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INNOCENTI DIGEST

No.6 - June 2000

DOMESTIC
VIOLENCE
AGAINST
WOMEN AND GIRLS

■ OVERVIEW
■ SCOPE OF THE PROBLEM
■ MAGNITUDE OF THE PROBLEM
■ CAUSES OF DOMESTIC VIOLENCE
■ CONSEQUENCES
■ CALCULATING THE SOCIO-ECONOMIC
COSTS OF VIOLENCE
■ STRATEGIES AND INTERVENTIONS:
AN INTEGRATED APPROACH
■ COMBATING DOMESTIC VIOLENCE:
OBLIGATIONS OF THE STATE
DOMESTIC VIOLENCE
AGAINST WOMEN AND GIRLS

CONTENTS
EDITORIAL 1
EDITORIAL
OVERVIEW 2 Women and children are often in great danger in the place where they should be safest:
SCOPE OF THE PROBLEM 3 within their families. For many, ‘home’ is where they face a regime of terror and violence
MAGNITUDE OF THE PROBLEM 4 at the hands of somebody close to them – somebody they should be able to trust. Those
Physical abuse 4 victimized suffer physically and psychologically. They are unable to make their own
Sexual abuse and rape decisions, voice their own opinions or protect themselves and their children for fear of
in intimate relationships 4
Psychological and emotional abuse 4
further repercussions. Their human rights are denied and their lives are stolen from them
Femicide 6 by the ever-present threat of violence.
Sexual abuse of children This Innocenti Digest looks specifically at domestic violence. The term ‘domestic’
and adolescents 6 includes violence by an intimate partner and by other family members, wherever this
Forced prostitution 6 violence takes place and in whatever form. The Digest builds on the research carried out
Sex-selective abortions, female
by the UNICEF Innocenti Research Centre for an earlier Digest on Children and Violence.
infanticide and differential access
to food and medical care 6 In recent years, there has been a greater understanding of the problem of domestic
Traditional and cultural practices violence, its causes and consequences, and an international consensus has developed on
affecting the health and lives the need to deal with the issue. The Convention on the Elimination of All Forms of
of women 6
Discrimination against Women adopted by the United Nations General Assembly some
CAUSES OF DOMESTIC VIOLENCE 7
20 years ago, the decade-old Convention on the Rights of the Child, and the Platform
CONSEQUENCES 8
for Action adopted at the Fourth International Conference on Women in Beijing in 1995,
Denial of fundamental rights 8
all reflect this consensus. But progress has been slow because attitudes are deeply
Human development goals
undermined 9 entrenched and, to some extent, because effective strategies to address domestic vio-
Health consequences 9 lence are still being defined. As a result, women worldwide continue to suffer, with esti-
Impact on children 9 mates varying from 20 to 50 per cent from country to country.
CALCULATING THE SOCIO-ECONOMIC This appalling toll will not be eased until families, governments, institutions and civil
COSTS OF VIOLENCE 12 society organizations address the issue directly. Women and children have a right to
STRATEGIES AND INTERVENTIONS: State protection even within the confines of the family home. Violence against women
AN INTEGRATED APPROACH 13
is perpetrated when legislation, law enforcement and judicial systems condone or do not
The family 14
recognize domestic violence as a crime. One of the major challenges is to end impunity
Local community 15
Civil society 15
for perpetrators. So far, only 44 countries (approximately) have adopted specific legisla-
The state machinery 17 tion to address domestic violence.
International organizations 19 As this Digest demonstrates, domestic violence is a health, legal, economic, educa-
LINKS 20 tional, developmental and, above all, a human rights issue. Much has been done to cre-
REFERENCES 25
ate awareness and demonstrate that change is not only necessary, it is also possible. Now
that strategies for dealing with it are becoming clearer, there is no excuse for inaction.
Also includes
COMBATING DOMESTIC VIOLENCE:
OBLIGATIONS OF THE STATE Mehr Khan
by Radhika Coomaraswamy 10 Director, UNICEF Innocenti Research Centre

Innocenti Digest no. 6


Main issues


OVERVIEW
“Violence against women is a manifestation of historically unequal power relations between men and women, which have led to
domination over and discrimination against women by men and to the prevention of the full advancement of women...”
The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993.
Violence against women and girls contin-
ues to be a global epidemic that kills, tor- Definitions and Key Concepts
tures, and maims – physically, psycholog- There is no universally accepted definition of violence against women. Some human rights
ically, sexually and economically. It is one activists prefer a broad-based definition that includes "structural violence" such as poverty,
and unequal access to health and education. Others have argued for a more limited
of the most pervasive of human rights vio-
definition in order not to lose the actual descriptive power of the term.2 In any case, the
lations, denying women and girls equality, need to develop specific operational definitions has been acknowledged so that research
security, dignity, self-worth, and their and monitoring can become more specific and have greater cross-cultural applicability.
right to enjoy fundamental freedoms. The United Nations Declaration on the Elimination of Violence against Women (1993)
Violence against women is present in defines violence against women as "any act of gender-based violence that results in, or is
every country, cutting across boundaries likely to result in, physical, sexual or psychological harm or suffering to women, including
threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public
of culture, class, education, income, eth- or in private life."3
nicity and age. Even though most soci- This definition refers to the gender-based roots of violence, recognizing that "violence
eties proscribe violence against women, against women is one of the crucial social mechanisms by which women are forced into a
the reality is that violations against subordinate position compared with men." It broadens the definition of violence by
women’s human rights are often sanc- including both the physical and psychological harm done towards women, and it includes
acts in both private and public life. The Declaration defines violence against women as
tioned under the garb of cultural practices encompassing, but not limited to, three areas: violence occurring in the family, within the
and norms, or through misinterpretation general community, and violence perpetrated or condoned by the State.
of religious tenets. Moreover, when the Domestic violence, as defined for this Digest, includes violence perpetrated by intimate
violation takes place within the home, as partners and other family members, and manifested through:
is very often the case, the abuse is effec- Physical abuse such as slapping, beating, arm twisting, stabbing, strangling, burning,
choking, kicking, threats with an object or weapon, and murder. It also includes traditional
tively condoned by the tacit silence and
practices harmful to women such as female genital mutilation and wife inheritance (the
the passivity displayed by the state and practice of passing a widow, and her property, to her dead husband’s brother).
the law-enforcing machinery. Sexual abuse such as coerced sex through threats, intimidation or physical force, forcing
The global dimensions of this violence unwanted sexual acts or forcing sex with others.
are alarming, as highlighted by studies on Psychological abuse which includes behaviour that is intended to intimidate and
its incidence and prevalence. No society persecute, and takes the form of threats of abandonment or abuse, confinement to the
home, surveillance, threats to take away custody of the children, destruction of objects,
can claim to be free of such violence, the isolation, verbal aggression and constant humiliation.
only variation is in the patterns and trends Economic abuse includes acts such as the denial of funds, refusal to contribute
that exist in countries and regions. financially, denial of food and basic needs, and controlling access to health care,
Specific groups of women are more vul- employment, etc.
nerable, including minority groups, Acts of omission are also included in this Digest as a form of violence against women
and girls.4 Gender bias that discriminates in terms of nutrition, education and access to
indigenous and migrant women, refugee health care amounts to a violation of women's rights. It should be noted that although the
women and those in situations of armed categories above are listed separately, they are not mutually exclusive. Indeed, they often
conflict, women in institutions and deten- go hand in hand.
tion, women with disabilities, female
children, and elderly women. ner, and by other family members, the place where the violent act occurs.
This Digest focuses specifically on whether this violence occurs within or The Digest attempts to set out the mag-
domestic violence – the most prevalent beyond the confines of the home. While nitude and universality of domestic vio-
yet relatively hidden and ignored form of recognizing that other forms of violence lence against women and girls, and its
violence against women and girls. While are equally worthy of attention, this impact on the rights of women and chil-
reliable statistics are hard to come by, Digest does not cover the violence inflict- dren. It emphasizes the need for coordinat-
studies estimate that, from country to ed on women by strangers outside the ed and integrated policy responses;
Innocenti Digest 6 – Domestic Violence

country, between 20 and 50 per cent of home – in public places such as streets, enhancing partnerships between stakehold-
women have experienced physical vio- workplaces or in custody, or in situations ers; setting up mechanisms for monitoring
lence at the hands of an intimate partner of civil conflict or war. It does not look at and evaluating programmes and policies;
or family member.1 the issue of violence against domestic implementing existing legislation; and
For the purpose of this Digest, the workers, as this is perpetrated by individ- ensuring greater transparency and account-
term “domestic violence” includes vio- uals who are not related. In other words, ability from governments in order to elimi-
lence against women and girls by an inti- the term “domestic” here refers to the nate violence against women and girls.
2 mate partner, including a cohabiting part- types of relationships involved rather than Women’s groups have long pushed for
Main issues

such responses, and have placed women’s lations against women. The Fourth World Committee to receive and consider com-
rights firmly on the agenda of internation- Conference on Women in Beijing (1995) plaints from individuals or groups within
al human rights through their advocacy. included elimination of all forms of vio- that State’s jurisdiction. On the basis of
The 1990s, in particular, witnessed con- lence against women as one of its twelve such complaints, the Committee can then
centrated efforts on the part of the world strategic objectives, and listed concrete conduct confidential investigations and
community to legitimize and mainstream actions to be taken by governments, the issue urgent requests for a government to
the issue. The World Conference on United Nations, international and non- take action to protect victims from harm,
Human Rights in Vienna (1993) accepted governmental organizations. bringing the Convention into line with
that the rights of women and girls are “an While gender-based violence is not other human rights instruments such as
inalienable, integral and indivisible part of specifically mentioned in the 1979 the Convention against Torture.
universal human rights.” The United Convention on the Elimination of All This growing momentum has com-
Nations General Assembly, in December Forms of Discrimination against Women pelled a better understanding of the caus-
1993, adopted the Declaration on the (CEDAW), in 1992 the Committee over- es and consequences of violence against
Elimination of Violence against Women. It seeing CEDAW implementation adopted women, and positive steps have been
is the first international human rights General Recommendation 19, which taken in some countries, including reform-
instrument to deal exclusively with vio- states that it is a form of discrimination ing and changing laws that deal with this
lence against women, a groundbreaking that inhibits a woman’s ability to enjoy issue. Some regions have developed their
document that became the basis for many rights and freedoms on a basis of equality own conventions on violence against
other parallel processes. with men. It asks that governments take women, examples of which are the Inter-
In 1994, the Commission on Human this into consideration when reviewing American Convention on the Prevention,
Rights appointed the first UN Special their laws and policies. Punishment and Eradication of Violence
Rapporteur on Violence against Women, Under the new Optional Protocol to against Women, and the African
entrusting her with the task of analyzing CEDAW, adopted by the UN General Convention on Human and People’s
and documenting the phenomenon, and Assembly in October 1999, ratifying Rights, including its Additional Protocol
holding governments accountable for vio- States recognize the authority of the on Women’s Rights.


SCOPE OF THE PROBLEM
The family is often equated with sanctuary lation, early marriage, and forced prostitu- include forced pregnancy, abortion or ster-
– a place where individuals seek love, safe- tion or bonded labour. ilization, and harmful traditional practices
ty, security, and shelter. But the evidence Some go on to suffer throughout their such as dowry-related violence, sati (the
shows that it is also a place that imperils adult lives – battered, raped and even mur- burning of a widow on the funeral pyre of
lives, and breeds some of the most drastic dered at the hands of intimate partners. her husband), and killings in the name of
forms of violence perpetrated against Other crimes of violence against women honour. And in later life, widows and elder-
women and girls.
Violence in the domestic sphere is usual-
ly perpetrated by males who are, or who Table 1 - Examples of Violence against Women
have been, in positions of trust and intima- Throughout the Life Cycle
cy and power – husbands, boyfriends,
Phase Type of violence
fathers, fathers-in-law, stepfathers, brothers,
uncles, sons, or other relatives. Domestic Pre-birth Sex-selective abortion; effects of battering during pregnancy on birth
outcomes.
violence is in most cases violence perpetrat-
ed by men against women. Women can also Infancy Female infanticide; physical, sexual and psychological abuse.
be violent, but their actions account for a Girlhood Child marriage; female genital mutilation; physical, sexual and
small percentage of domestic violence. psychological abuse; incest; child prostitution and pornography.
Violence against women is often a cycle Adolescence and Dating and courtship violence (e.g. acid throwing and date rape)
of abuse that manifests itself in many forms Adulthood economically coerced sex (e.g. school girls having sex with “sugar
Innocenti Digest 6 – Domestic Violence

throughout their lives (see Table 1). Even daddies” in return for school fees); incest; sexual abuse in the
workplace; rape; sexual harassment; forced prostitution and
at the very beginning of her life, a girl may
pornography; trafficking in women; partner violence; marital rape;
be the target of sex-selective abortion or
dowry abuse and murders; partner homicide; psychological abuse;
female infanticide in cultures where son- abuse of women with disabilities; forced pregnancy.
preference is prevalent. During childhood,
Elderly Forced “suicide” or homicide of widows for economic reasons; sexual,
violence against girls may include enforced physical and psychological abuse.
malnutrition, lack of access to medical care
(Source: “Violence Against Women”, WHO., FRH/WHD/97.8)
and education, incest, female genital muti- 3
Main issues

ly women may also experience abuse. ical abuse makes it harder to define and severity. It can be perpetrated intentionally,
While the impact of physical abuse report, leaving the woman in a situation and committed for the specific purposes of
may be more ‘visible’ than psychological where she is often made to feel mentally punishment, intimidation, and control of
scarring, repeated humiliation and insults, destabilized and powerless. the woman’s identity and behaviour. It takes
forced isolation, limitations on social Jurists and human rights experts and place in situations where a woman may
mobility, constant threats of violence and activists have argued that the physical, sex- seem free to leave, but is held prisoner by
injury, and denial of economic resources ual and psychological abuse, sometimes fear of further violence against herself and
are more subtle and insidious forms of vio- with fatal outcomes, inflicted on women is her children, or by lack of resources, fami-
lence. The intangible nature of psycholog- comparable to torture in both its nature and ly, legal or community support.5


