information and services for battered immigrant
women.
Japan
48. Plan of action: The Special Rapporteur welcomes the focus, in the Plan
for Gender Equality 2000, on the elimination of all forms of violence against
women, as well as the use of the definition of violence against women
contained in the Declaration on the Elimination of Violence against Women:
wany act of gender—based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including
threats of such acts . . . whether occurring in public or private life”.
49. Statistics: The Special Rapporteur regrets that she was unable to
understand the statistics provided by the Government.
50. Training: While the information provided indicated that training of
police and prosecutors is being undertaken with respect to violence against
women generally, the Special Rapporteur encourages the Government to include
systematic training concerning domestic violence as well.
51. Support services: The Special Rapporteur is concerned by reports that
w [ t]he police has been improving its counselling system to alleviate the
mental burden of the victimized women”. As of April 1996, Japan had 307
wdaily life support facilities for mothers and children”, with a capacity of
6,043 families. These facilities provide accommodation for “women having no
spouse or women under equivalent circumstances together with their dependent
children”, which includes battered women and their children. The Special
Rapporteur would like to stress the need for separate shelters for battered
women and their children. The point at which a woman leaves her violent home
is the point at which she is in greatest danger of physical harm, including
death. General homes for women fail to provide appropriate services or secure
facilities that address the safety issues that arise for women leaving violent
homes and the particular emotional needs of battered women and their children.
Confidential shelter sites or highly secure shelters may be the only way to
ensure such women's safety. Furthermore, there is a need for staff trained in
crisis counselling for women and for child victims of family violence. The
Special Rapporteur would encourage the Government of Japan to create specific
mechanisms to address the above needs.
Mya nma r
52. Plan of action: Although the Special Rapporteur is encouraged to note
the inclusion of violence against women in the 1997 National Action Plan for
the Advancement of Women (August 1997) , she regrets that information was not
provided with respect to domestic violence. There is no indication that
domestic violence has been admitted by the Government to be a problem.
Further there is no indication that specific measures are being taken to
E/CN. 4/1999/68
page 14
address domestic violence. Official denial of the existence of the problem
may serve as an obstacle to victim reporting of such violence. The lack of
reporting in turn may fuel the denial.
53. Statistics: The Special Rapporteur regrets that no statistics were
provided.
54. Training: The Special Rapporteur is encouraged to note that general
training on violence against women for police, prosecutors, judicial personnel
and prison officials was included in the National Action Plan as a goal for
the year 2000 and encourages the Government to include specific training
programmes on domestic violence within their general violence against women
training. The Special Rapporteur seeks additional information about how the
National Action Plan is being implemented with respect to training.
55. Support services: The Special Rapporteur welcomes the provision for a
wwell funded drop—in centre for women victims of violence” in the National
Action Plan as an objective to be reached by the year 2000. She encourages
the Government to ensure appropriate services are provided for
victim—survivors of violence against women in the family.
New Zealand
56. Plan of action: The Special Rapporteur welcomes both the Government's
Statement of Policy on Family Violence (1996) , which sets out principles to
guide all government action, and the Strategic Result Area for the Public
Sector (1997-2000)
57. The Special Rapporteur is encouraged to note the passage of the Domestic
Violence Act of 1995, which includes provision for: a new single protection
order; a broadening of the definition of domestic violence to include
psychological abuse; increased penalties for breaches of protection orders;
free legal aid with respect to protection orders; and new guidelines to ensure
the arrest of violent abusers and the automatic revocation of firearms
licences. The Special Rapporteur welcomes provisions that have particular
significance for Maori women, including culturally appropriate programmes for
Maori women and the recognition that abuse may be perpetrated by members of
the wider family group. The Special Rapporteur urges the Government to work
with Maori women in the development of culturally appropriate programmes.
58. Statistics: In the 18 months since the Domestic Violence Act of 1995
was introduced, 13,702 applications for protection orders have been made and
10,525 temporary and 6,880 final orders have been granted. Ninety—two
per cent of the orders have been issued with men as the respondent to the
order; 82 per cent of those were classified as cases of domestic violence.
59. Training: The Special Rapporteur welcomes initiatives to train actors
within the criminal justice system on issues of domestic violence. She is
particularly encouraged to note cooperative efforts by the State and civil
society. For example, an inter—agency training package, entitled “Protecting
women and children, an inter—agency response to family violence”, has been
developed by the National Collective of Women's Refuge Inc., the Children,
Young Persons and Their Families Service and the New Zealand Police. A
E/CN.4/1999/68
page 15
training manual on anger management was published by the police in 1997. The
Special Rapporteur notes the importance of providing services that address the
needs of victim—survivors of family violence. The category of victim—survivor
inevitably includes women and children; the Special Rapporteur reminds the
Government of the need to devise separate programmes for each group.
60. Support services: The Special Rapporteur is encouraged by the
Government's policy of collaboration with the non—governmental sector and its
provision of funding for support services. Further, she welcomes the
provisions for services in the Domestic Violence Act, including provisions
that allow battered women to be accompanied in court by support people and
court—ordered counselling for batterers.
The Phili inidnes
61. Plan of action: The Special Rapporteur is pleased to note that,
pursuant to the Office of the President issuing a call to action against
domestic violence, government officials were convened in July 1997 for a
consultation on implementation. The strategies adopted were: (i) formation
of an inter—agency task force on generating statistics; (ii) adoption of a
fast—lane and one—interview system of investigation; (iii) centre and
hospital—based assistance to victims; and (iv) counselling services for both
victims and offenders. It was unclear from the information provided whether
or in what ways the strategies had been implemented in the year since the
consultation.
62. Although the Anti-Rape Law of 1997 reportedly expanded the definition of
rape and recognized the existence of marital rape, it nonetheless provided
that w [ i]n case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty: Provided that the crime shall not be extinguished or
the penalty shall not be abated if the marriage is void ab initio” .
63. Statistics: Statistics in respect to reported cases of domestic
violence were as follows: 5,287 in 1995; 7,425 in 1996; 7,850 in 1997; and
850 in the first quarter of 1998.
64. Training: The Special Rapporteur is encouraged to note a proposed
project entitled “Training on domestic violence for judges, prosecutors, law
enforcers and the community” and urges the Government to ensure the
implementation of this project.
65. Support services: As of 30 June 1998, a total of 1,227 women's desks
had been established in police stations. The Special Rapporteur urges the
Government to ensure that the women's desks are provided with the necessary
resources. A hospital—based crisis intervention centre for “women victims of
violence”, which was started in 1993 and was financially supported by the
Government in 1997, has handled 433 cases of domestic violence.
66. The Special Rapporteur encourages the creation of special courts to work
on issues of domestic violence, but is concerned that the family courts
created in the Philippines may not provide adequate remedies for victims of
violence in the family.
E/CN. 4/1999/68
page 16
Sin Qa Dore
67. Plan of action: Although the Special Rapporteur welcomes the creation
of the interagency Women and Family Violence Committee, she is concerned that
the Corimittee does not have a comprehensive framework within which to work.
68. Statistics: The following statistics were provided for reported cases
of family violence against women (including murder, voluntarily causing hurt
with a dangerous weapon or means, voluntarily causing grievous hurt,
voluntarily causing grievous hurt by dangerous weapons or means) : 73 in 1995;
40 in 1996; 39 in 1997; and 17 until June 1998. Although the Government
points to the statistics as proof that “Singapore's firm handling of crimes in
general, and crimes against women in particular, has been effective in
reducing crime against women”, the Special Rapporteur wishes to express her
concern that the criminal justice perspective of Singapore may discourage
women from reporting domestic violence and thus may increase their risk of
violence in the home.
69. Training: The Special Rapporteur welcomes the incorporation of family
violence in the training syllabus for police officers, but is concerned that
such training is framed in terms of “management” which may be at odds with a
victim—centred approach. The Special Rapporteur welcomes the collaboration
between the police and the Singapore Council of Women's Organizations in
undertaking training initiatives.
70. Support services: The Special Rapporteur is encouraged to note that
police officers inform victims of available services and provide referrals.
However, she would seek additional information about the services that the
Family Service Centres provide for victim—survivors of domestic violence and
would encourage the Government to ensure such services are designed to meet
the specific needs of women victim—survivors of family violence.