MAGNITUDE OF THE PROBLEM
The extent, validity and reliability of the they may have to contend with police and access to his wife. Surveys in many coun-
data available are critical in determining health care officials who have not been tries reveal that approximately 10 to 15 per
the magnitude of the problem and in iden- trained to respond adequately or to keep cent of women report being forced to have
tifying priority areas for intervention. consistent records. On the other hand, sex with their intimate partner.8
Prevalence studies with samples of repre- shame, fear of reprisal, lack of information Some countries have begun to legislate
sentative populations are relatively new in about legal rights, lack of confidence in, against marital rape. These include
developing countries. Such studies were or fear of, the legal system, and the legal Australia, Austria, Barbados, Canada,
initially conducted in industrialized coun- costs involved make women reluctant to Cyprus, Denmark, the Dominican
tries – the United States, Canada, and report incidents of violence. Republic, Ecuador, Finland, France,
Europe. For example, one very influential Germany, Ireland, Mexico, Namibia, New
survey conducted in Canada in 1993 under Zealand, Norway, the Philippines, Poland,
the auspices of the Canadian government Physical abuse Russia, South Africa, Spain, Sweden,
was developed in consultation with A growing body of research studies con- Trinidad & Tobago, the United Kingdom
women’s organizations and ensured ade- firms the prevalence of physical violence and the United States of America.
quate support and services for women par- in all parts of the globe, including the esti- Although provision of such laws represents
ticipating in the survey. mates of 20 to 50 per cent of women from considerable progress, it is often difficult
When designing research on violence country to country who have experienced for a woman to press charges because of
against women, it is important that the domestic violence7. Statistics are grim no the evidential rules concerning the crime.
research itself does not put women at risk. matter where in the world one looks. Data
The World Health Organization (WHO) from industrialized and developing coun-
has developed specific ethical and safety tries as well as from transitional countries Psychological
recommendations that take into account, (see Table 2) provide an overview of the and emotional abuse
among other issues, the safety of respon- global problem. The data in this table Because psychological violence is harder
dents and the research team, protecting focus only on physical assault. There are to capture in quantitative studies, a full
confidentiality to ensure both women’s few comparable statistics on psychological picture of the deeper and more insidious
safety and data quality, and specialized violence, sexual abuse, and murder of levels of violence defies quantification.
training of interviewers.6 women at the hands of intimate partners Victim-survivors report that ongoing psy-
Most of the data available on violence and other family members. As already chological violence – emotional torture
against women are believed to be not only mentioned, physical violence is usually and living under terror – is often more
conservative, but unreliable. Studies vary accompanied by psychological abuse, and unbearable than the physical brutality,
in the sample size of women chosen, and in many cases by sexual assault. with mental stress leading to a high inci-
the ways in which questions have been dence of suicide and suicide attempts. A
posed. It is difficult to compare these stud- close correlation between domestic vio-
ies because of inconsistency in the defini- Sexual abuse and rape lence and suicide has been established
tion of domestic violence and in the para- in intimate relationships based on studies in the United States, Fiji,
Innocenti Digest 6 – Domestic Violence

meters used, which can range from physi- Sexual abuse and rape by an intimate part- Papua New Guinea, Peru, India,
cal abuse alone, to physical, sexual and ner is not considered a crime in most coun- Bangladesh and Sri Lanka. Suicide is 12
psychological abuse. tries, and women in many societies do not times as likely to have been attempted by
Debate regarding the magnitude of the consider forced sex as rape if they are mar- a woman who has been abused than by
problem is also clouded by the fact that ried to, or cohabiting with, the perpetrator. one who has not.9 In the United States, as
domestic violence is a crime that is under- The assumption is that once a woman many as 35 to 40 per cent of battered
recorded and under-reported. When enters into a contract of marriage, the hus- women attempt suicide.10 In Sri Lanka, the
4 women file a report or seek treatment, band has the right to unlimited sexual number of suicides by girls and women
Main issues

Table 2 - Domestic Violence against Women


Industrialized Countries
Canada
● 29% of women (a nationally representative sample of 12,300 women) reported being physically assaulted by a current or former
partner since the age of 16.
Japan
● 59% of 796 women surveyed in 1993 reported being physically abused by their partner.
New Zealand
● 20% of 314 women surveyed reported being hit or physically abused by a male partner.
Switzerland
● 20% of 1,500 women reported being physically assaulted according to a 1997 survey.
United Kingdom
● 25% of women (a random sample of women from one district) had been punched or slapped by a partner or ex-partner in their lifetime.
United States
● 28% of women (a nationally representative sample of women) reported at least one episode of physical violence from their partner.

Asia and the Pacific


Cambodia
● 16% of women (a nationally representative sample of women) reported being physically abused by a spouse; 8% report being injured.
India
● Up to 45% of married men acknowledged physically abusing their wives, according to a 1996 survey of 6,902 men in the state of
Uttar Pradesh.
Korea
● 38% of wives reported being physically abused by their spouse, based on a survey of a random sample of women.
Thailand
● 20% of husbands (a representative sample of 619 husbands) acknowledged physically abusing their wives at least once in their marriage.

Middle East
Egypt
● 35% of women (a nationally representative sample of women) reported being beaten by their husband at some point in their marriage.
Israel
● 32% of women reported at least one episode of physical abuse by their partner and 30% report sexual coercion by their husbands in
the previous year, according to a 1997 survey of 1,826 Arab women.
Africa
Kenya
● 42% of 612 women surveyed in one district reported having been beaten by a partner; of those 58% reported that they were beaten
often or sometimes.
Uganda
● 41% of women reported being beaten or physically harmed by a partner; 41% of men reported beating their partner (representative
sample of women and their partners in two districts).
Zimbabwe
● 32% of 966 women in one province reported physical abuse by a family or household member since the age of 16, according to a
1996 survey.
Latin America and the Caribbean
Chile
● 26% of women (representative sample of women from Santiago) reported at least one episode of violence by a partner, 11%
reported at least one episode of severe violence and 15% of women reported at least one episode of less severe violence.
Colombia
● 19% of 6,097 women surveyed have been physically assaulted by their partner in their lifetime.
Mexico
● 30% of 650 women surveyed in Guadalajara reported at least one episode of physical violence by a partner; 13% reported physical
violence within the previous year, according to a 1997 report.
Nicaragua
● 52% of women (representative sample of women in León) reported being physically abused by a partner at least once; 27% reported
physical abuse in the previous year, according to a 1996 report.
Central and Eastern Europe/CIS/Baltic States
Estonia
● 29% of women aged 18-24 fear domestic violence, and the share rises with age, affecting 52% of women 65 or older, according to
Innocenti Digest 6 – Domestic Violence

a 1994 survey of 2,315 women.


Poland
● 60% of divorced women surveyed in 1993 by the Centre for the Examination of Public Opinion reported having been hit at least
once by their ex-husbands; an additional 25% reported repeated violence.
Russia (St. Petersburg)
● 25% of girls (and 11% of boys) reported unwanted sexual contact, according to a survey of 174 boys and 172 girls in grade 10 (aged 14-17).
Tajikistan
● 23% of 550 women aged 18-40 reported physical abuse, according to a survey.

(Adapted from “Violence Against Women,” WHO, FRH/WHD/97.8, “Women in Transition,” Regional Monitoring Report, UNICEF 1999, and a study by Domestic Violence Research Centre, Japan.)
5
Main issues

15-24 years old is 55 times greater than Destitute families, unable to support their 10,000 cases of female infanticide annual-
the number of deaths due to pregnancy children, often hire out or sell their chil- ly. The figure does not take into account
and childbirth.11 dren, who may then be forced into prosti- the number of abortions performed to
tution. Very often the young girl is sent as prevent the birth of a child.19 An official
a domestic worker, in which case she may survey in China revealed that, with its
Femicide be physically and sexually exploited by one-child policy, 12 per cent of all female
Femicide – murder of women by their bat- her employers. For example, in West embryos were aborted or otherwise unac-
terers – is another phenomenon that Africa – from Senegal to Nigeria – tens of counted for.20 And in many countries the
should be regarded as a separate category thousands of children of destitute families discrimination that leads to the neglect of
when recording domestic violence. Studies are reportedly sent to the Middle East girl children is the greatest cause of sick-
carried out in Australia, Bangladesh, each year, many of them ending up as ness and death among girls between the
Canada, Kenya, Thailand and the United prostitutes.17 In South Africa, child prosti- ages of two and five years.21 Girls in many
States of America have documented the tution is on the rise and has become an developing countries receive less nourish-
incidence of femicide within the domestic increasingly organized activity. In certain ment than boys, and they are more likely
sphere.12 In Southern Africa, women’s hill districts of Nepal, prostitution has to suffer mental or physical disability or
groups have begun to document the become an almost ‘traditional’ source of even die, as a result of poor nutrition. Less
increasing incidence of femicide, and data income. Women and girls are tricked or access to health care also exacerbates the
on this issue are available from Botswana, forced by their husbands and relatives much higher mortality rate among girls.
South Africa, Swaziland, Zambia, and into being trafficked to India for prostitu- Sex-selective abortion, female infanti-
Zimbabwe.13 A comparative analysis of tion. In the poor rural areas of Thailand, cide, and systematic differential access to
spousal homicide, based on 1991 data, where poverty has given rise to the phe- food and medical care have led to the
concluded that Russian women are 2.5 nomenon of debt bondage, it is believed phenomenon known as the “missing mil-
times more likely to be murdered by their that it is the daughter’s duty to sacrifice lions” of women and girls. An estimated
partners than American women. However, herself for the well-being of her family. 60 million women are simply missing
American women are already twice as like- Traffickers buy the “labour” of young from the population statistics. In other
ly to be killed by their partners than women and girls in exchange for money. words there are 60 million fewer women
women in Western European countries.14 The high incidence of HIV/AIDS in the alive in the world than should be expect-
country has been attributed to this traf- ed on the basis of general demographic
ficking in young girls.18 In Northern trends. The phenomenon is observed pri-
Sexual abuse of children Ghana and parts of Togo, girls are “donat- marily in South Asia, North Africa, the
and adolescents ed” to priests, and are forced to live as Middle East and China.22
“wives” and submit sexually to the shrine
Considering the taboo in most countries
priests in return for protection for the
that surrounds incest or the sexual abuse of Traditional and cultural
family. A similar practice exists in south-
children and adolescents within the family, practices affecting
ern India where young women and girls
this is one of the most invisible forms of
(devadasis) are “donated” to serve a temple; the health and lives
violence. Because the crime is perpetrated
most often by a father, stepfather, grandfa-
and very often end up being prostituted. of women
ther, brother, uncle, or another male rela- Around the world, women and girls suffer
tive in a position of trust, the rights of the Sex-selective abortions, the harmful and life-threatening effects of
child are usually sacrificed in order to pro- traditional and cultural practices that con-
female infanticide tinue under the guise of cultural and social
tect the name of the family and that of the
and differential access conformism and religious beliefs.
adult perpetrator. However, studies have
shown that from 40 to 60 per cent of
to food and medical care Examples include:
known sexual assaults within the family are In societies where a higher value is placed Female Genital Mutilation (FGM): It has
committed against girls aged 15 years and on sons, discrimination towards female been estimated that nearly 130 million
younger, regardless of region or culture.15 A children can take extreme forms such as women worldwide have undergone FGM
recent study in the Netherlands showed sex-selective abortions and female infanti- and that approximately two million
that 45 per cent of the victims of sexual vio- cide. In India, a recent survey reported undergo the procedure every year. FGM
lence within the domestic sphere are under
the age of 18. Of these, girls are far more Killing in the Name of Honour
Innocenti Digest 6 – Domestic Violence

likely to be victims of incest than boys.16 The issue of killings in the name of honour began to appear on the political agenda in
Pakistan in 1999 as a result of growing pressure from NGOs, the media, activists, and
UN agencies including UNICEF. On 21 April, 2000, at a National Convention on Human
Forced prostitution Rights and Human Dignity, General Pervez Musharraf, The Chief Executive of Pakistan
announced that such killings would be treated as murder. “The Government of Pakistan,
Forced prostitution or other kinds of com-
vigorously condemns the practice of so-called ‘honour killing’. Such actions do not find
mercial exploitation by male partners or any place in our religion or law.” The killings continue, but steps are now being taken to
parents is another form of violence against address the issue.
6 women and children reported worldwide.
Main issues

takes place in 28 countries in Africa (both lenient, particularly if the crime is commit- out it; more than 50 countries allow mar-
eastern and western), in some regions in ted by boys under 18 years of age. riage at 16 or below with parental con-
Asia and the Middle East, and in certain Early marriages: Early marriage, with or sent.23 Early marriage leads to child-
immigrant communities in North without the consent of the girl, consti- hood/teenage pregnancy, and can expose
America, Europe and Australia. It can lead tutes a form of violence as it undermines the girl to HIV/AIDS and other sexually
to death and infertility, and long-term the health and autonomy of millions of transmitted diseases. It is also associated
psychological trauma combined with young girls. The legal minimum age of with adverse health effects for her chil-
extreme physical suffering. marriage is usually lower for females than dren, such as low birthweight.
Dowry-related violence: Even though India for males. In many countries, the mini- Furthermore, it has an adverse effect on
has legally abolished the institution of mum legal age for marriage with parental the education and employment opportu-
dowry, dowry-related violence is actually consent is considerably lower than with- nities of girls.
on the rise. More than 5,000 women are
killed annually by their husbands and in-
laws, who burn them in “accidental”
kitchen fires if their ongoing demands for

dowry before and after marriage are not
met. An average of five women a day are
CAUSES OF DOMESTIC VIOLENCE
burned, and many more cases go unre-
There is no one single factor to account women. Factors contributing to these
ported. for violence perpetrated against women. unequal power relations include: socio-
Deaths by kitchen fires are also on the Increasingly, research has focused on the economic forces, the family institution
rise, for example, in certain regions of inter-relatedness of various factors that where power relations are enforced, fear of
Pakistan. The Human Rights Commission should improve our understanding of the and control over female sexuality, belief in
of Pakistan reports that at least four problem within different cultural contexts. the inherent superiority of males, and leg-
women are burned to death daily by hus- Several complex and interconnected islation and cultural sanctions that have
bands and family members as a result of institutionalized social and cultural factors traditionally denied women and children
domestic disputes. have kept women particularly vulnerable an independent legal and social status.
Acid attacks: Sulphuric acid has emerged to the violence directed at them, all of Lack of economic resources underpins
as a cheap and easily accessible weapon to them manifestations of historically women’s vulnerability to violence and
disfigure and sometimes kill women and unequal power relations between men and their difficulty in extricating themselves
girls for reasons as varied as family feuds,
inability to meet dowry demands, and
rejection of marriage proposals. In Table 3 - Factors That Perpetuate Domestic Violence
Bangladesh, it is estimated that there are Cultural ● Gender-specific socialization
over 200 acid attacks each year. ● Cultural definitions of appropriate sex roles
● Expectations of roles within relationships
Killing in the name of honour: In several
● Belief in the inherent superiority of males
countries in the world including, but not ● Values that give men proprietary rights over women and girls
limited to, Bangladesh, Egypt, Jordan, ● Notion of the family as the private sphere and under male control
Lebanon, Pakistan, and Turkey, women are ● Customs of marriage (bride price/dowry)
● Acceptability of violence as a means to resolve conflict
killed in order to uphold the “honour” of
the family. Any reason – alleged adultery, Economic ● Women’s economic dependence on men
premarital relationships (with or without ● Limited access to cash and credit
sexual relations), rape, falling in love with ● Discriminatory laws regarding inheritance, property rights, use of

a person of whom the family disapproves – communal lands, and maintenance after divorce or widowhood
● Limited access to employment in formal and informal sectors
are all reason enough for a male member
● Limited access to education and training for women
of the family to kill the woman concerned.
In 1997, more than 300 women were vic- Legal ● Lesser legal status of women either by written law and/or by practice
tims of these so-called “honour” crimes in ● Laws regarding divorce, child custody, maintenance and inheritance
just one province of Pakistan. In Jordan, ● Legal definitions of rape and domestic abuse
● Low levels of legal literacy among women
the official toll is rising and in reality the
● Insensitive treatment of women and girls by police and judiciary
numbers are higher because many such
Innocenti Digest 6 – Domestic Violence

murders are recorded as suicides or acci- Political ● Under-representation of women in power, politics, the media and in the
dents. Victim-survivors of attempted mur- legal and medical professions
● Domestic violence not taken seriously
ders are forced to remain in protective cus-
● Notions of family being private and beyond control of the state
tody, knowing that leaving custody would ● Risk of challenge to status quo/religious laws
result in death at the hands of the family. ● Limited organization of women as a political force
The penal codes in Jordan that govern ● Limited participation of women in organized political system

crimes of honour also sanction killing by


(Source: Heise. 1994) 7
making the penalty disproportionately
Main issues

from a violent relationship. The link societies. Traditional norms in these soci- and neighbours) or formal (community
between violence and lack of economic eties allow the killing of ‘errant’ daughters, organizations, women’s self-help groups,
resources and dependence is circular. On sisters and wives suspected of defiling the or affiliated to political parties).29
the one hand, the threat and fear of vio- honour of the family by indulging in for- Lack of legal protection, particularly
lence keeps women from seeking employ- bidden sex, or marrying and divorcing within the sanctity of the home, is a
ment, or, at best, compels them to accept without the consent of the family. By the strong factor in perpetuating violence
low-paid, home-based exploitative labour. same logic, the honour of a rival ethnic against women. Until recently, the pub-
And on the other, without economic inde- group or society can be defiled by acts of lic/private distinction that has ruled most
pendence, women have no power to sexual violence against its women. legal systems has been a major obstacle to
escape from an abusive relationship.24 Experiences during childhood, such as women’s rights. Increasingly, however,
The reverse of this argument also holds witnessing domestic violence and experi- States are seen as responsible for protect-
true in some countries; that is, women’s encing physical and sexual abuse, have ing the rights of women even in connec-
increasing economic activity and indepen- been identified as factors that put children tion with offences committed within the
dence is viewed as a threat which leads to at risk. Violence may be learnt as a means home. In many countries violence against
increased male violence.25 This is particu- of resolving conflict and asserting man- women is exacerbated by legislation, law
larly true when the male partner is unem- hood by children who have witnessed enforcement and judicial systems that do
ployed, and feels his power undermined in such patterns of conflict resolution. not recognize domestic violence as a
the household. Excessive consumption of alcohol and crime. The challenge is to end impunity
Studies have also linked a rise in violence other drugs has also been noted as a factor for the perpetrators as one means of pre-
to the destabilization of economic patterns in provoking aggressive and violent male venting future abuse.
in society. Macro-economic policies such as behaviour towards women and children. Investigations by Human Rights
structural adjustment programmes, global- A survey of domestic violence in Moscow Watch have found that in cases of domes-
ization, and the growing inequalities they revealed that half the cases of physical tic violence, law enforcement officials fre-
have created, have been linked to increasing abuse are associated with the husband’s quently reinforce the batterers’ attempts
levels of violence in several regions, includ- excessive alcohol consumption.28 to control and demean their victims. Even
ing Latin America, Africa and Asia.26 The The isolation of women in their fami- though several countries now have laws
transition period in the countries of Central lies and communities is known to con- that condemn domestic violence, “when
and Eastern Europe and the former Soviet tribute to increased violence, particularly committed against a woman in an intimate
Union – with increases in poverty, unem- if those women have little access to family relationship, these attacks are more often
ployment, hardship, income inequality, or local organizations. On the other hand, tolerated as the norm than prosecuted as
stress, and alcohol abuse – has led to women’s participation in social networks laws....In many places, those who commit
increased violence in society in general, has been noted as a critical factor in less- domestic violence are prosecuted less vig-
including violence against women. These ening their vulnerability to violence and in orously and punished more leniently than
factors also act indirectly to raise women’s their ability to resolve domestic violence. perpetrators of similarly violent crimes
vulnerability by encouraging more risk-tak- These networks could be informal (family against strangers.”30
ing behaviour, more alcohol and drug abuse,
the breakdown of social support networks,
and the economic dependence of women on
their partners.27

Cultural ideologies – both in industrial-
ized and developing countries – provide
CONSEQUENCES
‘legitimacy’ for violence against women in broad concept of human rights that
certain circumstances. Religious and his- Denial of stretches beyond civil and political rights
torical traditions in the past have sanc- fundamental rights to the core issues of economic survival,
tioned the chastising and beating of wives. Perhaps the most crucial consequence of health, and education that affect the quali-
The physical punishment of wives has been violence against women and girls is the ty of daily life for most women and chil-
particularly sanctioned under the notion of denial of fundamental human rights to dren. The two Conventions call for the
entitlement and ownership of women. women and girls. International human right to protection from gender-based
Male control of family wealth inevitably rights instruments such as the Universal abuse and neglect.
places decision-making authority in male Declaration of Human Rights (UDHR), The strength of these treaties rests on
Innocenti Digest 6 – Domestic Violence

hands, leading to male dominance and pro- adopted in 1948, the Convention on the an international consensus, and the
prietary rights over women and girls. Elimination of All Forms of Discrimination assumption that all practices that harm
The concept of ownership, in turn, Against Women (CEDAW), adopted in women and girls, no matter how deeply
legitimizes control over women’s sexuali- 1979, and the Convention on the Rights of they are embedded in culture, must be
ty, which in many law codes has been the Child (CRC), adopted in 1989, affirm eradicated. Legally binding under interna-
deemed essential to ensure patrilineal the principles of fundamental rights and tional law for governments that have rati-
inheritance. Women’s sexuality is also tied freedoms of every human being. Both fied them, these treaties oblige govern-
8 to the concept of family honour in many CEDAW and the CRC are guided by a ments not only to protect women from
Main issues

crimes of violence, but also to investigate to illegal abortions. Girls who have been
violations when they occur and to bring Table 4 - Health Consequences sexually abused in their childhood are
the perpetrators to justice.31 of Violence Against Women more likely to engage in risky behaviour
NON-FATAL OUTCOMES such as early sexual intercourse, and are at
Physical health outcomes: greater risk of unwanted and early preg-
Human development goals ● Injury (from lacerations to fractures nancies.33 Women in violent situations are
undermined and internal organs injury) less able to use contraception or negotiate
● Unwanted pregnancy safer sex, and therefore run a high risk of
There is a growing recognition that coun-
● Gynaecological problems contracting sexually transmitted diseases
tries cannot reach their full potential as
● STDs including HIV/AIDS
long as women’s potential to participate and HIV/AIDS.34
● Miscarriage
fully in their society is denied. Data on the The impact of violence on women’s
● Pelvic inflammatory disease
social, economic and health costs of vio- mental health leads to severe and fatal
● Chronic pelvic pain
lence leave no doubt that violence against consequences. Battered women have a
● Headaches
women undermines progress towards ● Permanent disabilities
high incidence of stress and stress-related
human and economic development. ● Asthma
illnesses such as post-traumatic stress syn-
Women’s participation has become key in ● Irritable bowel syndrome drome, panic attacks, depression, sleeping
all social development programmes, be ● Self-injurious behaviours and eating disturbances, elevated blood
they environmental, for poverty allevia- (smoking, unprotected sex) pressure, alcoholism, drug abuse, and low
tion, or for good governance. By hamper- self-esteem. For some women, fatally
Mental health outcomes:
ing the full involvement and participation ● Depression depressed and demeaned by their abuser,
of women, countries are eroding the ● Fear
there seems to be no escape from a violent
human capital of half their populations. ● Anxiety relationship except suicide.
True indicators of a country’s commitment ● Low self-esteem

to gender equality lie in its actions to elim- ● Sexual dysfunction

inate violence against women in all its ● Eating problems Impact on children
● Obsessive-compulsive disorder
forms and in all areas of life. Children who have witnessed domestic
● Post traumatic stress disorder
violence or have themselves been abused,
FATAL OUTCOMES exhibit health and behaviour problems,
Health consequences ● Suicide including problems with their weight,
● Homicide their eating and their sleep.39 They may
Domestic violence against women leads to
● Maternal mortality have difficulty at school and find it hard
far-reaching physical and psychological
● HIV/AIDS
consequences, some with fatal outcomes to develop close and positive friendships.
(see Table 4). While physical injury repre- (Source: “Violence against Women”, WHO They may try to run away or even display
sents only a part of the negative health Consultation, 1996) suicidal tendencies.
impacts on women, it is among the more
visible forms of violence. The United Domestic Violence and HIV/AIDS
States Department of Justice has reported Nearly 14 million women today are infected with HIV and the rate of female infection is
that 37 per cent of all women who sought rising. A forthcoming study from WHO finds that the greatest risk of HIV infection for many
medical care in hospital emergency rooms women comes from a regular partner, and is heightened by an unequal relationship that
for violence-related injuries were injured by makes it difficult, if not impossible, to negotiate safe sex. For these women, sex is not a
matter of choice.35
a current or former spouse or partner.32 A study of women aged 18 and over in one province in Zimbabwe found that 26 per cent
Assaults result in injuries ranging from of married women reported being forced to have sex when they did not want to. It is widely
bruises and fractures to chronic disabilities acknowledged that, even when a woman is aware that her partner has other sexual partners,
such as partial or total loss of hearing or or is HIV infected, she may not be in a position to insist on condom use or monogamy. Most
HIV/AIDS prevention programmes, however, advocate both methods. Many women would
vision, and burns may lead to disfigure-
feel that any attempt to discuss such measures would provoke yet more violence.36
ment. The medical complications resulting Other studies have found that the spread of HIV/AIDS in some parts of Africa is being
from FGM can range from haemorrhage exacerbated by practices that see women as the ‘property’ of men. The tradition of wife or
and sterility to severe psychological trau- widow inheritance, for example, is fairly common in eastern and southern Africa. When a
ma. Studies in many countries have shown woman’s husband dies, his wife and property are often inherited by his eldest brother. In
western Kenya women have been forced to marry, even when their husbands have died of
high levels of violence during pregnancy
Innocenti Digest 6 – Domestic Violence

AIDS, when they themselves are infected, or when their future husband has AIDS. There are
resulting in risk to the health of both the no laws to address this practice in Kenya.37
mother and the unborn foetus. In the worst Sexual cleansing is a more recent phenomena, resulting from, and contributing to, the
cases, all of these examples of domestic vio- spread of HIV/AIDS. Practised within extended families in western Kenya, Zimbabwe and
lence can result in the death of the woman parts of Ghana, it is based on the belief that a man can be cured of HIV/AIDS if he has sex
with a young girl who is a virgin. Girls as young as eight are selected to ensure their purity.38
– murdered by her current or ex-partner. A new approach is required that acknowledges the links between violence against
Sexual assaults and rape can lead to women and the spread of HIV/AIDS, and translates this into policies and programmes for
unwanted pregnancies, and the dangerous HIV prevention and care.
complications that follow from resorting (continued on page 12) 9
Discussion site


COMBATING DOMESTIC VIOLENCE:
OBLIGATIONS OF THE STATE
by Radhika Coomaraswamy
United Nations Special Rapporteur on Violence Against Women*

Domestic violence, whether it is perpetrated kinds of violence, including violence and to “pursue by all appropriate means and
by private or state actors, constitutes a vio- abuse in the family, sexual assault and sexual without delay a policy of eliminating dis-
lation of human rights. It is the duty of states harassment in the workplace; crimination against women”, which includes
to ensure that there is no impunity for the (2) preventive measures, including public the duty to “refrain from engaging in any act
perpetrators of such violence. Often state information and education programmes to or practice of discrimination against women
policies and inaction perpetuate or condone change attitudes concerning the roles and and to ensure that public authorities and
such violence within the domestic sphere. status of men and women; institutions shall act in conformity with this
States have a double duty under internation- (3) protective measures, including refuges, obligation” and “to take all appropriate mea-
al human rights law. They are not only counselling, rehabilitation action and sup- sures, including legislation, to modify or
required not to commit human rights viola- port services for women who are experienc- abolish existing laws, regulations, customs
tions, but also to prevent and respond to ing violence or who are at risk of violence. and practices which constitute discrimina-
human rights abuses. The United Nations Declaration on the tion against women”.
In the past, human rights protection was Elimination of Violence Against Women Domestic violence as torture
interpreted narrowly – state inaction to pre- also calls on States to “pursue by all appro- This school of thought argues that
vent and punish violations was not viewed as priate means and without delay a policy of domestic violence is a form of torture and
a failure in its duty to protect human rights. eliminating violence against women” and, should be dealt with accordingly. The argu-
The concept of state responsibility has now further to “exercise due diligence to prevent, ment is that, depending on the severity and
developed to recognize that states also have investigate and, in accordance with national the circumstances giving rise to state
an obligation to take preventive and puni- legislation, punish acts of violence against responsibility, domestic violence can consti-
tive steps where rights violations by private women, whether those acts are perpetrated tute torture or cruel, inhuman and degrading
actors occur. by the State or by private persons”.2 treatment or punishment under the
The concept of due diligence has been International Covenant on Civil and
taken forward by the judgement of the Inter- Political Rights, and the Convention
International American Court of Human Rights in the Against Torture and Other Cruel, Inhuman
legal standards case of Velásquez Rodríguez. The Court or Degrading Treatment or Punishment.
Three doctrines, developed by human rights required the government to “take reasonable It is argued that domestic violence
scholars and activists, have to be taken into steps to prevent human rights violations and involves the very four critical elements that
account when dealing with the issue of vio- to use the means at its disposal to carry out constitute torture: (a) it causes severe physi-
lence against women by private actors. The a serious investigation of violations commit- cal and or mental pain, it is (b) intentionally
first is that states have a responsibility to ted within this jurisdiction, to identify those inflicted, (c) for specified purposes and (d)
exercise due diligence to prevent, investi- responsible, to impose the appropriate pun- with some form of official involvement,
gate and punish international law violations ishment and to ensure the victim adequate whether active or passive.
and pay just compensation. compensation”.3 Proponents of this argument call for
Due diligence Thus, the existence of a legal system domestic violence to be understood and
In 1992, the Committee on the criminalizing and providing sanctions for treated as a form of torture and, when less
Elimination of Discrimination Against domestic assault would not in itself be suffi- severe, ill-treatment. This argument deserves
Women (CEDAW) adopted General cient; the government would have to per- consideration by the rapporteurs and treaty
Recommendation 19, in which it confirmed form its functions to “effectively ensure” that bodies that investigate these violations,
that violence against women constitutes a incidents of family violence are actually together perhaps with appropriate NGO
violation of human rights and emphasizes investigated and punished.4 experts and jurists.
that “States may also be responsible for pri- Equal protection of the law
vate acts if they fail to act with due diligence This doctrine is related to the concept of
to prevent violations of rights or to investi- equality and equal protection. If it can be
Responses to combat
Innocenti Digest 6 – Domestic Violence