C. Latin America and the Caribbean
ArQentina
71. Plan of Action: The Special Rapporteur welcomes the elaboration, in
November 1996, of a national programme of training, technical assistance and
sensitization in relation to violence against women generally, with specific
provisions relating to domestic violence.
72. Statistics: The Special Rapporteur regrets that the Government does not
collect statistics in relation to violence in the family, but is encouraged to
note the intention of the Federal Police to develop a mechanism for
registering cases of domestic violence. The Linea Muier hotline received
21,066 calls in 1997 and 12,118 calls in the first half of 1998.
73. Training: The Special Rapporteur welcomes the specific, short—term
initiatives of the National Council of Women and the Federal Police Force with
respect to training, but urges the Government to undertake systematic training
of members of the criminal justice system concerning domestic violence.
E/CN.4/1999/68
page 17
74. Support services: The Special Rapporteur welcomes the passage, in 1994,
of a law on inter—family violence, which sets forth protective measures,
through the exclusion of the batterer from the home and the re—entry of the
victim into the home, and provides victims with the legal capacity to file a
claim, in either a criminal or a family court, without a lawyer. The law also
created centres of assistance and established specialized, interdisciplinary
teams within the Ministry of Justice, to assist the courts. The Special
Rapporteur is encouraged to note the existence, in Buenos Aires, of a
government—run 24—hour telephone hotline for women.
Chile
75. Plan of action: While the Special Rapporteur welcomes the passage, in
1994, of the Law on Intra—family Violence and the creation of regional
commissions to prevent violence in the family, she regrets that more specific
information was not provided on the implementation of the law and the
functioning of the corimissions.
76. Statistics: The number of judicial cases of domestic violence were:
38,200 in 1995; 58,222 in 1996; and 61,015 in 1997.
77. Training: The Special Rapporteur regrets that the Government has not
provided her with information about recent training initiatives.
78. Support services: The Special Rapporteur welcomes the creation of a
direct telephone line to the police for the filing of complaints and the
provision for protection orders, but seeks information on whether and how they
are being used.
C 01 omb i a
79. Platform of action: The Special Rapporteur is encouraged to note the
establishment in 1996 of the National Directorate of Equity for Women, which
is charged with creating policies to cor at violence against women, generally,
and domestic violence, specifically.
80. The Special Rapporteur welcomes the passage, in 1996, of Law 294 on the
Prevention, Elimination and Punishment of Violence against Women in the
Family, which covers physical, sexual and psychological violence. New crimes
include “crimes against the harmony and unity of the family” and “maltreatment
through restriction of freedom”. She is particularly interested in obtaining
additional information about the provision on the restriction of freedom as a
form of domestic violence. The Special Rapporteur is concerned, however, that
punishments are limited to one to six months' imprisonment, indicating that
such crimes may not be perceived to be serious.
81. Statistics: There were 51,451 cases of inter—family violence reported
in 1996, in which 34,796 of the victims were spouses. Ninety—three per cent
of the cases of spousal abuse were perpetrated against women.
E/CN. 4/1999/68
page 18
82. Training: The Special Rapporteur notes the existence of training
programmes for judges, the attorney general's department and the police on the
protection of women's human rights; she encourages the Government to ensure
that such training covers domestic violence.
83. Support services: The Special Rapporteur welcomes the clear
articulation of the duty of the police set out in article 20 of Law 294 on
intra—family violence, which states that “police officers must give all
necessary assistance to avoid the repetition of the violence”. Such measures
require the police, inter alia , to take the victim to the closest medical
centre, to take the victim to a secure place or to her home to collect her
personal belongings, to inform the victim about the need to preserve evidence
and how to do so, and to provide information about victims' rights and public
and private services. There are 272 family police stations, at which victims
can register all cases of family violence and can request psychological
assistance and mechanisms to prevent further violence. The Special Rapporteur
seeks additional information about how the implementation of these provisions
is being monitored and what measures are being taken in cases in which police
officers fail to comply with the provisions.
Cuba
84. Plan of action: The Special Rapporteur welcomes the formulation, in
May 1997, of a plan of action to implement the goals and provisions of the
Beijing Declaration and Platform for Action with respect to all forms of
violence, and the creation of a national group that works to prevent violence
and assist victim—survivors of violence within the family, particularly
violence against women.
85. Statistics: The Special Rapporteur regrets that no statistics on
domestic violence were provided.
86. Training: The Special Rapporteur regrets that there was no report of
systematic domestic violence training.
87. Support services: The Special Rapporteur notes the existence of general
support mechanisms for victims of violence and crime, but urges the Government
to develop support mechanisms that specifically address the needs of battered
women.
Guatemala
88. The Special Rapporteur is particularly heartened by the inclusion of
family violence and the need to remedy family violence in the 1996 peace
treaty and the establishment of the Women's National Forum for Peace.
89. Plan of action: The Special Rapporteur welcomes the approval, in 1997,
of a national policy for women and the enactment of a law to prevent, punish
and eradicate violence in the family. She appreciates that the Government
understands the complexities women face in publicly denouncing domestic
violence, but would encourage the Government to take additional steps to
combat the culture of impunity surrounding domestic violence.
E/CN.4/1999/68
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90. Statistics: The Special Rapporteur regrets that statistics specifically
relating to domestic violence were not provided.
91. Training: The Special Rapporteur welcomes the inclusion of domestic
violence in the curriculum of the police training academy and encourages a
review of the training to ensure that it does not encourage practices, such as
police mediation, that may worsen situations of domestic violence and endanger
women.
92. Support services: The Special Rapporteur is encouraged by the breadth
of the Government's plans for support services.
Mexico
93. Plan of action: The Special Rapporteur welcomes the creation, in 1995,
of a national programme for Women, as part of the national plan for
development, which devotes attention to violence against women generally and,
within it, to domestic violence.
94. The Special Rapporteur welcomes the creation of a new criminal provision
on intra—family violence and the recognition of intra—family violence as
grounds for divorce. The Special Rapporteur is concerned, however, at the
emphasis on the “protection of family harmony” and urges the Government to
ensure that such protection is not at odds with women's rights. The Special
Rapporteur is pleased to note the formal recognition of marital rape within
the criminal code.
95. Statistics: The governmental Centre for the Assistance of Victims of
Family Violence received 6,461 cases from January to June 1997, of which
70.2 per cent were cases of violence within the family; 9 out of 10 of those
who used the services were women and 7 out of 10 cases concerned spousal
mistreatment.
96. Training: The Special Rapporteur welcomes the initiative to develop a
project to sensitize judges and members of parliament in respect to the
implementation of the Inter—American Convention to Prevent, Punish, and
Eradicate Violence against Women. Further, she notes the existence of
numerous initiatives at the state level. The Special Rapporteur encourages
the Federal Government to work to systematize training of mer ers of the
criminal justice system throughout the country.
97. Support services: The Special Rapporteur is encouraged to note that the
Constitution articulates the duty of the State to provide legal assistance to
victims of sexual crimes and the right of victims to receive compensation.
The Centre for the Assistance of Victims of Violence within the Family
provides assistance to victims of family violence through legal, psychological
and social services. The Special Rapporteur is encouraged to note that the
Public Ministry has the authority to impose all the measures required to
protect the physical and psychological integrity of the victim during the
investigation and that criminal judges can enforce such measures during
proceedings.
E/CN. 4/1999/68
page 20
Pa ra guay
98. Plan of action: The Special Rapporteur welcomes the adoption of a
national plan for the prevention and punishment of violence against women, but
regrets the absence of specific provisions to address domestic violence.
While the Special Rapporteur appreciates the Government's recognition of the
inadequacy of existing criminal laws penalizing violence against women, she
would encourage the Government to devise specific proposals on how to promote
the passage of more effective laws in this area generally and with respect to
domestic violence, specifically.
99. Statistics: Although general statistics on violence against women were
reported for some States, the Special Rapporteur regrets that specific
statistics on domestic violence were not provided.
100. Training: While the Special Rapporteur welcomes the various training
initiatives undertaken by the Women's Secretariat in respect to violence
against women generally, she urges the Government to carry out systematic
training specifically with respect to domestic violence.
101. Support services: The Special Rapporteur welcomes the creation of a
special national programme on the prevention of and assistance for domestic
violence against women. The programme seeks to evaluate the quality of
services provided to women victims of violence and to investigate the problem
of violence in the family, with input from women victims of violence, former
batterers and members of the police force and legal, health and education
services.