gate and punish acts of violence, and for pro- shown that law enforcement discriminates domestic violence
viding compensation”.1 The Committee against the victims in cases involving vio- Today, many States recognize the impor-
made recommendations on measures states lence against women, then the State may be tance of protecting women from abuse and
should take to provide effective protection of held liable for violating international human punishing the perpetrators of the crimes.
women against violence, including: rights standards of equality. One of the major questions facing law
(1) effective legal measures, including penal The Convention on the Elimination of reformers is whether to ‘criminalize’ wife
sanctions, civil remedies and compensatory All Forms of Discrimination Against battery. There is a sense that domestic vio-
10 provisions to protect women against all Women, in Article 2, requires State parties lence is a crime between those who are
Discussion site

linked by bonds of intimacy. The question arrest, without a warrant, a person who has survivors to the correct procedures for seek-
of intimacy, i.e. whether wife-battering contravened a protection order. ing redress.
should be treated as an ordinary crime or Civil law remedies, such as an injunction Any relief given to domestic violence
whether there should be an emphasis on which is used to support a primary cause of victims should also include counselling for
counselling and mediation, poses a major action such as divorce, nullity or judicial both the battered and the batterers. These
dilemma for policy makers. separation, can also be utilized. Some juris- programmes can even serve as alternative
Criminalization dictions have enacted legislation removing sentencing options especially in cases where
Advocates of the criminal justice the requirement of applying for principle women prefer that their partners “get help”
approach point to the symbolic power of relief and allowing the woman to apply for rather than be punished. In order to be
the law and argue that arrest, prosecution injunctive relief independently of any other effective, all these approaches should utilize
and conviction, with punishment, is a legal action.7 Another civil remedy which is formal and informal methods of education
process that carries the clear condemnation available in certain states in the USA is an and dissemination of information.
of society for the conduct of the abuser and action in tort claiming damages from the Cooperation at all levels
acknowledges his personal responsibility marital partner.8 Overwhelmingly, governments lack the
for the activity. Research conducted by the Police action necessary expertise to develop and imple-
Minneapolis Police Department has shown In most jurisdictions the power of the ment policy relating to violence against
that 19 per cent of those involved in medi- police to enter private premises is limited. women. Therefore, a more cooperative rela-
ation and 24 per cent of those ordered to In the context of domestic violence this can tionship between governments and civil
leave their matrimonial homes repeated the protect the violent man at the expense of society should be built to combat violence
assault, but only 10 per cent of those who the woman. Some legislations allow the against women.
were arrested indulged in further violence.5 police to enter if requested to do so by a An integrated, multidisciplinary approach
It is, however, critical that those involved person who apparently resides on the with lawyers, psychologists, social workers,
in policy making in this area take into premises or where the officer has reason to doctors and others working together to gain
account the cultural, economic and politi- believe that a person on the premises is a holistic understanding of each particular
cal realities of their countries. Any policy under attack or imminent attack.9 In many case and the needs of the individual is the
which fails to acknowledge the singular cases of domestic violence, immediate best option. Giving attention to the real-life
nature of these crimes and which is unac- release of the offender on bail may be dan- context of the battered woman, her hope-
companied by attempts to provide support gerous for the woman and, certainly, lessness, dependency, restricted options, and
for the victim-survivor and help for the release without prior warning may have her consequent need for empowerment,
abuser is doomed to fail. serious consequences for her. A number of should underpin every approach. The goal is
Legislation Australian jurisdictions attempt to strike a to work with her to develop her capacity to
Legislation with regard to domestic vio- balance between the interests of the decide her own future.
lence is a modern phenomenon. There is an offender and the woman by specifying con- *The Special Rapporteur on Violence Against
increasing belief that special laws should be ditions designed to protect her to be Women was appointed by the United Nations
drafted, having special remedies and proce- attached to the release of the offender.10 Commission on Human Rights in 1994 with a
dures. The first problem that arises with Training and community mandate to: seek and receive information from
regard to legislation is to allow for prosecu- support services governments, organizations and individuals on
tion of men who beat their spouses even if Most police, prosecutors, magistrates, violence against women; recommend measures to
the latter, under pressure, want to withdraw judges and doctors adhere to traditional val- eliminate such violence and remedy its conse-
quences; and carry out field visits.
their claims. In response some countries ues that support the family as an institution
have instructed police and prosecutors to and the dominance of the male party with-
proceed with cases even in situations where in it. It is therefore necessary to train law 1 Committee on the Elimination of Violence
women indicated that they would rather Against Women, Eleventh Session, General
enforcers and medical and legal profession-
Recommendation 19, Official Records of the
not proceed.6 In addition, since the spouse als who come in contact with those experi- General Assembly, Forty-seventh Session,
will be the main witness, some jurisdictions encing violence to understand gender vio- Supplement No. 38 (A/47/38), Ch.1.
have introduced legislation making the lence, to appreciate the trauma of those suf- 2 General Assembly Resolution 48/104 of 20
woman a “compellable witness” except in fering and to take proper evidence for crim- December 1993, Article 4.
certain situations. Other countries, such as inal proceedings. Professionals in law and 3 Veláquez Rodríguez Case (Honduras), 4 Inter.
the United States, are moving towards medicine are often resistant to this type of Am. Ct. HR, Ser. C, No.4, 1988, para 174.
advocacy support. training and to learning from anyone out- 4 Ibid, para 167.
Quasi-criminal remedies are also being 5 Minneapolis Domestic Violence Experiment.
side their speciality. It would therefore be
6 Confronting Violence: A Manual for Common-
utilized by several countries. The most more effective to involve other profession- wealth Action, Women and Development
important of these are the “protection” or als in the training programme. Programme, Human Resource Development
“bound over” orders. These are procedures The nature of the crime of domestic vio- Group, Commonwealth Secretariat, London,
by which a person can complain to a magis- lence requires the intervention of the com- June 1992.
Innocenti Digest 6 – Domestic Violence

trate or a justice that violence has taken munity to assist and support victim-sur- 7 Australia, Family Law Act, 1975, Sections 114,
place and the violent party is then “bound vivors. Community workers should be 70 C’ Hong Kong, Domestic Violence Order,
over” to keep the peace or be of good behav- trained to give them information on the law 1986; Matrimonial Causes Act, 1989, section 10.
iour. The standard of proof is lower than 8 “Developments in the law- Legal responses to
and law enforcement, available financial and
domestic violence”,106 Harvard Law Review,
with strictly criminal proceedings and this other support offered by the State, the pro- 1993, p.1531.
may provide some women with appropriate cedures for obtaining such assistance, etc. 9 Justices Act, 1959 (Tas) section 106F; Crimes
relief, with a court order obtainable on the Community workers can also play an impor- Act 1900 (NSW), section 349A.
balance of probabilities. Breach of the order tant role in identifying violence, raising 10 Bail Act 1978 (NSW) section 37; Bail Act 1980
is a criminal offence and the police may awareness about such issues and directing (Qld); Bail Act 1985 (SA) section 11. 11
Main issues

Witnessing and experiencing violence as be more likely to accept violence as the be violent, those who have witnessed vio-
a child can also result in internalizing vio- norm in a marriage than those who come lence in childhood are more likely to
lence as a form of conflict resolution. Girls from non-violent homes. While many chil- become adults who engage in violent behav-
who witness their mother being abused may dren from violent homes do not grow up to iour both inside and outside the home.

Violence in the Home Undermines Child Survival


A study in León, Nicaragua reports that children of women who were physically and sexually abused by their partners were six times
more likely than other children to die before the age of five.40 Similarly, children of beaten women were more likely than other children to
be malnourished and to have had a recent episode of diarrhoea, and less likely to have received oral rehydration therapy or be
immunized (see Figure 1). The study was carefully controlled to exclude other possible factors affecting infant and child survival.
A study in the Indian states of Tamil Nadu and Uttar Pradesh also found that women who had been beaten were significantly more
likely than non-abused women to have had a pregnancy loss from abortion, miscarriage, or stillbirth, or to have lost an infant. The study
controlled for other influences on infant Figure 1 - Domestic Violence and Child Health, Nicaragua
mortality such as mother's education, age, and 80
parity.41 In rural Karnataka, India, a study found
that children of mothers who were beaten 70
received less food than other children did,
suggesting that these women could not 60
bargain with their husbands on their children's
behalf.42 50
While the exact manner in which violence
against women affects child survival is not 40 Mother experiencing
violence
known, one possible explanation is that
Mother not
children of mothers who are abused are more 30 experiencing violence
likely to be born underweight, and thus carry a
higher risk factor of dying in infancy or 20
childhood. Another explanation is that women
in abusive relationships suffer from lower self- 10
All differences significant
esteem, weaker bargaining position, less access at the level of p<.05;
0 Source: Rosales Ortiz 1999;
to food and resources, and are therefore less Infant mortality Under-5 Diarrhoea Malnutrition % children cited in Heise (1999). 44

able to care for their children. 43


mortality immunized


CALCULATING THE SOCIO-ECONOMIC COSTS OF VIOLENCE
Calculating the costs of violence is a strate- costs for domestic violence and rape social violence into four categories using
gic intervention to make policy-makers accounted for nearly one in five disability- the following framework (see Table 5)51:
more aware about the importance and adjusted life years* lost to women age 15 (i) Direct costs take into account expen-
effectiveness of prevention. Studies carried to 44.48 The health costs of domestic vio- ditures on psychological counselling and
out in Canada, the United States, lence and rape are the same in industrial- medical treatment (emergency room care,
Switzerland, the United Kingdom, and ized and developing countries, but hospitalizations, care in clinics and doc-
Australia calculate costs using different because the overall burden of disease is tors’ offices, treatment for sexually trans-
parameters.45 The Canadian study, which much higher in developing countries, a mitted diseases); police services including
estimated the costs of violence against smaller percentage is attributed to gender- time spent on arrests and responding to
women in the larger context of violence based victimization. In developing coun- calls; costs imposed on the criminal justice
both within and outside the home, con- tries, depending on the region, estimates system (prison and detention, prosecution
cluded that the state spends over CDN$1 range from 5 to 16 per cent of healthy and court cases); housing and shelters for
billion annually on services, including years lost to women of reproductive age women and their children; and social ser-
police, criminal justice system, counselling, as a result of domestic violence. 49 vices (prevention and advocacy pro-
and training.46 For the United States, The Inter-American Development Bank grammes, job training, and training for
according to one study, cost estimates (IDB) has recently carried out studies in six police, doctors, the judiciary and the
range between US$5 and US$10 billion countries in Latin America – Brazil, media).
Innocenti Digest 6 – Domestic Violence

annually.47 These studies, it should be noted, Colombia, El Salvador, Mexico, Peru and (ii) Non-monetary costs that do not draw
refer only to direct service-related costs and Venezuela – taking a more holistic look at upon medical services, but in themselves
do not address the human costs of violence. the socio-economic cost of domestic vio- take a heavy toll on the victim-survivors
In 1993, the World Bank estimated lence.50 For analytical purposes, the IDB by way of increased morbidity and mor-
that in industrialized countries health has divided the costs of domestic and tality through homicide and suicide,

*The Bank estimates count every year lost due to premature death as one disability-adjusted life year (DALY), and every year spent sick or incapacitated as a fraction of a
12 DALY, with the value depending on the severity of disability.
Main issues

increased dependence on drugs and alco- who are not victims of severe abuse.54 studies need to be carried out in both
hol and other depressive disorders. These (iv) Social multiplier effects include the developing and industrialized countries to
are the intangible costs that are compara- inter-generational impact of violence on estimate the costs of domestic violence in
ble, according to World Bank estimates, to children, erosion of social capital, reduced order to advocate for national policies to
other risk factors and diseases such as quality of life and reduced participation in eradicate this largely preventable crime.
HIV/AIDS, tuberculosis, cancer, cardiovas- democratic processes. These effects are dif- A major knowledge gap also exists on
cular disease, and sepsis during childbirth. ficult to measure quantitatively, but their the cost-effectiveness of interventions for
(iii) Economic multiplier effects include, impact is substantial in terms of a country’s domestic violence.55 This is an important
for example, decreased female labour par- social and economic development. area of research that would provide guid-
ticipation and reduced productivity at It is clear that all sectors of society are ance on effective, workable and replicable
work, and lower earnings. In the United deeply affected by, and bear the conse- programmes, and thereby help channel
States, it has been reported that 30 per quences of, violence against women. More resources and energy in the right direction.
cent of abused women lost their jobs as a
direct result of the abuse.52 A study in
Santiago, Chile estimates that women Table 5 - The Socio-Economic Costs of Violence: a Typology
who do not suffer physical violence earn Direct costs: value of goods ● Medical
an average of US$385 per month while and services used in treating ● Police
women who face severe physical violence or preventing violence ● Criminal justice system

at home earn only US$150 – in other ● Housing


● Social services
words, less than half the earnings of other
women.53 The study also focuses on the Non-monetary costs: ● Increased morbidity
macro-economic impact as a result of loss pain and suffering ● Increased mortality via homicide and suicide
● Abuse of alcohol and drugs
of women’s earnings.
● Depressive disorders
Another effect under this category is
the potential impact of domestic violence Economic multiplier effects: ● Decreased labour market participation
macro-economic, labour ● Reduced productivity on the job
on the future capacity of children to obtain market, inter-generational ● Lower earnings
adequate employment. Apart from the loss productivity impacts ● Increased absenteeism
of human capital, there are direct costs on ● Intergenerational productivity impacts via grade

the school system as children from violent repetition and lower education attainment of children
● Decreased investment and saving
homes may perform badly and have to
● Capital flight
repeat grades. According to an IDB study
in Nicaragua, 63 per cent of children from Social multiplier effects: ● Intergenerational transmission of violence
families in which women are subjected to impact on interpersonal ● Reduced quality of life
relations and quality of life ● Erosion of social capital
domestic violence repeat a grade at school, ● Reduced participation in democratic process
and on average drop out at age 9, com-
(Source: Buvinic et al, 1999)
pared with age 12 for children of women


STRATEGIES AND INTERVENTIONS:
AN INTEGRATED APPROACH
Domestic violence is a complex problem framework. A multi-layered strategy that ● Within the local community, partner-
and there is no one strategy that will addresses the structural causes of violence ships have to be developed with
work in all situations. To begin with, vio- against women while providing immedi- traditional elders, religious leaders,
lence may take place within very differ- ate services to victim-survivors ensures community-based groups, neighbour-
ent societal contexts, and the degree to sustainability and is the only strategy that hood associations, men’s groups (e.g.,
which it is sanctioned by a community has the potential to eliminate this scourge. village farmers’ associations), local
Innocenti Digest 6 – Domestic Violence

will naturally influence the kind of strat- When planning strategies and inter- councils and village level bodies.
egy needed. ventions, there are a variety of stakehold- ● Within civil society, the range of

Considering the interconnections ers that should be borne in mind. partners include professional groups,
between the factors responsible for Partnerships with these stakeholders can women’s and men’s groups, NGOs, the
domestic violence – gender dynamics of operate on several levels at once. private sector, the media, academia, and
power, culture and economics – strategies ● At the level of the family, the trade unions.
and interventions should be designed stakeholders include women, men, ● At the state level, strategies must be

within a comprehensive and integrated adolescents and children. designed in partnership with the criminal 13
Main issues

justice system (the police, judiciary and working with other men to review male
lawyers); the health care system; The family behaviour and to develop new models of
parliament and provincial legislative WOMEN Because their life and dignity are masculinity (see section on civil society).
bodies; and the education sector. at stake, women have emerged as the most There are examples of male leadership on
● At the international level, the significant agents of change in the strug- gender violence in most parts of the world
stakeholders include international gle against gender-based violence. While and the involvement of men is critical in
organizations (such as the United women’s organizations have played a crit- changing behaviour.
Nations agencies, the World Bank, and ical role (see section on civil society), the Men should receive one consistent
the regional development banks). collective strength and courage of indi- message from all sectors and levels of
Domestic violence is a health, legal, vidual women has been notable in fight- society – that those who perpetrate vio-
economic, educational, developmental ing many forms of violence. Poor and lence will be held accountable. The crim-
and human rights problem. Strategies often illiterate, these women have man- inal justice system must act to reinforce
should be designed to operate across a aged to mobilize hundreds of other this message by taking action against per-
broad range of areas depending upon the women, raised resources, designed strate- petrators, as well as providing rehabilita-
context in which they are delivered. Key gies and forced policy-makers to revise tion options for those who offend.
areas for intervention include: laws and policies. A systematic effort has Services need to be developed that pro-
● advocacy and awareness raising to be made to listen to the voices of grass- vide the possibility to change violent
● education for building a culture of non- roots women and survivors of domestic behaviour. These services, offered at the
violence violence, and to incorporate solutions local level, also need to address associated
● training they have to offer. Their perspectives will issues of drug and alcohol problems.
● resource development provide valuable lessons in making pro- Men need to challenge other men to
● direct service provision to victim- grammes and services effective and target- stop abusing women, and to change the
survivors and perpetrators ed to their needs. norms that encourage this violence. This
● networking and community mobilization Women need to be empowered requires support for men to act as healthy
● direct intervention to help victim- through education, employment opportu- role models to younger men, and the rais-
survivors rebuild their lives nities, legal literacy, and right to inheri- ing of boys in a non-violent climate to
● legal reform tance. Human rights education and infor- respect women.
● monitoring interventions and measures mation regarding domestic violence ADOLESCENT GIRLS AND BOYS Ado-
● data collection and analysis should be provided to them because this is lescent girls need all the protection and
● early identification of ‘at risk’ families, a matter of their absolute rights. support that should be available to adult
communities, groups, and individuals. Integrated supportive services, legal inter- women. They need clear messages about
These areas are not mutually exclusive; vention and redress should be made avail- their rights from society and the educa-
interventions may touch upon several able in situations of domestic violence. tional system. Educational programmes
areas at once. Assistance to help women rebuild and that equip girls with self-esteem and
Above all, five underlying principles recover their lives after violence should be negotiation skills, and enhance participa-
should guide all strategies and interven- part of the intervention strategy, includ- tion of girls in leadership roles should
tions attempting to address domestic vio- ing counselling, relocation, credit sup- become part of the school curriculum.
lence: port, and employment. Adolescent boys need positive role
● prevention Consistent support for women must be models and clear messages from the men
● protection provided by all relevant sectors – the in their families and society in general that
● early intervention criminal justice system, health, welfare, violence against women is not acceptable
● rebuilding the lives of victim-survivors and the private sector. Support must also and that they will be held accountable.
● accountability be available to women via informal net- Like adult men, adolescent boys need
This section of the Digest attempts to works such as family, friends, neighbours, access to services to help them deal with
formulate a framework for coordinated and local community groups. any violent behaviour they may have.
action at the policy and programme level. Community groups and government Support services need to address asso-
An effective strategy is one that is institutions should be trained to identify ciated behaviour patterns such as drug
designed to be culture- and region-specif- women, men, adolescent boys and girls, and alcohol problems, or the risky sexual
ic, providing victim-survivors easy access and children at risk of domestic violence, behaviour in which adolescent girls and
to wide-ranging services, and involving and to refer them to confidential and boys may indulge as a result of being vic-
Innocenti Digest 6 – Domestic Violence

the community and individual stakehold- accessible services. Where such services timized themselves.
ers in the design of interventions. By are not available, communities must be CHILDREN need to be identified as vic-
focusing on the stakeholders and by high- helped to establish local culturally appro- tims of domestic violence, and their safe-
lighting responsibilities of the family, the priate mechanisms to support women. ty has to be ensured. This requires ensur-
local community, the civil society, the MEN There are a growing number of ing the safety of their mothers and making
state, and international organizations, this male professionals designing and facilitat- childcare facilities available to women in
framework points to relevant areas of ing training events on gender inequality, shelters. Appropriate programmes should
14 action. including the issue of violence. Some are be developed by the community and the
Main issues

state to assist children to recover from the


violence and abuse they have suffered Children’s Views on Domestic Violence
and/or witnessed. A recent study by four universities in the United Kingdom examined how children and
young people perceive domestic violence, and how those who have lived with such
violence cope with it and make sense of their experiences. The research, which covered
Local community 1,395 children aged 8-16, found that:
● The vast majority of children at secondary school, and just over half at primary age, want
In traditional societies, families have to learn more about domestic violence – what it is and how to stop it – as well as to
relied upon community-based support understand why it happens.
● Children who live with domestic violence cope in a variety of ways, ranging from
mechanisms to resolve issues of conflict.
keeping themselves safe and trying to protect their mothers and siblings, to getting help
The local community therefore needs to and intervening directly, by calling the police, for example.
be mobilized to oppose domestic violence ● Most children who had lived with domestic violence said that professionals, with the
in its midst. Actions taken by local people exception of refuge workers, either ignored or disbelieved them. Children want to be
may include greater surveillance of listened to, to be taken seriously and to be involved in decisions about their lives. They
want support, understanding and reassurance, to be in safety with their mothers and
domestic violence situations, offering sup- have their own belongings, and even their pets, around them.
port for victim-survivors, and challenging This is a rare example of research focusing on the views of children and young
men to stop the violence. people, and found that children were not silent or passive victims of violence. Children
Complacency needs to be replaced of all ages were quite active in their responses to, and methods of coping with, violence,
with active intervention and education. sometimes with understanding and initiative well beyond their age.
The study concluded that the perspectives and understanding of children and young
Community information and education people should inform the development of appropriate policy and practice in health,
programmes regarding the nature and welfare, education and the criminal justice system as well as in specialist services for
unacceptability of domestic violence women and children. Children’s tenacity and resilience are key resources with which
should be developed. Such programmes agencies can work.56
should address cultural forms of behaviour
that uphold male aggression, beating, Community elders and religious leaders a culture of non-violence, in setting up
punishment and abuse of women as have the responsibility to demonstrate sanctions, negotiating appropriate local
acceptable. Traditional cultural practices, leadership in this area. For example, reli- cultural responses to preventing violence,
such as FGM, that violate women’s gious leaders should be encouraged to re- and monitoring respect for, and implemen-
integrity need to be re-examined and examine doctrines and cultural practices tation of, the sanctions that are in place.
challenged. Culture is not static, and that lead to the subordination of women Creating awareness about the impact
newer forms of cultural norms need to be and violation of their rights. Local council of domestic violence on communities
developed that respect women and pro- bodies (e.g., the ‘panchayat’ system in conveys the importance of preventing
mote their dignity and safety. India) should play a strong role in creating such violence against women and chil-
dren. Developing integrated responses to
Female Genital Mutilation domestic violence through involvement
of local community groups, community
As a “traditional practice prejudicial to the health of children”, governments now have
to take measures to abolish FGM in accordance with their obligations under the health workers and women serves to cre-
Convention on the Rights of the Child (Article 24.3). ate sustainability and accountability,
While legislation to address FGM is important, cooperation at the community level is which in itself is a significant step.
essential to the process of FGM eradication. The most successful campaigns of recent However, since adapting to change is dif-
years have had their roots very firmly in the villages and communities where FGM is
ficult, protection should be provided to
traditionally practised.
One of the most striking examples of change has taken place in Senegal, where the activists, human rights advocates and
movement to end FGM began with the women of one village – Malicounda Bambara. community workers. Ultimately, human
As a result of their courage, 148 communities have now publicly renounced the and financial resources are key to any pro-
practice and national legislation is in place banning FGM. gramme development and delivery.
In 1995, the women of Malicounda discussed the previously hidden subject of FGM
during debates on human rights and public health issues organized by the NGO Tostan
(Breakthrough). Once the discussion began there was no stopping it, with friends,
husbands, village leaders, the local midwife and the “cutters”, drawn into the debate Civil society
and the entire village acknowledging, for the first time, the scale of the problem. WOMEN’S ORGANIZATIONS For nearly a
Religious leaders also played an active and crucial role. By mid-1997, the practice had
been abolished in Malicounda and former cutters were being given encouragement and
quarter of a century, women’s organiza-
support to find alternative sources of income. tions have provided leadership in boost-
Innocenti Digest 6 – Domestic Violence

Spurred on by this success, the women spread the word to other villages, with ing the visibility of violence against
continued support from Tostan, UNICEF and the Government. These efforts women; giving victim-survivors a voice
culminated in the Diabougou Declaration of February 1998, when the representatives through tribunals and personal testi-
of 13 communities publicly and formally renounced FGM. And in April 2000, the
women, men and children of 26 islands in the Sine-Saloum river gathered on the monies; providing innovative forms of
island of Niodior to celebrate the end of FGM. The traditional cutters from the islands support to victims of violence; and forcing
wrapped their mystical cutting knives in cloth to hide them from the public eye. Then, governments and the international com-
in formal procession, they put the knives into a traditional straw basket, symbolizing munity to recognize their own failure to
the end of FGM.57 protect women. From local, collective 15
Main issues

action, women have transformed their


struggle against violence into a global Rethinking Male Roles
campaign. Many men are re-evaluating their own role in the family and in society. Some are asking
Women’s advocacy has prompted the themselves why some men are violent, and how can they be helped to end their violent
behaviour. UNICEF has launched initiatives to work with men on improving knowledge
formal sectors (legal and judicial system, about the male role in the family.58 And men's groups in many countries are taking the
criminal justice system, and the health lead to examine cultural and social assumptions on masculinity, and develop strategies to
sector) to begin to respond to the needs help men curb violent behaviour.
of women who suffer violence. Women In 1993 in Mexico, for example, the Collective of Men for Egalitarian Relationships
have pushed for policy change and insti- (CORIAC) was set up by a group of men to give aggressive men the space for self-
examination and re-education. Participants are helped to understand their violence, take
tutional mechanisms to be set up – be it responsibility for their actions, and express their emotions in non-violent ways.
legal reform, training of police, or provid- The White Ribbon Campaign (WRC) in Canada is an organization of men working to
ing shelter to women and their children. end men's violence against women. WRC has developed education and action kits that
In attempting to address the structural have been distributed to schools, universities, corporations, and labour unions. Their
work has expanded to other countries, including countries in Europe.
causes of such violence, women’s organi-
In Australia, a variety of initiatives are helping men to stop their violence, including:
zations have sought to empower women media campaigns speaking to men about the need to take responsibility; a men’s hot
through human rights education, credit line with male volunteers who are trained and supervised to help men and refer them to
programmes, and linking women to larger services available; and programmes that assist men to overcome violent and abusive
networks. It is crucial that women’s advo- behaviour.
cates continue to lead the process, partic-
ularly in playing a monitoring and and education and awareness pro- towards women among their members
accountability role, and that governments grammes. Their capacity to continue to and encouraging members to seek appro-
increase partnerships with them. deliver a range of services should be priate support and assistance.
MEN’S ORGANIZATIONS can also pro- strengthened, particularly in collabora- THE MEDIA plays a pivotal role in both
vide leadership in the local community to tion with state agencies. influencing and changing social norms and
oppose violence against women, working NGOs have a fundamental role to play behaviour. Repeated exposure to violence
in collaboration with women’s organiza- in bringing pressure on governments to in the media has been associated with
tions that have expertise in this area. ratify, or withdraw their reservations to, increased incidence of aggression, espe-
Service organizations can use their the international human rights instru- cially in children. In the area of domestic
resources and networks, and men’s nation- ments such as the UDHR, CEDAW and violence, media campaigns can help to
al and local sporting organizations have a the CRC. NGOs have played a critical reverse social attitudes that tolerate vio-
particular place in raising men’s awareness role in monitoring implementation of lence against women by questioning pat-
of this issue. non-treaty instruments such as the UN terns of violent behaviour accepted by
PROFESSIONAL ASSOCIATIONS for doc- Declaration on the Elimination of families and societies.59 Collaboration with
tors, lawyers, psychologists, nurses, social Violence against Women, the Vienna the media needs to focus on creating new
workers, welfare workers and other pro- Declaration and Programme of Action, messages and new responses to reduce
fessionals are key players in opposing vio- and the Beijing Declaration and Platform domestic violence. Hence a conscious
lence against women. Their members may for Action. NGO leadership has to con- effort to make media professionals aware of
come into contact with situations of tinue in its role of lobbying and advocat- the issues, can play an important role in
domestic violence on a regular basis, but ing for legislation that protects the rights addressing violence against women.
may not recognize the signs because of of women, girls and children. Alternative media channels such as the-
their own biases, background or lack of THE PRIVATE SECTOR has a vested inter- atre groups, puppeteers, community radio
training. It is critical that such organiza- est in addressing this problem since the stations, musicians and performers of all
tions build domestic violence and human costs of domestic violence to society, and sorts have a role to play in raising public
rights curricula into their professional industry in particular, are phenomenal in awareness of the issue, and creating role
training, and that professionals in the field terms of low productivity, absenteeism, and models for men and young people in the
receive regular training on these areas. staff turnover. The private sector would community.
Such associations need to develop proto- benefit by identifying and supporting staff RELIGIOUS LEADERS AND SCHOLARS
cols for identifying and referring cases of suffering from, or perpetrating, domestic need to re-examine interpretations of reli-
domestic violence to appropriate bodies, violence. It should build gender and domes- gious texts and doctrines from the per-
and screening measures for detection and tic violence awareness into corporate train- spective of promoting equality and digni-
Innocenti Digest 6 – Domestic Violence

early intervention. These protocols must ing, and develop organizational cultures free ty for women. Many men who abuse
be developed in collaboration with of abuse, including sexual harassment, in the women justify such behaviour on a reli-
experts in the domestic violence field. workplace. The private sector should also gious basis, and many cultural practices
NON-GOVERNMENTAL ORGANIZATIONS be encouraged to finance preventive and that abuse and violate women are justified
(NGOs), like women’s organizations, support services in the local community. in the name of religion. Religious leaders
have worked in partnership with govern- TRADE UNIONS must support these at all levels have a responsibility to ensure
ment agencies and international organiza- actions by the private sector, using their that religious interpretations are not used
16 tions to provide a diversity of services, resources to promote non-violence to oppress women.
Main issues