Peru
102. Plan of action: The Special Rapporteur welcomes the creation of a
permanent board for family violence under the newly created Ministry of the
Promotion of Women (1996)
103. Statistics: In 1997, 24,576 registered complaints of family violence
against women were made to the national police force, Of these complaints,
52.2 per cent concerned violence perpetrated by husbands against their wives;
44.5 per cent violence perpetrated by domestic partners; 2.8 per cent violence
perpetrated by former husbands; and 0.5 per cent violence perpetrated by
former partners. Of these cases, 76.5 per cent involved physical violence and
23.5 per cent psychological violence.
104. Training: The Special Rapporteur regrets that no systematic domestic
violence training was reported.
105. Support services: The Special Rapporteur is encouraged to note that
provisions for support mechanisms for women were incorporated in the 1997
amendments to the criminal law, including: the recognition of psychological
maltreatment as a form of violence in the family; the giving of free
medico—legal certificates for victims of violence in the family; the power of
state counsel to intervene in family cases and dictate special provisions of
protection for victims; and, for victims, the ability to decide not to attend
E/CN.4/1999/68
page 21
conciliation sessions. The Special Rapporteur would encourage the Government
to provide information about the way in which these provisions are being
implemented.
UruQuay
106. Plan of action: The Special Rapporteur welcomes the creation, in
March 1998, of an interministerial commission to develop a national plan of
action to confront domestic violence and modify the legislation.
107. Statistics: The Special Rapporteur regrets that statistics specifically
relating to domestic violence were not provided, but notes that a survey of
homes undertaken in Nover er 1997 found that domestic violence existed in
47.3 per cent of all homes.
108. Training: The Special Rapporteur received conflicting reports from
various branches of the Government with respect to the existence of training.
There was, however, a suggestion that training of the police was being
undertaken with respect to domestic violence. The Special Rapporteur is
concerned that such training may be used to encourage mediation.
109. Support services: While the Special Rapporteur notes the three—pronged
approach of the Corimission on Women and Family Affairs to corcJiating domestic
violence, she is concerned about the apparent emphasis on mediation. She
would like to call the Government's attention to evidence that mediation may
exacerbate violence and put victims in greater danger. The Special Rapporteur
is encouraged to note the existence of 15 government information centres for
women and the family.
Venezuela
110. Platform for action: The Special Rapporteur is encouraged to note that
the National Council for Women's Affairs has put forth a proposal on violence
against women. She urges the Government to work systematically to implement
the proposal.
111. Statistics: The Special Rapporteur regrets that statistics specifically
relating to domestic violence were not provided.
112. Training: The Special Rapporteur notes that training is available for
members of the public and private sectors on preventing violence against women
in the family. There is also a special programme for the police on how to
handle cases of domestic violence. The Special Rapporteur encourages the
Government to review training materials to ensure that they do not encourage
practices, such as police mediation, that may aggravate domestic violence and
endanger women.
113. Support services: The Special Rapporteur is concerned that there are no
shelters and few support services available for battered women.
E/CN. 4/1999/68
page 22
4. The Middle East
Islamic Re uhlic of Iran
114. Plan of action: The Special Rapporteur welcomes the creation of the
three—year National Plan of Action on the Elimination of Domestic Violence
Against Women by a sub-committee of the National Corimittee for Elimination of
Violence against Women.
115. The Special Rapporteur would like, however, to express her concern about
the link made in the Plan of Action between women's rights and “duties in the
family and society”, since duties are often invoked to negate women's rights.
Nonetheless, the Special Rapporteur takes such statements in the spirit of the
document as a whole, which sets forth a programme with strong potential to
combat domestic violence, if implemented.
116. Statistics: The Special Rapporteur regrets that statistics specifically
relating to domestic violence were not provided.
117. Training: The Special Rapporteur regrets that she received no reports
of training courses specifically concerning domestic violence.
118. Support services: The Special Rapporteur is encouraged to note that
support services are being planned and requests the Government to provide
information about the implementation of such plans.
Israel
119. Plan of action: The Special Rapporteur welcomes the establishment,
in 1998, of an interministerial committee to monitor cooperation among the
more than eight ministries and authorities involved in corcJDating domestic
violence as a step towards developing a more coordinated strategy to address
domestic violence.
120. The Special Rapporteur shares the Government's concern about honour
crimes against Arab women and the particular difficulties faced by battered
Arab women in seeking assistance.
121. Statistics: Approximately 20,000 police files per year are opened in
the area of violence in the family, of which, 75 per cent are complaints by
wives against their husbands. Twenty—six women were murdered by their
husbands in 1997 and 13 between January and July 1998. In 1997, 15,444 files
were opened in response to women's complaints of violence by their husbands.
122. Training: The Special Rapporteur is encouraged to note that the police
have established a permanent training system in respect of domestic violence.
Reportedly, the fact that only 25 per cent of domestic violence cases reported
to the police are closed for lack of proof is evidence of the training's
success. The Special Rapporteur regrets that information with respect to
prosecution rates was not similarly provided.
123. Support services: Information on support services was provided under
the heading “Rehabilitation of victims”. The emphasis on rehabilitating
E/CN.4/1999/68
page 23
victims implies that the victim—survivor of domestic violence is sick or in
some way debilitated. While not to minimize the trauma associated with
domestic violence, it is the perpetrator rather than the victim whose
behaviour and social patterns are in need of rehabilitation.
Jordan
124. The Special Rapporteur is gravely concerned at the statement in the
Government's report that “no distinction is made between offences of adultery
and rape, the victims of both offences being viewed in the same light”. The
issue of consent, in particular a woman's agency (capacity) to consent to
sexual relations, even when such relations are outside the purview of those
morally sanctioned by the State, must be recognized in criminal law. Rape
should be defined in terms of non—consensual sexual relations.
125. The Special Rapporteur is also concerned that her request for
information has been interpreted to include “voluntary abortion”.
Specifically, the Ministry of Justice stated that it was “submitting this
report . . . on the effective measures taken to implement Jordan's international
obligations concerning domestic violence and the punishment of the persons
responsible for crimes of violence against women, conjugal rape, violence
against domestic servants, females and children and voluntary abortion”. The
Special Rapporteur is particularly concerned about strict proscriptions on
abortion in Jordan and notes that, in many cases, penalties for performing
abortions are heavier than are penalties for the physical assault of a woman.
126. National plan of action: The Special Rapporteur is encouraged to note
that domestic violence is one of the priorities set forth in the Plan of
Action for the Social Sector devised by the Jordanian National Committee on
Women's Affairs in 1994. The Special Rapporteur welcomes the campaign
wDemocracy without women's rights is not democracy” carried out by the
Government in 1994—1995, which focused on violence and discrimination against
women by individuals, the family and society, particularly in the form of
beatings, conjugal rape, marriage without consent, forced labour, lack of
adequate care, exploitation of traditional beliefs in order to repress women,
social discrimination against divorced women and widows and the lack of esteem
that is generally shown towards women who fail to respect the code of honour.
127. Statistics: Although general statistics on violence against women were
provided, the Special Rapporteur regrets that specific statistics on domestic
violence were not provided.
128. Training: The Special Rapporteur welcomes training initiatives with
respect to domestic violence and encourages the Government to systematize such
training.
129. Support services: The Special Rapporteur notes that counselling centres
attached to the courts of first instance have been established in Amman, Zarqa
and Irbid and are being planned throughout the country.
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E/CN.4/1999/68
page 25
restricted to individuals “involved in women's projects and those working at
women's counselling centres”, rather than being made compulsory for mer ers of
the criminal justice system.
136. Support services: The Special Rapporteur welcomes the enactment, in
May 1997, of the Federal Act for Protection against Domestic Violence, which
gives the police power to remove the batterer from the common home and bar him
from coming within a certain distance of it. It also provides a framework for
cooperation between the police and the civil courts. The Special Rapporteur
is encouraged to note that the first intervention centre against violence in
the family was established in 1996 and that, since then, 13 additional centres
have been established.
Croatia
137. Plan of action: The Special Rapporteur welcomes the establishment, in
May 1996, of the Commission for Issues of Equality and the subsequent
development of the National Policy for the Promotion of Equality, a critical
aspect of which is the prevention and elimination of violence against women
generally and domestic violence specifically.