ACADEMIA AND RESEARCH ORGANIZA-


TIONS should address the chronic lack of Women’s Police Stations
statistics on domestic violence that acts as Special women's police stations, staffed with multi-disciplinary female teams equipped to
a barrier to policy change on this issue. respond to the different needs of victim-survivors, have been set up in several countries as
an attempt to make police stations more accessible to women. The first such station was
The lack of adequate data and documen-
established in Sao Paulo, Brazil in 1985 in response to women's complaints that they
tation about violence against women, and could not report violations in regular police stations because they were treated with
domestic violence in particular, reinforces disrespect and disbelief. Brazil's success encouraged Argentina, Colombia, Costa Rica,
governments’ silence. In the absence of Peru, Uruguay and Venezuela to set up their own specialized units.
concrete data, governments have been Malaysia, Spain, Pakistan, and India, too, have introduced their own versions. In
India, each station has female civilian workers attached, who provide advice and
able to deny the fact of, and their respon-
support, referring women to support networks and suggesting other options. Because
sibility to address, such violence.60 these stations are designed to provide comprehensive support to women, including
In the area of research, there are sever- social, legal, psychological, housing, health, and day-care services, they respond to the
al priorities. Reliable data on the magni- many levels of support that a victim of domestic violence needs.
tude, consequences, and the economic However, a recent study in India points to several problems with these stations, the
most notable being that women are discouraged from registering complaints at other
and health costs of gender-based violence police stations. As a result, victim-survivors have to travel great distances to register their
will help to place the issue on the policy- complaints at the special women's police stations, and are no longer assured of
makers’ radar screen. Researchers need to protection from the regular police stations in their neighbourhood.61
identify best practices in prevention and
treatment, and evaluate them for effec- The criminal justice system mutilation, crimes committed in the name
tiveness and replicability. LEGAL REFORM It is the responsibility of of honour, and discrimination based on
Greater collaboration is required governments who have ratified interna- son preference. Once such legislation is
between research and academic institutes, tional conventions and human rights passed, implementation and enforcement
women’s organizations, NGOs, and ser- instruments to harmonize their national become a priority. Enforcement requires
vice providers when conducting qualita- laws in line with these instruments. One the cooperation and sensitization of the
tive research to deepen understanding of step towards upholding the right of police and the judicial system.
the causes of domestic violence, and its women to equal protection under the law THE POLICE are particularly well-posi-
physical and psychological impact on is to enact domestic violence legislation tioned to provide assistance to victim-sur-
women. Such research needs to be fed that specifically prohibits violence against vivors, but very often their own prejudices,
back to the community so that it can lead women. Under this legislation, a woman lack of training, and reluctance to inter-
to awareness and transformation. should have protection from threats and vene hinder them from dealing with
acts of violence, safety and security for domestic violence. Training and sensitiza-
herself, her dependents and property, and tion of police at all levels must be institut-
The state machinery assistance in continuing her life without ed, and guidelines must be developed to
Violence against women cuts across all further disruption. monitor police response. Police must be
government sectors, with implications for In conformity with their obligation held accountable for their own behaviour
all programming. It demands new levels of under the Convention on the Rights of towards victim-survivors in order to pre-
coordination and integration between a the Child (Article 24.3), governments vent secondary victimization of women at
variety of government sectors including should also denounce and reform all laws, their hands.
the criminal justice system, health, educa- practices and policies that allow harmful THE JUDICIARY can strongly reinforce
tion, and employment. cultural practices such as female genital the message that violence is a serious
criminal matter for which the abuser will
Legislation on Domestic Violence be held accountable. The judge sets the
tone in the courtroom and makes the most
In the 1990s, several factors contributed to significant changes in domestic violence
legislation in many countries. Women’s successful campaigning raised the profile of the
critical decisions affecting the lives of the
issue of violence against women; and several United Nations conferences (Vienna, 1993; victim, perpetrator, and children, and
Cairo, 1994; and Beijing, 1995) recognized women’s rights as an inalienable part of must therefore be sensitive to the dynam-
universal human rights. As a result of the new awareness generated, laws on domestic ics of domestic violence in order to pass
violence were adopted in many countries. equitable verdicts. Sensitization of the
To date, around 44 countries have adopted specific legislation on domestic violence, of judiciary to gender issues is, therefore,
which 13 are in Latin America: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, El
Salvador, Mexico, Nicaragua, Peru, Puerto Rico, Uruguay and Venezuela. The signing of the critical and law schools should include
Innocenti Digest 6 – Domestic Violence

Inter-American Convention on the Prevention, Punishment and Eradication of Violence relevant courses in their programmes.
Against Women in 1994 provided the momentum to enact such legislation. PROTECTIVE MEASURES The protec-
The South African Domestic Violence Act of 1998 contains a particularly innovative tion and safety of victim-survivors should
feature – granting of a temporary Protection Order in cases where the court is satisfied be the prime focus of legal systems. It is
that the actions of the aggressor pose 'imminent harm' to the complainant. This ruling
allows protection of the health, safety, and well-being of the applicant, and includes
important that protective measures are
provision for the aggressor to be evicted from the matrimonial home while continuing to provided so that victim-survivors are not
provide monetary relief to the applicant. left without adequate protection, and are
not re-victimized. In industrialized coun- 17
Main issues

health care providers is necessary to guide


Training the Judiciary to be Gender-Sensitive them on the early screening and identifica-
Training of the judiciary – from Supreme Court justices to public defenders and tion of women who are suffering domestic
prosecutors to social workers and support personnel – has been successfully carried out violence. Such training, as far as possible,
in Costa Rica, India, and the USA. In Costa Rica, the training has been part of the action
taken by the government to deal with domestic violence, while in India and the USA
should be integrated into existing training
efforts have been led largely by non-governmental organizations. programmes rather than be created as sepa-
These training workshops have focused on the dynamics of domestic violence and rate programmes. WHO has identified the
specific types of abuse; gender and power relationships; analysis of relevant laws; legal following issues that need to be addressed in
procedures and legal services available to victims of domestic abuse; and strategies for sensitizing health care providers:
helping both victims and their abusers. In examining these programmes, it is clear that
● their possible negative feelings,
participation at all levels, including the highest officials within the judiciary is necessary if
laws and actions dealing with domestic violence are to be promoted, implemented, and including inadequacy, powerlessness
monitored. and isolation, particularly in areas with
few referral services;
tries, women’s shelters have provided sup- women. It is clear that when victim-sur- ● some cultural beliefs, including the idea

port to victims of domestic violence since vivors have the opportunity to interact that domestic violence is a private matter;
the 1970s, usually providing a 24-hour with other women experiencing the same ● possible misconceptions about victim-

hotline, support groups for the victims, problems, they are able to escape their survivors, including the belief that
basic child-care, and social and legal ser- isolation, shame and fear, and are able to women provoke violence.62
vices. Similar centres have been created in rebuild their lives at a faster pace. Training should be supplemented with
many developing countries since the early Telephone hotlines, usually set up by protocols to guide health care providers
1980s, mostly run by NGOs. Given that NGOs, have also expanded in many to implement standards. Protocols should
shelters are expensive, NGOs in develop- countries of Latin America (Argentina, include procedures for documentation for
ing countries are hard-pressed to provide Chile, El Salvador, Uruguay) and in South legal, medical and statistical purposes;
shelter for victims, and focus instead on Asia. However, given the scarcity of tele- legal, ethical and privacy issues; and up-
providing legal advice and psychological phones in most rural areas, such hotlines to-date information on local referral ser-
and social support. can only reach the urban population. vices. Protocols need to be culture-specif-
This is an area where support from It is critical that every woman who has ic with special attention paid to respect-
municipal and provincial governments is been abused or who is at risk has immedi- ing the rights of women.63
needed to provide viable, short-term and ate and ongoing access to support services Education
long-term shelters, referral services to that provide non-judgemental and non- Curricula that teach non-violence, con-
other sectors (health, justice, police) and directive service. At all times, the woman flict resolution, human rights and gender
assistance in related needs such as hous- must be helped to be an active agent in issues should be included in elementary
ing, employment, and child care. her interaction with the civil and criminal and secondary schools, universities, profes-
Increasingly, governments are creating justice systems so that she can examine sional colleges, and other training settings.
such support services in partnership with options available to her and make choices Violence against women can be prevented
NGOs as part of an integrated response to about her safety. and eliminated only when the underlying
domestic violence. The health care system causes of violence are addressed and cul-
In Namibia, for example, women and The health care system is well-placed to tural norms and attitudes are challenged.
child protection units have been estab- identify women who have been abused Curriculum reform that works towards
lished in partnership with the Namibian and refer them to other services, as the eliminating the gender stereotyping in
police, ministries of health and social ser- vast majority of women visit a health facil- schools (teaching about women’s contribu-
vices, and NGOs. The role of social work- ity at some point in their lives – during tions in history class, eliminating sex-
ers stationed at the units is to ensure the pregnancy, for example, or to get treat- stereotypes in textbooks, promoting girls’
protection and safety of the abused women ment for themselves or their children. The participation in sports) are important steps
and children during and after the crisis; and reality, however, is that far from playing a in achieving gender equality.
assist in preparation of court reports, proactive role, the health care system has A more fundamental problem – that of
appearance in court, and medical examina- usually been unresponsive to women suf- girls’ enrolment in schools – has to be
tions needed for evidentiary purposes. fering from domestic abuse. Training for addressed by governments alongside cur-
Helping women rebuild their lives and
self-esteem has been a particular focus of Women's Access to Health Services
Innocenti Digest 6 – Domestic Violence

NGO efforts. Many adopt an empower- Lack of access to health services is a critical constraint to medical examination for women
ment approach for women through educa- experiencing domestic violence. In Pakistan, for example, the two major cities of Karachi
tion, legal literacy, and economic self- and Lahore have only one medico-legal centre where examinations for evidence of sexual
reliance programmes within shelter assault are carried out. The complex logistics of city travel, among other constraints, make
it hard for women to access these services. In Moscow, there is only one centre that
homes to help women take charge of their
opens from 9 am to 2 pm, limiting women's access. Elsewhere, rural victims of violence
own lives and personal security. Such pro- may have to travel for days to reach a centre. Moreover, in many countries abused and
grammes also provide counselling and a violated women are uncomfortable with male doctors. These are generally the same
18 connection to existing networks of countries with extreme shortages of female doctors.
Main issues

riculum reform. In South Asia, the Middle


East and Africa, for example, girls’ enrol- Availability of Guns: a Growing Concern
ment in primary schools is well below that One of the major risks linked to social and domestic violence is the availability of
of boys, a phenomenon that perpetuates weapons. With the increase of civil conflicts after the end of the Cold War, and the easy
availability of drug money in many countries, small arms have become more accessible.
female subordination. The role of firearms in domestic violence can be illustrated by data from the USA, where
a woman is 2.5 times more likely to be shot by her male intimate partner than she is to
be killed in any other way by a stranger. 64
International organizations Firearms can also be used for other purposes – to coerce a woman into sex, for
example, and intimidate and control her.
International organizations such as the Efforts to market firearms specifically to women have met with little success in the
United Nations, its bodies and specialized USA 65 and most US residents have favoured stricter controls on guns for decades.66
agencies, the World Bank, and the Inter- Several recent firearm-related incidents have provided the impetus for broad-based
American Development Bank have placed social action. An estimated 750,000 protestors, most of them women, participated in
the issue of violence against women on the Million Mom March in Washington DC on 11 May, 2000. Simultaneous marches
also took place elsewhere in the USA on this date, which is traditionally celebrated as
their agendas. Their programmes articulate Mother’s Day, in a public call for greater controls on guns.
the links between human rights, health, and
women’s participation in political and eco- adoption of Law 1674 against Family or communities to support programmes to
nomic arenas within the larger context of Domestic Violence (1995); work with eliminate FGM.
violence against women as a development the National Jordanian Television to ● WHO is coordinating a multi-country

issue. These organizations can play a criti- develop TV spots on violence against study on women’s health and domestic
cal role by using their expertise and credi- women; and support for the development violence, which aims to develop
bility to garner support for eliminating vio- of an active movement against gender- methodologies to measure violence
lence against women. By advocating with based violence in Afghanistan and other against women and its health
national governments, and by supporting countries in South Asia.67 consequences cross-culturally in six
programmes run by both government and ● The United Nations regional campaigns, countries.69
non-governmental organizations, these coordinated by UNIFEM, to eliminate ● The Pan American Health Organization

organizations are already working at many violence against women have spurred (PAHO) and the Inter-American
levels to prevent and reduce domestic vio- new partnerships between a number of Development Bank (IDB) are
lence in different regions of the world. UN agencies (including UNICEF), collaborating to pilot a coordinated,
The following examples outline some governments, national and regional multi-sectoral response to violence
initiatives led by these inter-governmental NGOs, and community-based groups against women in Latin America.70
organizations. and media organizations since 1998.68 ● The Trust Fund in Support of Actions to

● UNICEF works with different partners to ● UNFPA supports research on the Eliminate Violence against Women,
address domestic violence in many prevalence of domestic violence and has established at UNIFEM in 1996 by a UN
countries. Examples include: facilitating helped to create women’s health centres General Assembly resolution, has
creation of Bolivia’s National Plan for the in areas where such violence is common. supported innovative projects around
Prevention of and Eradication of It also works in partnership with the world that address all forms of
Violence Against Women (1994) and the governments, NGOs and local gender-based violence.71
Innocenti Digest 6 – Domestic Violence

19
Links

T
his section contains information Activities United Nations Division for the
about some of the major inter- UNIFEM has made women’s human Advancement of Women (DAW)
governmental organizations, and rights the centrepiece of its 2 UN Plaza, DC2-12th Floor
international and regional NGOs empowerment approach to New York
working on issues related to domestic programming. It is coordinating NY 10017
violence. It is not meant to be a regional campaigns to eliminate USA
comprehensive listing, nor does it violence against women, aiming to Fax: +1 212 963 3463
prioritize or rank the organizations highlight the problem. Nine UN E-mail: daw@un.org
listed. These contacts should serve as agencies, several national and
links to other types of organizations, regional NGOs, and 22 governments Activities
particularly national and local NGOs, in Africa, Asia and Latin America DAW conducts research, develops
professional and community organiza- are partners in this effort. Since 1996, policy options and provides gender
tions, academic and other institutes UNIFEM has managed the Trust policy advisory services, including
and government bodies, whose work is Fund in Support of Actions to needs assessment, diagnostic studies
relevant either to the issue of domestic Eliminate Violence against Women, and evaluations and support for
violence or to the empowerment of established by the United Nations capacity-building to enhance the
women and girls through education, General Assembly, providing funds participation of women in developing
employment or training. Website for innovative projects on this issue. countries. The Division also publishes
information is listed and is as current research and data on women and
UNIFEM facilitates an internet
as possible. Such information is, of gender issues and works closely with
working group on violence against
course, subject to change. intergovernmental and non-
women (http://www.unifem.undp.org/
governmental organizations. It assists
campaign/violence). Past discussions the Commission on the Status of
are available on-line and the site Women (CSW) and the Committee on
also contains instructions for joining the Elimination of Discrimination
UNITED NATIONS AND this virtual working group. against Women (CEDAW) in their
ITS SPECIALIZED AGENCIES Website: www.unifem.undp.org mandated tasks.
Contains information about the Website:
United Nations Children’s United Nations regional campaigns www. un.org/womenwatch/daw
Fund (UNICEF) to eliminate violence against women; Contains information on CEDAW and
3 UN Plaza links to other UN organizations that its monitoring Committee; the full text
New York are part of the campaign; and of the Convention, ratification
NY 10017 information on applying to the Trust information and country reports; the
USA Fund for funding. work of CSW; the text of the Platform
Tel: +1 212 326 7000 for Action; information about the
Fax: +1 212 888 7465 Fourth World Conference on Women
United Nations Development and the Beijing +5 review meeting.
Programme (UNDP)
Activities
1 UN Plaza
As part of its mandate, and guided United Nations
New York
by the CRC and CEDAW, UNICEF High Commissioner
NY 10017
promotes the equal rights of women for Human Rights (UNHCHR)
USA
and girls and supports their full Special Rapporteur
Tel: +1 212 906 5558
participation in the development of Fax: +1 212 906 5001 on Violence Against Women
their communities. It works with Office of the High Commissioner
partners to end violence against Activities for Human Rights
women and girls; widen their access As one part of its contribution to the United Nations
to health-care, education, and United Nations Inter-Agency 1211 Geneva 10
affordable credit; and promote Switzerland
Campaign on Women’s Human
awareness of their rights. Tel: +41 22 917 9150
Rights, UNDP’s Regional Bureau for
Website: www.unicef.org Fax: +41 22 917 0212
Latin America and the Caribbean
E-mail: srvaw@sltnet.lk
has developed a website containing
Contact Ms Radhika Coomaraswamy
Innocenti Digest 6 – Domestic Violence