138. Statistics: The Special Rapporteur regrets that no statistics
specifically relating to domestic violence were provided.
139. Training: The Special Rapporteur regrets that no specific information
was provided on training with respect to domestic violence.
140. Support services: The Special Rapporteur welcomes the obligation set
forth in the National Policy that the Government must ensure adequate
accommodation and assistance to victims of violence against women, and
encourages the Government to allocate sufficient resources for such purposes.
C w r us
141. Plan of action: The Special Rapporteur welcomes the government Advisory
Committee's plan of action, which includes monitoring, training, promoting
public campaigns, compiling statistics, undertaking research and facilitating
interagency coordination.
142. Statistics: The Special Rapporteur regrets that the statistics provided
were not clear.
143. Training: The Special Rapporteur welcomes the training initiatives with
respect to domestic violence, in particular the incorporation of an eight—hour
training session on domestic violence in the basic police training and the
ongoing one— to two—week multidisciplinary training programmes for the police.
The Special Rapporteur is encouraged by the Government's frankness concerning
resistance amongst police participants and urges the Government to explore
additional training modalities to address such resistance. The Special
Rapporteur is concerned about “family peacemaking (mediation)” workshops for
the police and cautions the Government about encouraging the police to play
the role of mediator in situations of domestic violence. Such mediation may
place women's safety at greater risk.
E/CN. 4/1999/68
page 26
144. Support services: The Special Rapporteur welcomes the introduction of a
new provision in the law that permits the establishment and operation of a
shelter for victims of violence. However, the Special Rapporteur cautions the
Government against the establishment of a general shelter for victims of
crime, since this may increase the threat to victims of violence against women
generally and domestic violence specifically. The Special Rapporteur welcomes
increased penalties for certain offences when corimitted by one family member
against another.
Denmark 6/
145. Plan of action: The Special Rapporteur welcomes the steps taken by the
Government to address the specific needs of battered irimigrant women. She is
concerned, however, that there is no concrete national plan of action to
address domestic violence systematically.
146. Statistics: The Special Rapporteur regrets that no statistics were
provided.
147. Training: The Special Rapporteur regrets that no information was
provided on training with respect to domestic violence.
148. Support services: The Special Rapporteur welcomes the establishment,
in 1998, of a working group to develop guidelines for the organization of
efforts relating to battered women.
Germany
149. Plan of action: Although the Special Rapporteur notes that the Federal
Government implemented a three—year campaign on violence against women, she
regrets that no information was provided on specific measures taken in terms
of domestic violence.
150. Statistics: The Special Rapporteur regrets that statistics are not
collected. Although the Government asserts that “because of the wide range of
definitions, it is impossible to make any reliable statements for Germany
concerning the actual extent of violence against women in all its forms”, the
systematic collection of statistics would assist the Government in more
adequately assessing the extent of such violence, as well as in providing
remedies for victims of violence against women.
151. Training: The Special Rapporteur regrets the lack of specific training
with respect to domestic violence.
152. Support services: The Special Rapporteur is encouraged to note that a
pilot project, based on the “Domestic abuse intervention project” in Duluth,
Minnesota, is being undertaken by the Federal Ministry for Women.
E/CN.4/1999/68
page 27
LuxembourQ
153. Plan of action: Although the Special Rapporteur welcomes initiatives to
strengthen laws with a view to criminalizing physical and sexual violence
against women, she is concerned that there is no systematic plan to address
domestic violence.
154. Statistics: The Special Rapporteur regrets that statistics on domestic
violence were not provided.
155. Training: The Special Rapporteur regrets that there appears to be no
systematic training of members of the criminal justice system in relation to
domestic violence.
156. Support Services: The Special Rapporteur is encouraged to note that
financial assistance is being provided by the Government to support centres
for victims of violence against women.
Norway
157. Plan of action: The Special Rapporteur regrets that no comprehensive
plan of action to address domestic violence systematically has been
formulated.
158. Statistics: The Special Rapporteur regrets that statistics specifically
relating to domestic violence were not provided.
159. Training: The Special Rapporteur regrets that information was not
provided with respect to domestic violence training programmes.
160. Support services: The Special Rapporteur welcomes the 1995 amendment to
the Criminal Procedure Act which provides for a protective order to prohibit a
person from entering a specific area or following, visiting or otherwise
contacting another person in cases of domestic and/or sexual violence against
women. Further, the Special Rapporteur is encouraged to note the creation of
an alarm system for women who are under serious threat of violence, in which a
violence alarm is linked to the nearest police station and calls from the
alarm must be given the utmost priority.
Slovak Republic
161. The Special Rapporteur is concerned that the Government may be relying
on outdated notions that substance abuse causes violence against women.
Although substance abuse may exacerbate violence against women, it does not
cause the violence. As such, providing therapy for alcoholics and drug
abusers is not an adequate remedy for violence against women.
162. Plan of action: The Special Rapporteur welcomes the adoption, in 1997,
of the National Action Plan for Women, which identifies violence against women
as one of its priorities. Although domestic violence is not specifically set
forth as a priority theme, the Special Rapporteur notes that many of the Plan
measures address domestic violence.
E/CN. 4/1999/68
page 28
163. Statistics: The Special Rapporteur regrets that statistics are not kept
with respect to domestic violence. Although she encourages the Government of
the Slovak Republic to take steps to draft domestic violence legislation, she
wishes to point out that the absence of such legislation should not prevent
the collection of statistics. The Special Rapporteur is also concerned at the
distinction made, in the Slovak report, between domestic violence and “public
violence”, which suggests that distinctions between public and private are
being employed to differentiate or prioritize certain violations of women's
human rights.
164. Training: The Special Rapporteur notes with concern the Government's
apparent adherence to a formal notion of justice, as highlighted by the
statement that w [ i]n the light of the fact that the valid Penal Code of the
Slovak Republic provides for equality of justice for both men and women in
criminal proceedings, no special standards for legal procedures and the
conduct of persons active within the system of criminal justice that would
enforce justice and equality for women have been developed”. The Special
Rapporteur would like to remind the Government that formal articulations of
equality may be insufficient to ensure that violence against women is
prevented, investigated and punished.
165. Support services: Although noting that women have access to common
remedies provided to all victims of crime, the Special Rapporteur regrets that
there are no support services specifically provided for victims of domestic
violence.
Spain
166. Plan of action: While the Special Rapporteur notes the creation of the
Equal Opportunity Plan for Men and Women, she regrets there is no
comprehensive strategy to address family violence against women.
167. Statistics: The Special Rapporteur regrets that the Government is not
systematically collecting statistics with respect to domestic violence. She
notes with concern that there is an average of 16,000 complaints of domestic
violence and 85 domestic murders each year.
168. Training: The Special Rapporteur regrets that no specific training is
being undertaken for the various branches of the criminal justice system with
respect to domestic violence.
169. Support services: No new support initiatives were reported.
Sweden
170. Plan of action: The Special Rapporteur welcomes the Government's
initiatives to strengthen violence against women legislation through the
introduction of the crime of “gross violation of a woman's integrity”, which
is intended to address repeated punishable violence corimitted against women by
men with whom they have relationships; to broaden the scope of its violence
against women policies to reach the immigrant corimunity; to study, with a view
to using electronic monitoring of men who breach restraining orders; and to
develop more effective treatment programmes for abusers.
E/CN.4/1999/68
page 29
171. Statistics: Reportedly, 66 per cent of the 18,560 reported cases of
assault of women in 1996 were cases of domestic assault.
172. Training: No new training initiatives that specifically address
domestic violence had been implemented as of the time of reporting.
173. Support services: The Special Rapporteur welcomes the allocation of
government funds for violence against women at work, in particular for the
national centre for battered and raped women, which was established in 1994.
Switzerland
174. Plan of action: The Special Rapporteur welcomes the elaboration of a
national plan to implement the Beijing Platform for Action, including a
section on violence against women, and the establishment of a working group to
ensure its implementation.
175. Statistics: The Special Rapporteur regrets that the Government does not
maintain statistics on domestic violence.
176. Training: The Special Rapporteur regrets that there appears to be no
systematic training of members of the criminal justice system in relation to
domestic violence.
177. Support services: The Special Rapporteur commends the Government for
recognizing the right of victims of abuse to receive assistance free of
charge. While welcoming ongoing support initiatives, the Special Rapporteur
regrets that no new support measures have been implemented.
Turkey
178. Plan of action: The Special Rapporteur is encouraged to note the
constitutional obligation to put into place legal measures to protect women
and children victims of violence in the family. Further, she notes the
creation of a national plan of action (1996) to implement the Beijing Platform
for Action, including with respect to violence against women. The Special
Rapporteur is encouraged to note the Government's intention to work toward the
passage of legislation to ensure that rape corimitted in the home is a
punishable crime. While the Special Rapporteur welcomes the Government's
intent to institute penal sanctions against those who undertake virginity
controls irrespective of motive, she is concerned about the Government's
intention to maintain virginity control in the Turkish Penal Code. The Special
Rapporteur urges the Government to take all measures to abolish the practice,
in public and private, of virginity testing.
179. Statistics: The Special Rapporteur regrets that no statistics were made
available.
180. Training: The Special Rapporteur encourages the Government to
systematize the various training programmes undertaken and planned to educate
the police, the security forces, health personnel and other public agents on
the question of violence against women generally, and with respect to violence
in the family.
E/CN. 4/1999/68
page 30
181. Support services: The Special Rapporteur welcomes the recent law reform
concerning the protection of the family (January 1998) , which provides for the
issuance of protection orders and imprisonment for three to six months for the
violation of such orders.
United KinQdom of Great Britain and Northern Ireland
182. Plan of action: The Special Rapporteur is concerned that, although the
Government indicated that it is undertaking several initiatives, many of which
arose out of the Interdepartmental Working Party on Domestic Violence in 1994,
the lack of a national plan may result in a lack of coordination and, in some
cases, conflicting or incoherent policy.
183. The Special Rapporteur welcomes the creation of the Scottish Partnership
on Domestic Violence. In particular, the Special Rapporteur is encouraged by
the focus on groups of women, such as women from ethnic minority groups and
women with disabilities, who are doubly marginalized. The Special Rapporteur
is likewise encouraged by the 1995 Northern Ireland strategy document and the
institution of the regional Domestic Violence Forum to promote coordination
and cooperation among key agencies.
184. Statistics: The Special Rapporteur regrets that the Government does not
keep statistics on domestic violence. Likewise, the Special Rapporteur is
concerned at the assertion that “crime statistics relate to offence type not
to the relationship between the victim and the offender”. The Special
Rapporteur would like to call the Government's attention to the need to treat
domestic violence as a distinct offence in order to ensure that appropriate
remedies are provided. Traditionally, general assault and battery statutes
have not provided adequate remedies for victims of domestic violence.
Reportedly, 44 per cent of the 681 offences of homicide recorded in England
and Wales in 1996 were cases of domestic homicide, in which women were killed
by current or former spouses or lovers.
185. Training: While the Special Rapporteur notes the publication, in 1994,
of the Police Research Group's paper, “Preventing domestic violence to women”,
she is concerned that measures have not been undertaken to operationalize the
findings of the report. The Special Rapporteur welcomes the training
initiatives of the Judicial Studies Board, Family Committee, particularly with
respect to Part IV of the Family Law Act of 1996.
186. Support services: While the majority of support services are run by
non—governmental groups, the Special Rapporteur is encouraged to note that the
Government provides substantial financial assistance, in particular for
shelters and hotlines. The Special Rapporteur welcomes the creation of a
generalized Victims Charter (1996), which has as its key provisions:
(i) keeping victims informed of significant developments in their case; and
(ii) considering how the views of victims might be taken into account by the
criminal justice agencies when dealing with their case.
United States Of America
187. The Special Rapporteur welcomes the passage into law, in 1994, of the
federal Violence against Women Act and the steps taken to implement the Act
E/CN.4/1999/68
page 31
including: the launching in 1996 of a free hotline that provides local
referrals 24 hours—a—day and offers access to translators in 139 languages;
the passing in September 1996 of the Lautenberg Amendment, which bans anyone
convicted of a domestic violence offence from possessing a firearm; the
establishment of the Advisory Council on Violence against Women; and the
creation by the Department of Justice of the S*T*O*P (Services, Training,
Officers, Prosecutors) Violence against Women grant programme which provides
funds for direct service programmes for victims of domestic violence.
188. While the Special Rapporteur recognizes that, to some degree, the
Violence against Women Act represents a codified national plan of action, she
nonetheless regrets that the specific information requested was not provided
with respect to national plans of action, statistics, training and support
systems.
C. Non—Qovernmental submissions
189. Albania: Reportedly, there is no law specifically addressing domestic
violence, including marital rape, and no provision for social services by the
Government. The Special Rapporteur encourages the Government to take steps to
develop a systematic plan to address domestic violence and combat traditional
beliefs, in particular those based on the “Kanun of Lek Dukagjini”, that
contribute to domestic violence.
190. Angola: According to reports, no measures have been adopted
systematically to address domestic violence and provide support services for
victim—survivors. The Special Rapporteur encourages the Government to take
steps to develop a national plan of action as an initial step to address
domestic violence.
191. Antigua and Barbuda: The Special Rapporteur welcomes new legislation
that recognizes marital rape as a criminal offence.
192. Armenia: Reportedly, the Government has not adopted a national plan of
action on violence against women generally or in relation to domestic violence
specifically. The Special Rapporteur urges the Government to take steps to
develop and implement a comprehensive plan on domestic violence.
193. Australia: According to reports, the Federal Government has cut federal
funding, which has affected women's access to legal aid and social services.
Moreover, funds have reportedly been reallocated from programmes that support
women and children to programmes that work with perpetrators. While the
Special Rapporteur recognizes the importance of such programmes, they should
not detract from or compete with services for victim—survivors. Further,
according to reports, services are increasingly being privatized. The Special
Rapporteur urges the Government to monitor both private and public service
delivery units to ensure that such providers are implementing the Government's
progressive policies on domestic violence.
194. Barbados: The Special Rapporteur welcomes the joint initiative between
the Government and NGOs in introducing Barbados's Day for the Elimination of
Violence against Women in 1996 and the creation of the coordinating committee
for the elimination of violence against women in 1997.
E/CN. 4/1999/68
page 32
195. Belize: The Special Rapporteur is encouraged to note the recent study
on the effectiveness of the Domestic Violence Act and urges the Government to
work to address its findings that there is a need for greater collaboration
between the police, family courts and health professionals. She also welcomes
the establishment of a domestic violence task force. The Belize study
highlights the need for Governments to move beyond mere criminialization of
domestic violence to ensure collaboration among State institutions for
effective implementation of the laws.
196. Bolivia: The Special Rapporteur welcomes the revision, in
December 1995, of the law that previously made violence in the family a
non—punishable offence. Law No. 1674 provides for protection orders and
orders prohibiting the perpetrator access to the family home.
197. Bulgaria: The Special Rapporteur is concerned with reports that the
Government has done little to address domestic violence or provide remedies
for victims. Allegedly, there are neither laws nor government support
services. In this respect, the Special Rapporteur urges the Government to
take all possible measures to make the national laws and practice on violence
against women generally, and domestic violence specifically, comply with its
obligation to act with due diligence to prevent, investigate and punish acts
of violence against women.
198. Brazil: The Special Rapporteur is heartened to note that the
Constitution includes an article on domestic violence (art. 226) . However,
the Special Rapporteur regrets that marital rape, which constitutes a form of
domestic violence, is not recognized under the law. The Special Rapporteur
reaffirms her recorimendations contained in the report on her mission to Brazil
in 1996 (E/CN.4/1997/47/Add.2).
199. British Virgin Islands: The Special Rapporteur welcomes the passage in
March 1996 of a new law on domestic violence and looks forward to receiving
the results of the Government's study on the causes of domestic violence.
200. Canada: The Special Rapporteur is concerned at reports of severe
reductions in government spending on, inter alia , emergency women's shelters,
second stage shelters, 24—hour crisis intervention lines and corimunity service
agencies that provide services to battered women and their children. In 1995,
the Government reportedly cut spending on women's programming, including
anti—violence services, by 25 per cent, which has allegedly had an impact on
the implementation of progressive policies. According to one study, there has
been an increase in the number of women murdered by their partners and
ex—partners. The example of Canada demonstrates that progressive laws and
policies are undermined by failure to allocate adequate funds or to create
reliable enforcement mechanisms.