United Nations Development informational materials from partner


Fund for Women (UNIFEM) agencies including UNDP’s own Activities
304 East 45th Street, 15th floor country offices. Currently, eight of the The Special Rapporteur seeks and
New York 19 reports under preparation by receives information on violence
NY 10017 UNDP are posted on the site: against women from a wide variety
USA Argentina, Bolivia, Brazil, Chile, of sources, including governments,
Tel: +1 212 9066400 Jamaica, Nicaragua, Trinidad & treaty bodies, other Special
Fax: +1 212 9066705 Tobago and Venezuela. Rapporteurs, specialized agencies
20 E-mail: unifem@undp.org Website: ww.undp.org/rblac/gender and women’s organizations.
Links

The Special Rapporteur recommends 1995, focus on the role of the health combat domestic violence against
measures at the national, regional sector in preventing violence against women. It focuses both on prevention
and international level to eliminate women and managing its of abuse and on treatment for
violence against women and its consequences, with increasing women who have been abused. Its
causes, and to remedy its attention given to rape and sexual projects include working with the
consequences. assault. WHO is conducting a multi- media for public education; training
Website: www. unhchr.ch/huridocda country study of prevalence, health of judges and other judicial
Contains United Nations ECOSOC consequences, and risk and personnel; creation of national
resolutions on violence against protective factors for domestic networks to provide support to
women, and reports of the Special violence; has established a database affected women and support for
Rapporteur to the Commission on of existing research on violence regional efforts to design projects to
Human Rights (in English, French against women; and has initiated reduce domestic violence.
and Spanish). reviews of interventions to prevent Website: www.iadb.org
violence, to identify and assist Contains information in English,
abused women, and of various French, Portuguese and Spanish on
United Nations Population training approaches and materials. the organization, its programmes,
Fund (UNFPA) Website: www.who.ch/frh-whd publications, and relevant data.
220 East 42nd Street Contains global health facts related
New York to issues such as violence against
NY 10017 women, female genital mutilation, Pan American Health
USA and HIV/AIDS; fact sheets on women; Organization (PAHO)
Tel: +1 212 297 5020 resources including documents, 525 23rd Street, NW
Fax: +1 212 557 6416 publications, databases and press Washington DC 20037
Email: ryanw@unfpa.org releases; and links to other resources USA
and organizations. Tel: +1 202 9743458
Activities Fax: +1 202 9743143
UNFPA supports research and E-mail: publinfo@paho.org
surveys to assess the prevalence of OTHER UN AGENCIES
domestic violence, including the Activities
development of methodologies to The work of a number of other United PAHO, the regional office of WHO in
identify local and regional problems Nations agencies is relevant to this Latin America and the Caribbean, is
linked to violence against women. It issue, including the International working closely with grassroots and
assesses the impact of violence on Labour Organization (ILO), the Joint national organizations on the issue of
women’s ability to exercise their United Nations Programme on violence against women in 10
reproductive rights and access HIV/AIDS (UNAIDS), the United countries across the region. At the
reproductive health care. It has Nations Education, Scientific and local level, it is creating coordinated
helped to establish women’s health Cultural Organization (UNESCO) community networks involving the
centres providing integrated health and legal systems, churches,
and the United Nations High
packages of services and support in NGOs, and community-based
Commissioner for Refugees (UNHCR).
areas where abuse of women is groups. At the national level, it is
For information about these
widespread. In cooperation with strengthening institutional capacity
organizations, visit their websites as
governments, NGOs and local
follows: and promoting adoption of legal
communities, UNFPA supports
ILO: www.ilo.org norms and policies.
programmes to reduce and
UNAIDS: www.unaids.org Website: www.paho.org
eventually eliminate female genital
UNESCO: www.unesco.org Contains information in English and
mutilation.
UNHCR: www.unhcr.ch Spanish about its programmes,
Website: www.unfpa.org
services and publications, with links
to databases on health.
World Health Organization OTHER INTERGOVERNMENTAL
(WHO) ORGANIZATIONS
INTERNATIONAL
Global Programme on Evidence AND REGIONAL NGOS
for Health Policy (GPE) Inter-American Development
Innocenti Digest 6 – Domestic Violence

CH-1211 Geneva 27 Bank (IDB)


Switzerland 1300 New York Avenue, NW Center for Health and Gender
Tel: +41 22 791 4353 Washington DC 20577 Equity (CHANGE)
Fax: +41 22 791 4328 USA 6930 Carroll Ave., Suite 910
E-mail: garciamorenoc@who.ch Tel: +1 202 6231000 Takoma Park, MD 20912
USA
Activities Activities Tel: +1 301 2701182
WHO’s activities in the area of The IDB has undertaken regional Fax: +1 301 2702052
violence against women, initiated in technical cooperation projects to E-mail: change@genderhealth.org 21
Links

Activities Tel: +44 20 7430 0692 Human Rights Watch –


The Centre coordinates the Inter- Fax: +44 20 7430 0254 Women’s Rights Division
national Research Network on E-mail: ncsm.change@sister.com 1630 Connecticut Avenue, N.W.,
Violence Against Women (INRVAW), Activities Suite 500
a group of investigators and CHANGE produces and disseminates Washington DC 20009
advocacy experts sharing their information on gender inequalities in USA
experiences on research into law, practice and custom, builds Tel: +1 202 6124321
physical and sexual abuse. As well international networks and coalitions Fax: +1 202 6124333
as monitoring the implementation of to exchange strategies, and E-mail: hrwdc@hrw.org
the Programme of Action of the 1994 advocates for the recognition of the Activities
International Conference on human rights of women. The The Division addresses human rights
Population and Development (ICPD), organization is currently conducting abuses directed at, or particularly
the Centre conducts country case- a worldwide survey of laws and concerning, women. Its recent work
studies of policy and programmes, public policies relating to non- has included combating the trafficking
initiates research and demonstration consensual sex in marriage as well of women and girls into brothels in
projects, collaborates with as specific local customs, campaigns Thailand, sexual abuse of female
researchers and advocates and and research. prisoners in the USA, rape as a war
publishes articles and papers. Website: www.ncsm.net crime in Bosnia and Rwanda, control
Website: www.genderhealth.org of women’s virginity in Turkey,
Contains information about the violence against women refugees,
Center’s programmes and European Policy Action and sex discrimination in Mexican
publications, with links to other Centre on Violence maquiladoras, in addition to its Global
relevant sites. Against Women Report on Women’s Human Rights.
LEF Website: www.hrw.org
18, rue Hydraulique Contains information about its
Center for Women’s Global
B1210 Brussels publications and press releases on
Leadership
Belgium current human rights news. Provides
Rutgers, The State University of New
Tel: +32 2 2179020 in-depth information on issues of
Jersey
Fax: +32 2 2188451 concern to Human Rights Watch, and
160 Ryders Lane
E-mail: includes links to relevant internet
New Brunswick,
Centre-violence@womenlobby.org resources.
NJ 08901
USA
Tel: +1 732 9328782 Activities International Center for
Fax: +1 732 9321180 The Centre provides a forum for Research on Women (ICRW)
E-mail: cwgl@igc.org women’s NGOs to enable them to 1717 Massachusetts Avenue, NW,
persuade policy and decision- Suite 302
Activities makers to take responsibility for the Washington DC 20036
The Center develops and facilitates issue of violence against women. It USA
women’s leadership for women’s serves as a central coordinating Tel: +1 202 7970007
human rights and social justice point for information, studies, Fax: +1 202 7970020
worldwide, through women’s global research and the exchange of good Email: info@icrw.org
leadership institutes, strategic practice among European Union
planning activities, international member states, as well as lobbying Activities
mobilization campaigns, UN The Center gathers information and
for political action to address
monitoring, global education provides technical assistance on
violence against women in Europe.
endeavours, publications, and its women’s productive and
The Centre has created a database
resource centre. reproductive roles, their status in the
of NGOs working on this issue,
Website: www.cwgl.rutgers.edu family, their leadership in society,
published as a directory, “Action
Contains information about the and their management of
Against Violence Against Women” environmental resources.
Center’s programmes, publications, and has conducted a study,
relevant articles and resources, and It advocates with governments and
“Unveiling the Hidden Data on
Innocenti Digest 6 – Domestic Violence

links to related organizations. multilateral agencies, brings experts


Domestic Violence,” containing together, and engages in an active
official data on domestic violence in publications and information
CHANGE: Non-Consensual Sex the 15 member states of the EU. programme to advance women’s
in Marriage Programme Website: www.womenlobby. rights and opportunities, principally
106 Hatton Square org/en/themes/violence/centre.html in developing and transition
16 Baldwins Gardens Contains position papers, a listing of countries. The Center is currently
London EC1N 7RJ publications and a news page. In conducting a three-year research
22 UK French and English. programme on domestic violence in
Links

India in partnership with researchers Activities Women in Law and


from Indian organizations, aiming to Isis gathers and disseminates gender- Development in Africa
identify and replicate effective related information on a wide (WILDAF)
responses. selection of topics to promote women’s 2nd Floor Zambia House
Website: www.icrw.org empowerment, gender equality, Box 4622
Contains information on research, development and peace in Africa. It Harare
publications and programmes and a provides opportunities for African Zimbabwe
synthesis of the India study. Also women to network on a global basis, Tel: +263 4 751189 / 752105
provides links to other organizations sharing their experiences and gaining Fax: +263 4 781886
working on gender issues. access to information. E-mail: wildaf.org.zw
International Women’s Rights Website: www.isis.or.ug
Action Watch Asia Pacific Contains research reports; Activities
(IWRAW-AP) magazines that can be downloaded; WILDAF promotes and strengthens
2nd Floor, Block F, Anjung Felda, current news from the region; a strategies which link law and
Jalan Maktab development to increased women’s
section on women in armed conflict;
participation and influence at the
Off Jalan Semarak and links to other organizations.
community, national and
54000 Kuala Lumpur
international levels. It provides
Malaysia
Latin American and opportunities for networking among
Tel: +60 3 2913292
Caribbean Women’s Network members through workshops and
Fax: +60 3 2984203
against Domestic and Sexual seminars and through collaboration
E-mail: iwraw@po.jaring.my
Violence (ISIS-Chile) with organizations from all parts of
Casilla 2067 the world working in the field of
Activities
women, law and development.
IWRAW-AP is a collaborative Correo Central
WILDAF’s publications include a
programme to facilitate and monitor Santiago
quarterly newsletter and training
the implementation of the CEDAW, Chile
manuals for legal rights advocacy
with projects in 13 Asian countries. Tel: +562 633 4582
groups. It conducts training and
Website: ww.womenasia.com/iwraw Fax: +562 638 3142 provides technical assistance to build
E-mail: isis@reuna.cl the capacity of women’s rights
Isis-Women’s International groups. It is engaged in advocacy
Cross Culture Exchange Activities and lobbying efforts at the regional
(Isis-WICCE) ISIS-Chile works in most countries of and international levels.
Plot 32 Bukoto Street the Latin American and Caribbean Website: www.wildaf.org.zw
Kamwokya region. It has drawn attention to the Contains information about
PO Box 4934 issue of violence against women by membership and focal points, as well
Kampala organizing seminars, coordinating as publications. Also provides a
Uganda regional campaigns, and advocating channel for discussion on the internet
Tel: +256 41 543953 with governments and international on women’s human rights.
Fax: +256 41 543954 organizations.
E-mail: isis@starcom.co.ug Website: www.isis.cl (Spanish)
Innocenti Digest 6 – Domestic Violence

23
Links

ADDITIONAL WEB RESOURCES

The Global Reproductive The University of Minnesota Women’sNet


Health Forum South Asia Human Rights Library – www.womensnet.org.za
www.hsph.harvard.edu (English, Women’s Human Rights Site
French and Spanish) www.umn.edu/humanrts/instree/auoe Women’sNet aims to make
.htm information and communication
The Global Reproductive Health technology accessible to women in
Forum (GRHF) at Harvard seeks to The site contains full texts of women’s South Africa, particularly those who
bring together discourses on human rights instruments in English, have been historically
reproductive health and women’s French and Spanish, plus ratification disadvantaged, providing training
rights related to the South Asian information. It also includes a and supporting relevant projects,
region. Its site provides access to reference guide to UN documents, people, tools and resources to create
current research originating from listing the articles relevant to a platform for women’s voices and
South Asian organizations and women’s rights. issues. It works to disseminate
universities. In partnership with the
information in formats accessible to
Centre for Women’s Development
Studies, New Delhi and the SNDT Women’s Human Rights women who are not directly linked to
Women’s University, Mumbai, the site Resources – DIANA database the internet, as well as providing
provides in-depth modules on www.law-lib.utoronto.ca/Diana internet training for women and
domestic violence, dowry, and other establishing regional technical
The website is designed to assist
forms of violence against women. It support centres. The site contains
individuals and organizations in
includes listings of organizations, resources on the prevention of
using international women’s human
recommended readings and other violence against women, including
rights law to promote women’s rights.
resources, as well as a discussion site statistical and background
It is part of the DIANA international
providing a forum for current debate. information, services and resources
human rights database, which
for those needing help, listings of
contains a comprehensive list of
organizations working in the field,
Human Rights Web electronic materials essential to
www.hrweb.org information on relevant laws and
human rights research. This site has
policies, and a directory of women’s
Human Rights Web contains an a select bibliography of women’s
organizations.
overview of human rights, providing human rights documents with some
a definition of the term, outlining the annotations.
latest issues, full-text international WomenWatch
human rights documents, and www.un.org/womenwatch
Women’s Human Rights Net
information on how to report on (WHRNet) The United Nations electronic
human rights emergencies. It also www.whrnet.org gateway for information about
includes resources and information (English, French and Spanish) women, launched in 1997, is
for those wanting to contribute to the managed through a collaborative
promotion of human rights. The site provides an overview of
human rights issues, information on partnership between UNIFEM, the
advocacy strategies, news and UN Division for the Advancement of
International Women’s Rights events in the area of women’s human Women (DAW) and the International
Action Watch rights, and information on capacity Institute for Research and Training
www.igc.apc.org/iwraw building resources and training. It for the Advancement of Women
International Women’s Rights Action also contains useful links to relevant (INSTRAW). It provides information
Watch monitors and publicizes the organizations and human rights on the work of the UN and
work of the UN Committee on the documents and has an on-line intergovernmental agencies dealing
Elimination of Discrimination Against discussion facility. with women’s issues; preparations for
Women. It provides technical Beijing +5; national action plans
assistance and research support for prepared by governments as follow-
women’s human rights projects and up to the Fourth World Conference
produces Women’s Watch newsletter, on Women; reports prepared for the
a quarterly publication that covers CEDAW committee; and official
law and policy developments documentation from the Commission
Innocenti Digest 6 – Domestic Violence

affecting women worldwide and on the Status of Women. It is


information resources. The site currently hosting a series of global
contains information about its electronic discussion forums on
publications, and guides for NGOs, as issues raised in the Beijing Platform
well as information about CEDAW, the for Action (PFA) to share lessons
Committee on Economic, Social and learned and effective strategies.
Cultural Rights and the Human Rights
Committee sessions.
24
Information sources

References 28. Ibid.