201. China: The Special Rapporteur is encouraged to note recent steps taken
at the provincial level with respect to domestic violence, in particular by
the Changsha government's formulation in 1996 of a set of rules to combat
domestic violence, which introduced provision for the arrest of batterers.
She also welcomes the recent establishment of shelters for battered women in,
among other cities, Shanghai and Wuhun. However, the Special Rapporteur is
page 33
concerned that the central Government's recent revisions to the penal code
202. Colombia: The Special Rapporteur notes with concern reports that women
new provisions for the issuance of protection orders within four hours,
compensation and orders excluding the perpetrator from the home — owing to
Rapporteur urges the Government to take the necessary steps to oversee the
effective implementation of the new mechanisms for protection.
Costa Rica: The Special Rapporteur welcomes the adoption of the law
against domestic violence in April 1996 and its definition of domestic
violencia patrimonial and economic violence. The Special Rapporteur, however,
is concerned about interpretations of the gender neutral nature of the bill.
men, and battered women, in some cases, are being turned out of their homes.
204.
relating to prostitution, which include penalties for family mer ers who force
women and children into prostitution.
Dominica: The Special Rapporteur in encouraged to note that efforts are
being undertaken to draft a domestic violence act.
Egypt: The Special Rapporteur congratulates the Government for
prohibiting, in 1996, the practice of female genital mutilation and the
it. The court held it “hereafter illegal for anyone to practise genital
mutilation even with the consent of the girl or her parents”. The Court went
because nowhere in the Koran nor in the Sunni precepts and traditions left by
the Prophet is there a text authorizing the practice of female genital
potential loophole which allows female genital mutilation when “medically
imperative”. The Special Rapporteur knows of no situation where it would be
207. Fiji: According to reports, there is no specific legislation on
Although, the Special Rapporteur is heartened by the Police Department's
adoption, in Septer er 1995, of the “No Drop” policy, which requires all
lack of sensitivity and considerable delays in the investigation process leave
victim—survivors exposed to more violence. In particular, the Special
non—molestation order is breached is on the woman, who must return to court.
Reportedly, police statistics have documented a 149 per cent increase in
Special Rapporteur calls on the Government to take all possible measures, in
collaboration with the non—governmental sector to develop a coordinated
E/CN. 4/1999/68
page 34
statistics, training for all members of the criminal justice system and the
provision or financial support of support services for victim—survivors.
208. Finland: The Special Rapporteur welcomes the launch of a five—year
project to combat violence against women generally and urges the Government to
ensure that attention is focused on domestic violence.
209. Ghana: The Special Rapporteur congratulates the Government on banning
customary practices that have been found to be detrimental to women's health,
including female genital mutilation and widowhood rites. She encourages the
Government to ensure the effective implementation of the ban.
210. Grenada: The Special Rapporteur welcomes the launch of a campaign to
educate the public on domestic violence and spousal abuse, the creation of a
shelter for battered women and the introduction of a 24—hour trauma hotline
for women.
211. Guyana: The Special Rapporteur is encouraged by the passing of the
Domestic Violence Act in December 1996, but is concerned at reports that
victims are intimidated by the law. She would encourage the Government to
take steps to assess the implementation of the law and ways in which such
intimidation can be overcome or the law amended to ensure its effective
implementation.
212. India: The Special Rapporteur is concerned at reports that despite the
continuing increase in levels of violence against women generally and violence
within the family specifically, few steps have been taken to prevent,
investigate and prosecute violence against women. Further, according to
reports, current development priorities, which cause displacement, loss of
shelter and livelihood, and break down community support mechanisms, are
contributing to the incidence of violence against women. The Special
Rapporteur calls on the Government to take effective measures to arrest the
increase in violence against women and to provide support and remedies for
women.
213. Jamaica: The Special Rapporteur welcomes the passage, in May 1996, of
the Domestic Violence Act.
214. Kenya: According to information provided, the Government has developed
neither a strategy to cor at domestic violence nor a law that specifically
addresses the crime. Further, the Special Rapporteur regrets reports that the
Government is not systematically compiling statistics specifically relating to
domestic violence or undertaking training. The Special Rapporteur is
encouraged to note the work of NGOs in providing support services to
victim—survivors. She welcomes the women's NGO campaign to combat female
genital mutilation by promoting a ritual of “circumcision by words”. This
initiative seeks to curb the violence and harmful effects of female genital
mutilation, while retaining the cultural significance of the ritual.
215. Lebanon: The Special Rapporteur is very concerned at reports that
honour crimes, which allow any mer er of a woman's immediate or extended
family to kill her if she is suspected of dishonouring the family, are legal.
The Special Rapporteur encourages the Government to take all necessary steps
E/CN.4/1999/68
page 35
to abolish this form of violence against women in the family. The Special
Rapporteur also encourages the Government to revise article 522 of the
Penal Code, which, in cases of seduction, rape, forced prostitution and
kidnapping, legalizes a marriage and allows the perpetrator to avoid
prosecution if both parties “consent” to the marriage. Reportedly, the
practice of kidnapping and raping women forces victims to “consent” to
marriage or face ostracization and unmarriagability.
216. Malaysia: The Special Rapporteur welcomes the passage and
implementation of the Domestic Violence Act, passed in 1994 and given effect
in June 1996. The Special Rapporteur urges the Government to ensure that
police and social service personnel act with greater transparency and that
effective training is provided with respect to domestic violence. While the
Special Rapporteur welcomes the actions set forth in the National Plan of
Action with respect to the full implementation of laws pertaining to the
prevention of domestic violence, abandoned wives and heads of households, and
the creation of shelters, crisis centres and counselling services for victims,
she is concerned at reports that the call for the strengthening of civil
(family) and Shariah courts may undermine such efforts. The Special
Rapporteur calls on the Government to ensure that the strengthening of family
and Shariah courts does not undermine attempts to curb all forms of domestic
violence.
217. Maldives: According to reports, there has been no action by the
Government to address domestic violence systematically. The Special
Rapporteur encourages the Government to take steps to develop a coordinated
strategy that would include, inter alia , the compilation of statistics,
training of criminal justice personnel and the provision of support services
with respect to violence against women in the family.
218. Mongolia: The Special Rapporteur welcomes reported moves to revise and
amend the family laws, specifically in relation to domestic violence.
However, she highlights the need to develop a comprehensive legal and social
response to domestic violence that includes criminalization. The Special
Rapporteur is encouraged to note that a women's centre against domestic
violence has been established.
219. Mozambique: While the Special Rapporteur welcomes the formulation by
the Government of a national plan of action that includes women's rights and
violence as priority themes, she is concerned at reports that steps have not
been taken to implement the plan.
220. Namibia: The Special Rapporteur is encouraged to note that positive
steps are being taken to remedy the Government' ‘s reported failure to provide
adequate remedies and support in cases of domestic violence. She notes with
interest a discussion document published in Nover er 1998 which contains
proposals based on the United Nations Framework for Model Domestic Violence
Legislation. The Special Rapporteur encourages the Government to take all
steps to ensure the document assists the process of policy development and
reform.
221. Nepal: The Special Rapporteur is concerned about reports that women in
Nepal are being systematically denied their basic right to be free from
E/CN. 4/1999/68
page 36
violence, in particular through high levels of domestic violence and
discrimination within the criminal justice system against victim—survivors of
domestic violence.
222. New Zealand: The Special Rapporteur is encouraged to note that a
condition of government funding of services is the collection and transmission
of statistics to the Government. The Special Rapporteur urges that statistics
be compiled and made accessible for purposes other than meeting funding goals.
While it was reported that the Government does not have any ongoing national
plan against domestic violence, it was noted that it does conduct short—term
campaigns. The Special Rapporteur encourages the Government to take steps to
systematize its response to domestic violence.
223. Nicaragua: The Special Rapporteur regrets that there is no national
plan of action on violence against women generally, or specifically in
relation to domestic violence, and urges the Government to take steps to
devise a comprehensive strategy to combat domestic violence.
224. Pakistan: According to reports, although there have been two National
Action Plans, which have both included a chapter on violence against women in
general and in the family, few concrete measures have been taken to implement
the provisions. The Special Rapporteur is encouraged to note that two crisis
centres have been established and that steps are being taken to improve
State—run shelters. The Special Rapporteur regrets that statistics on
domestic violence are not being systematically collected and that training of
members of the criminal justice system has not been systematically undertaken.
The Special Rapporteur notes the creation of separate police stations for
women in Islamabad, Lahore, Karachi, Peshawar, Multan and Abbotabad, and
encourages the Government to ensure that women's police stations are provided
with the necessary resources and that strong, victim—friendly laws, policies
and procedures are put in place and enforced.
225. Panama: Reportedly, no national plan has been developed to combat
violence against women generally, or in the home. The Special Rapporteur
regrets the lack of a central database for statistics gathered by various
government ministries and the failure of the Government to undertake
systematic training of criminal justice system personnel.
226. Poland: The Special Rapporteur is concerned at reports that, at the end
of 1997, the Government abolished a programme to cor at violence against women
that had been initiated in September 1997. The Special Rapporteur is likewise
concerned at the reported lack of government will to comply with its
international obligations with respect to violence against women generally,
and domestic violence specifically, and calls on the Government to take steps
effectively to prevent, investigate and punish cases of domestic violence and
to provide remedies for victims.
227. Republic of Korea: The Special Rapporteur is encouraged to note the
passage of the Special Law regarding Domestic Violence and the Punishment of
Offenders in November 1997 and the role the women's movement played in the
passage of the law.
E/CN.4/1999/68
page 37
228. Russian Federation: According to information provided, the Government
has no clear strategy for addressing violence against women generally, or
domestic violence specifically. According to one report, the law enforcement
system “creates numerous and substantial obstacles” to corcJiating violence
against women. The Special Rapporteur urges the Government to devise a
comprehensive plan, in collaboration with NGOs, to address domestic violence
systematically. Reportedly, a further obstacle is entrenched distrust of
those linked to the State, such as the police, lawyers and the courts, because
of recent history, when all were used as tools of State oppression. The
Special Rapporteur encourages the Government to seek mechanisms by which trust
in the State can be rebuilt.
229. Serbia: According to reports, there is no national plan of action
systematically to address violence against women in the family, collect
statistics or provide training. The Special Rapporteur is concerned at
reports that some members of the Government express hostility toward NGOs,
thereby hindering potentially effective collaboration in areas such as policy
development, training and service provision. The Special Rapporteur is
encouraged to note the development of a civil society proposal for
comprehensive legal protection in cases of domestic violence and would welcome
information from the Government on the steps taken to consider the proposal.
She also welcomes the creation by NGOs of SOS hotlines and counselling
services for victims of domestic violence.
230. St. Lucia: The Special Rapporteur welcomes the introduction of a
Domestic Violence Act and the creation of a crisis centre.
231. South Africa: The Special Rapporteur welcomes the passage, in
November 1998, of the new Domestic Violence Bill, which provides, inter alia ,
a broad definition of domestic violence, including financial, emotional,
physical and other forms of violence perpetrated by any member of the family,
including in customary unions. It also reportedly requires police to assist
women in obtaining medical help and in finding shelter, and imposes penalties
when such obligations are not met.
232. Spain: The Special Rapporteur is concerned at reports that more
effective steps have not been taken to respond to violence against women
generally, and domestic violence specifically. After a high profile murder of
a woman by her former husband in 1997, calls were reportedly made by both
Government and opposition for stricter measures against domestic violence. In
1997, the police reported 19,000 complaints from battered women, compared with
16,300 complaints in 1996. However, the government Institute of Women
estimates that the complaints represent a mere 10 per cent of the problem.
The Special Rapporteur regrets that measures have not been implemented to act
upon the calls for stricter measures. The Special Rapporteur urges the
Government to work more closely with NGOs in addressing the problem of
domestic violence.
233. Sri Lanka: The Special Rapporteur regrets reports that the Government
has failed to provide mechanisms for prosecution and redress in cases of
domestic violence. She also notes the lack of support services for victims.
While the Special Rapporteur welcomes revisions to the Penal Code with respect
to violence against women, she notes the failure of the Government to counter
E/CN. 4/1999/68
page 38
the fundamentalist lobby, which effectively impeded the criminalization of
marital rape, except in extremely rare cases of formal judicial separation.
The Special Rapporteur urges the Government to take steps to develop a
strategy, including legislation, training, the collection of statistics and
the provision of services for victim—survivors of domestic violence.
234. Tanzania: The Special Rapporteur regrets reports that the Government
has not developed a systematic plan to address domestic violence, including
marital rape. The Special Rapporteur urges the Government to work with NGOs
already providing services and training to develop a plan that would include
strong penal measures, the collection of statistics, training of criminal
justice personnel and provision for support services.
235. The former Yugoslav Republic of Macedonia: According to reports, there
is no legislation specifically addressing domestic violence and few mechanisms
available to provide women with assistance or support. The Special Rapporteur
urges the Government to develop a systematic plan to address domestic violence
that includes training, the collection of statistics, the revision of
discriminatory laws and the provision of services.
236. Thailand: The Special Rapporteur welcomes the inclusion of a provision
on protection from domestic violence in the new Constitution of October 1997.
Reportedly, however, the Government has taken few measures to give effect to
the new constitutional guarantee. The Special Rapporteur notes with interest
that, in 1995, police departments appointed 15 female investigators to work on
women's and children's cases in three police stations.
237. Trinidad and Tobago: Although the Special Rapporteur welcomes the
Government's introduction of a 24—hour crisis line, she is concerned that it
reportedly provides services to both victims and batterers. While the Special
Rapporteur does not negate the need for services for batterers, such services
must be undertaken separately to ensure that the particular needs of victims
are not undermined. Power and control are the major mechanisms employed by
abusers in situations of domestic abuse. Such tactics may also be used on
counsellors to gain access to information about victims. It is essential that
support services for victims be prioritized over support services for abusers
that may exacerbate violence and may provide abusers with new tools of power
and control.
238. Togo: The Special Rapporteur congratulates the Government on the recent
ban on female genital mutilation.
239. Uganda: The Special Rapporteur is encouraged to note the existence of
the National Action Plan, which includes violence against women as a priority
theme. Reportedly, however, there is a dearth of criminal justice measures to
provide adequate redress for victims and the Special Rapporteur therefore
encourages the Government to consider taking steps to develop legislation to
fill the existing gap in the protection of women from domestic violence. The
Special Rapporteur also encourages the Government to take steps to collect
statistics on domestic violence and to undertake training of criminal justice
system personnel.
E/CN.4/1999/68
page 39
240. United Kingdom of Great Britain and Northern Ireland: The Special
Rapporteur welcomes the formulation in Scotland of a national plan of action,
reportedly due to be released in March 1999. The Special Rapporteur urges the
Scottish authorities to ensure mechanisms are created to compile statistics
and undertake systematic training of criminal justice personnel. According to
reports, although police procedures have improved, their success has been
blocked by the criminal justice system.
241. Zimbabwe: The Special Rapporteur welcomes the establishment of a gender
office within the Office of the President, which is taking steps to address
domestic violence. She regrets reports that efforts are not being
systematically undertaken by the Government to collect statistics, undertake
training of criminal justice personnel and provide support services for
victim—survivors. She is, however, encouraged by the pilot project in Harare
and Bulawayo for victim—friendly courts, and the plans to include services for
domestic violence victims within this scheme.
V. CONCLUSION
242. Overwhelmingly, States are failing in their international obligations to
prevent, investigate and prosecute violence against women in the family.
While there are encouraging moves to create and implement new policies,
procedures and laws with respect to violence against women generally, and
domestic violence specifically, such violence does not appear to command
Governments' attention. National policies continuously fail to give priority
and force to women's human rights. Women continue to be viewed and treated as
second—class citizens with a secondary rights status. Violence against women
is overwhelmingly viewed as a “woman's” issue rather than a serious human
rights issue which affects a large percentage of any country's population.
With few exceptions, domestic violence continues, to varying degrees, to be
treated by Governments as a private family matter.
243. The non—governmental sector is charged with the double burden of
undertaking their own programming, while simultaneously pressuring the
Government to fulfil its obligations with respect to women's human rights.
The guest for effective mechanisms to combat violence against women in the
family is not and cannot be the sole responsibility of women's NGOs. Rather,
the eradication of violence against women is the responsibility of
Governments. Eguality, political, social and economic participation, and
development are all seriously undermined by the continuing and growing
prevalence of violence against women generally and domestic violence
specifically. Governments must take every possible step, in consultation and
collaboration with activists, academics and other experts, to prevent,
investigate and prosecute violence against women in the family and provide
support and remedies to victim—survivors of such violence.
E/CN. 4/1999/68
page 40
Notes
1/ The Special Rapporteur would like to thank Lisa Kois,
Marge Schuler and My Linh Soland for their invaluable assistance, as well as
the numerous individuals and organizations who responded to the Special
Rapporteur's request for information. In addition, she would like to thank
Janie Chuang, Kathy Hall Martinez, Rebecca Cook, Rosalind Petchesky and
Saama Rajakaruna for their invaluable assistance in compiling the addendum on
policies and practices that impact women's reproductive rights and contribute
to, cause or constitute violence against women.
2 / Pauline Kolenda, “Regional differences in family structures in
India” in Ratna Kapur and Brenda Cossman, Subversive Sites, Feminist
EnQaQements with Law in India (New Delhi, Sage Publications, 1996)
3 / Ratna Kapur and Brenda Cossman, Subversive Sites. Feminist
EnQaQements with Law in India (New Delhi, Sage Publications, 1996), p. 96.
4/ Mala N. Htun, wLaws and public policies to punish and prevent
violence against women in Latin America”, November 1998, draft paper on file
with the Special Rapporteur.
5/ The Special Rapporteur regrets that some State submissions were
not received in time to be considered in this year's report.
6 / The Special Rapporteur regrets that a portion of the Danish
submission was missing, which necessarily affected her analysis.
Annex I
STATE RESPONSES TO DOMESTIC VIOLENCE (1995-1997)
Countries
Specific
criminal law
National
action plan
Protection
services
Support
services
Records/
statistics
NGO
involvement
Afghanistan No K K K K
Albania No K No No No
Algeria No K K K K
Angola No K K K K
Antigua and Barbuda K K K K K
Argentina K
Armeni a
Austria No No K K K
Australia K K K K K
Bangladesh No K K K No
Belize No No No K No
Benin K No No K No
Bolivia K K No No No
Bosnia and Herzegovina No K No K K
Botswana K K No K K
Brazil K K K K K
British Virgin Islands K K K K K
Brunei Darussalam No K No K K
Bulgaria No No No K K
Cambodia No K K K K
Cameroon K K K K No
Canada No No K K K
Chile K K K K K
China No K No K No
Colombia K K No No No
Countries
Specific
criminal law
National
action plan
Protection
services
Support
services
Records/
statistics
NGO
involvement
Costa Rica K K K K
Croatia No K No No No
Cuba No K No No No
Czech Republic No K K K K
Cyprus K K K K K
Dominica No K No No No
Dominican Republic No K No No No
Ecuador K K No K No
Egypt No K No K K
El Salvador No No No No No
Ethiopia No K No K K
Fiji No K K K K
Finland K K K K K
France K K K K K
Germany K K K K K
Ghana No K No No No
Greece No K K K K
Grenada K K K K K
Guyana K K K K
Haiti No K No No No
Honduras K K No No No
India No K No No No
Indonesia No K K K
Iran (Islamic Republic No K K K
of)
Israel K K K K
Jamaica K K K K
Japan No K No K No
Jordan No K K K K
Countries
Specific
criminal law
National
action plan
Protection
services
Support
services
Records/
statistics
NGO
involvement
Kenya No K No No No
Kazakhstan No K No K
Laos People's Democratic No K K K
Republic
Lebanon No K K K
Lithuania No K No No No
Luxembourg No K K K
Madagascar No K No No No
Malaysia K K K K
Mali No K No K
Mauritius K K K K
Mexico K K K K
Mongolia K K No K
Morocco No K K K
Mozambigue No K No K
Myanmar No K No K
Namibia No K K K
Nepal No K No K
New Zealand K K K K
Nicaragua K K K No
Nigeria No K No No
Norway No K K K
Pakistan No K No K
Panama K K K K
Paraguay K K K No
Peru K K K K
Philippines K K K K
Poland No K No K No
Portugal No K No K
Countries
Specific
criminal law
National
action plan
Protection
services
Support
services
Records/
statistics
NGO
involvement
Republic of Korea K K K K
Republic of Moldova No K No K
Romania No K No No No
Russia No K No K
St. Lucia K K K K
St. Vincent and the K K K K
Grenadines
Senegal No K K K
Sierra Leone No K No K
Singapore K K K K
Slovakia
Slovenia
South Africa
Spain
Sri Lanka No K No No K K
Suriname No K No K K K
Swaziland K K K K K K
Sweden No K K K K K
Switzerland No K K K K K
Syria No K No No K K
Tanzania K K K K K K
Thailand No K No K K K
Tonga K K K No K K
Trinidad and Tobago No K No K K K
Tunisia
Uganda
Ukraine No K No K K K
Countries
Specific
criminal law
National
action plan
Protection
services
Support
services
Records/
statistics
NGO
involvement
United Kingdom
United States
Venezuela
VietNam
Yugos 1 avi a
Zimbabwe
K
K
K
No
No
K
K
K
K
K
No
K
K
K
K
K
K
K
K
K
K
K
K
K
Note : Of the 161 countries that have signed/ratified the Convention on the Elimination of All Forms of
Discrimination against Women, 116 on the list have signed/ratified and 8 have not signed/ratified the
Convention.
t L i
çn
C
C D
Lfl
co
E/CN. 4/1999/68
page 46
Annex II
LIECHTENSTEIN
At the invitation of the Government of the Principality of
Liechtenstein, the Special Rapporteur on violence against women, its causes
and consequences, visited Vaduz on 7 April 1998 to study the issue of domestic
violence.
The Special Rapporteur would like to express her sincere appreciation
for the assistance extended to her by the Government of Liechtenstein. During
her visit, she met with high—level representatives of the Ministry of Foreign
Affairs, the Ministry of Justice, the Ministry of Family Affairs and Equality
between Men and Women, the Office of Social Welfare, the National Police and
the Foreign Police Office. The Special Rapporteur is also grateful to the
representatives of the Equal Rights Office and the Commission on Equal Rights
for Men and Women for the information provided in connection with her visit.
The Special Rapporteur also had the opportunity to meet with
representatives of non—governmental organizations such as Information
and Contact Network for Women (Infra) , Organization for Assistance of
Refugees, Association for Educational Work for Women and Women's Shelter.
The Special Rapporteur wishes to thank them for their valuable cooperation.
During her visit to the women's shelter, the Special Rapporteur took the
testimonies of three women and would like to express her thanks to them for
agreeing to relate their personal experience concerning domestic violence.
The Special Rapporteur was impressed by the shelter and the service it
provides.
The Principality of Liechtenstein, a constitutional monarchy and
parliamentary democracy, has a Government that respects the human rights of
its citizens, as provided for in the Constitution. It is working to eliminate
discrimination against women in the area of civil and political rights. Since
women gained the right to vote, and in accordance with a 1992 constitutional
amendment mandating equality for women, Parliament has amended a significant
number of laws to ensure equality of treatment, inter alia the laws on
citizenship, on employment and on labour conditions. The Special Rapporteur
would like to point out that even if equality between men and women exists
de jure , this does not mean that de facto equality has been achieved, or
that it will automatically be forthcoming. The Special Rapporteur notes
with appreciation that efforts in this respect have been made through
preparatory work on an equality act.
The question of violence against women has so far mainly been raised by
non—governmental organizations in Liechtenstein. For example, in order to
combat all forms of gender—based violence against women, a campaign was
started in September 1997 with the active support of various NGOs. The
first part of the campaign addressed the problem of sexual harassment in
the workplace; the second part, the issue of domestic violence. Although
the will to combat this phenomenon exists, the Special Rapporteur is concerned
E/CN.4/1999/68
page 47
about the lack of studies and disaggregated statistical data on the subject.
No study on sexual harassment in the workplace has been undertaken and no
statistical data on rape are available.
In 1991, the women's shelter, supported by the Association for the
Protection of Mistreated Women and Children, was opened. It has proved
to be an important source of assistance for women victims of violence,
particularly of domestic violence. It offers temporary shelter, qualified
counselling and personal assistance in a secure environment to physically and
psychologically abused women and their children. This project is financed
with government funds. The shelter provided refuge for 15 abused women in
the first half of 1997, only 6 of whom were citizens. The shelter serves as a
model for other jurisdictions.