29. Sen P., Enhancing Women’s Choices in Responding to
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WHO Consultation, Geneva: WHO. Employment and Education. The European Journal of
2. Heise L.L., Pitanguy J. and Germaine A. (1994) Violence Development Research, Vol 11, No 2, December 1999, pp. 65-
against Women. The Hidden Health Burden. Discussion 86.
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4. Hayward, Ruth F. (In Press) Breaking the Earthenware Jar: 31. United Nations ECOSOC, Report of the Special Rapporteur
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New York: UNICEF. 32. US Department of Justice, ‘Violence by Intimates: Analysis of
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on Violence Against Women, E/CN.4/1996/53. and Girlfriends’, March 1998.
6. WHO (1999) ‘Putting Women’s Safety First: Ethical and Safety 33. Heise (1994).
Recommendations for Research on Domestic Violence 34. Ibid.
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Organization. its importance for HIV/AIDS prevention. WHO, March 2000
7. WHO (1996). 36. Ibid.
8. Heise (1994). 37. Macharia J. K., Women, Law, Customs and Practices in East
9. ‘Violence against Women in the Family’, United Nations Africa: Laying the Foundation.
(ST/CSDHA/2). New York, 1989. 38. From research carried out by Henry Maina for the Daily
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11. Hayward (1999). Battered Women. Developmental Clinical Psychology and
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Problèmes, Promotion, Organisations’, Association pour le Organisation, 76 (6), pp 591-598. Cited in Population Reports,
Progrès et la Défense des Droit des Femmes Malienne 1999.
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published 25 February, 2000. y salud’, 1998 (SPA) p. 319 (1998 Nicaraguan demographic
20. United Nations ECOSOC, Report of the Special Rapporteur and health survey). Managua, Nicaragua: Instituto Nacional
on Violence Against Women, E/CN.4/1995/42. de Estadisticas y Cebsos.
21. State of the World’s Children 2000, New York: UNICEF, 2000. 45. For studies on costs see:
22. UNICEF (1997), Progress of Nations. Blumel D.K. et al. (1993). Who Pays? The Economic Costs of
23. Benninger-Budel C., et al. op. cit. (1999). Violence Against Women. Queensland, Australia: Women’s
24. Schuler S.R., Hashemi S.M., Riley A.P., and Akhter S., Credit Policy Unit, Office of the Cabinet.
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1742, 1996. Centre for Research on Violence Against Women and
25. ECLAC (Economic Commission for Latin America and the Children.
Caribbean) (1992), ‘Domestic Violence against Women in Latin Kerr R. et al. (1996) Paying for Violence: Some of the Costs of
America and the Caribbean: Proposals for Discussion’, Social Violence Against Women in B.C. Ministry of Women’s
Development Division, Santiago, Chile. Equality, British Colombia, Canada.
Innocenti Digest 6 – Domestic Violence

26. UNICEF (1989), ‘The invisible adjustment: Poor women and Stanko A. et al. (1998) Counting the Costs: Estimating the
economic crisis’, UNICEF, The Americas and Caribbean Impact of Domestic Violence in the London Borough of
Regional Office, Santiago. ‘La situation de la femme mali- Hackney. Crime Concern, London.
enne: cadre de vie, problèmes, promotion’ op. cit. Yodanis C.L. and Godenzi A. (1999) Report on the economic
Mazumdar, V. et al. (1995) Changing Terms of Political costs of violence against women. Fribourg Switzerland:
Discourse: The Women’s Movement in India, 1970s-1990s, University of Fribourg.
Economic and Political Weekly, vol. XXX: 29, pp 1866-1878. 46. Greaves, Lorraine (1995) ‘Selected Estimates of the Costs of
27. UNICEF (1999). Violence against Women’. London, Ontario: Centre for
25
Information sources

Research on Violence aginst Women and Children 69. WHO (1999) ‘WHO Multi-country study of women’s health and
47. Laurence L. and Spalter-Roth R. (1996) ‘Measuring the costs domestic violence. Core protocol’. WHO/EIP/GPE/99.3
of domestic violence against women and the cost-effective- Geneva: WHO.
ness of interventions: an initial assessment and proposals for 70. WHO (1996) ‘Violence against Women: WHO Consultation’, p
further research’. Washington DC: Institute for Women’s 26- 27. Geneva: WHO.
Policy Research. 71. For information, contact The United Nations Development
48. World Bank (1993) World Development Report 1993: Investing Fund for Women (UNIFEM) at tfvaw.unifem@undp.org, or
in Health. New York: Oxford University Press. visit web site at www.unifem.undp.org.
49. Ibid.
50. Buvinic M., Morrison A.R. and Shifter M. (1999) Violence in
the Americas: A Framework for Action in ‘Too Close to Home:
Domestic Violence in the Americas’, Morrison A.R. Biehl M.
L. (eds.). Washington DC: Inter-American Development
Bank.
51. Buvinic M., Morrison, A.R., Shifter M. (1999) op. cit.
52. Morrison A.R. and Orlando M.B. (1999) Social and Economic
Costs of Domestic Violence: Chile and Nicaragua in ‘Too
Close to Home: Domestic Violence in the Americas’.
Washington DC: Inter-American Development Bank.
53. Ibid.
54. Hayward (1999).
55. Garcia-Moreno C. (1999) Violence Against Women, Gender
and Health Equity. Harvard Center for Population and
Development Studies, Working Paper Series 99.15.
Cambridge, Massachusetts.
56. Economic and Social Research Council, Children 5-16
Research Programme, conducted by the Universities of
Warwick, Bristol, North London and Durham. Number 12. For
further information contact Audrey Mullender, University of
Warwick, Audrey.Mullender@warwick.ac.uk
57. Tortured Tradition, by Lauren Goldsmith, The Baltimore Sun,
March 26, 2000; The Niodior Declaration to abandon female
genital cutting, Molly Melching, Director of Tostan, Senegal,
April 7, 2000.
58. Hayward Ruth F. (1997) ‘Needed: A new model of masculini-
ty to stop violence against girls and women’, UNICEF
Regional Office for South Asia, Kathmandu, Report no. 17;
UNICEF (1997) ‘The Role of Men in the Lives of Children. A
Study of How Improving Knowledge about Men in Families
Helps Strengthen Programming for Children and Women’,
UNICEF, New York.
59. Poppe P. (1999) Partnerships with the Media to Prevent
Domestic Violence, in ‘Too Close to Home: Domestic Violence
in the Americas’ op. cit.
60. Human Rights Watch (1995).
61. Mitra Nishi (1999) Best Practices among Responses to
Domestic Violence in Maharashtra and Madhya Pradesh.
Washington, DC: International Center for Research on
Women (ICRW).
62. WHO (1996).
63. Ibid.
64. Kellermann A.L., Mercy J. A. (1992) Men, women, and mur-
der: gender-specific differences in rates of fatal violence
and victimization. Journal of Trauma, 33 (1), pp 1-5.
65. Smith T. W., (1995) Changes in Firearm Ownership among
Women, 1980-1994. Journal of Criminal Law and
Criminology, 86, pp 133-149.
Innocenti Digest 6 – Domestic Violence

66. Smith T. W., (1980) The 75% Solution: an Analysis of the


Structure of Attitudes on Gun Control, 1959-1977. Journal of
Criminal Law and Criminology, 71, pp 300-316. Also Smith, T.
W., (2000)1999 Gun Policy Survey of the National Opinion
Research Center: Research Findings. Chicago: University of
Chicago.
67. For information, see www.unicef.org
68. For information, see www.unifem.undp.org.
26
Information sources

Selected key readings Latin American and Caribbean Women’s Health Network (1996)
The Right to Live Without Violence: Women’s Proposals and
While not included in the list of references, the following Actions. Santiago: Latin American and Caribbean Women’s
materials are invaluable resources on gender issues and/or Health Network.
domestic violence
Mertus J., Flowers N. and Dutt M (1999) Local Action, Global
Bauer H., and Rodriguez M.A. (1995), Letting Compassion Open Change. Learning about the Human Rights of Women and
the Door: Battered Women’s Disclosure to Medical Providers. Girls. New York: UNIFEM and the Center for Women’s Global
Cambridge Quarterly of Healthcare Ethics, Vol 4, pp 459-465. Leadership.

Brasileiro A. M. (1997), Women Against Violence: Breaking the Segal L. (1997) Slow Motion: Changing Masculinities, Changing
Silence. New York: UNIFEM. Men. London: Virago.

Bunch C. (1997) The Intolerable Status Quo: Violence against Sen A. (1990) More than One Million Women are Missing. New
Women and Girls, in The Progress of Nations. New York: York Review of Books, December 20, 1990.
UNICEF.
United Nations (1993) Strategies for Confronting Domestic
Carillo R. (1992) Battered Dreams: Violence against Women as Violence: A Resource Manual. New York: United Nations.
an Obstacle to Development. New York: UNIFEM.
UNICEF (1999) Programming for Safe Motherhood: Guidelines
Clarke R. (1998) Violence Against Women in the Caribbean: for Maternal and Neonatal Survival. New York: UNICEF.
State and Non-State Responses. Barbados: UNIFEM.
UNIFEM (1999) Women @ Work against Violence: Voices in
Cook R. (ed.) (1994) Human Rights of Women: National and Cyberspace. New York: UNIFEM.
International Perspectives. Philadelphia: University of
Pennsylvania Press. WHO (1997) ‘Violence Against Women. Information Kit’.
WHO/FRH/WHD/97.8. Geneva: WHO.
Corrin C. (1996) Women in a Violent World: Feminist Analyses
and Resistance Across Europe. Edinburgh: Edinburgh Women, Law and Development International (1996) ‘State
University Press. Responses to Domestic Violence: Current Status and Needed
Improvements’. Washington, D.C: Women, Law and
Davies M. (ed.) (1994) Women and Violence: Realities and Development International.
Responses Worldwide. London: Zed Books.

Edelson J.L. (1999) Children Witnessing Adult Domestic Violence,


Journal of Interpersonal Violence No 14 (8), pp 839-870.

Ellsberg M. et al. (1997) The Nicaraguan Network of Women


Against Violence: Using Research and Action for Change.
Reproductive Health Matters, No. 10, pp 82-92.

Human Rights Watch (1999) Crime or Custom? Violence against


Women in Pakistan. New York: Human Rights Watch.

International Women’s Tribune Centre (1998) Rights of Women:


A Guide to the Most Important United Nations Treaties on
Women’s Human Rights. New York: International Women’s
Tribune Centre.

Kabeer N. (1998) Money Can’t Buy Me Love? Evaluating


Gender, Credit and Empowerment in Rural Bangladesh. IDS
Discussion Paper 363. Brighton: University of Sussex.

Kelly L. (1996) When Woman Protection is the Best Kind of Child


Protection: Children, Domestic Violence and Child Abuse.
Administration, Vol 44, No. 2 pp 118-135.
Innocenti Digest 6 – Domestic Violence

Konishi T. (2000) Cultural Aspects of Violence against Women in


Japan, article in The Lancet, Vol. 355, No 9217, pp 1810-12.

Landsberg-Lewis I. (1998) Bringing Equality Home.


Implementing the Convention on the Elimination of All Forms of
Discrimination Against Women. New York: UNIFEM.

27
Clipboard

THE INNOCENTI DIGESTS


The UNICEF Innocenti Research Centre, in Florence, Italy, was established in 1988 to
strengthen the research capability of the United Nations Children’s Fund (UNICEF) and
to support its advocacy for children worldwide. The Centre (formally known as the
International Child Development Centre) helps to identify and research current and future
areas of UNICEF’s work. Its prime objectives are to improve international understanding of
issues relating to children’s rights and to help facilitate the full implementation of the
United Nations Convention on the Rights of the Child in both industrialized and devel-
oping countries.
The Innocenti Digests are produced by the Centre to provide reliable and accessible
information on specific child rights issues.
This issue of the Innocenti Digest has been researched and written by Sushma Kapoor,
Consultant to the UNICEF Innocenti Research Centre. It has benefited from the input of
more than 20 international experts who attended the Consultation on Domestic Violence,
held at the UNICEF Innocenti Research Centre in April 2000.
With special thanks to:
Radhika Coomaraswamy, United Nations Special Rapporteur on Violence Against
Women.
The Centre is grateful for input from:
Shahida Azfar, Rosa Bernal, Kiran Bhatia, Misrak Elias, Ruth Finney Hayward, Nigel
Fisher, Claudia Garcia Moreno, Srilakshmi Gururaja, Dale Hurst, Tomoko Ishii, Takako
Konishi, Soledad Larrain, Nicoletta Livi-Bacci, Neill McKee, Zaynab Nawaz, Njoki
Ndung’u, Monica O’Connor, Michael Rodriguez, Rima Salah, Lavinia Shikongo, Fatoumata
Siré Diakité, Susan B. Sorenson, Stephen H. Umemoto, Rukhsana Zia.
The Digest was prepared under the overall guidance of Nigel Cantwell, Maryam
Farzanegan and Mehr Khan.

Previous Digests have addressed:


■ Ombudswork for Children
■ Children and Violence
■ Juvenile Justice
■ Intercountry Adoption
■ Child Domestic Work
For further information and to download these and other publications, visit the website
at: www.unicef-icdc.org
To order publications contact orders@unicef-icdc.it

UNICEF Innocenti Research Centre


Piazza SS. Annunziata, 12
50122 Florence, Italy
Tel.: (+39) 055 203 30
Fax: (+39) 055 244 817
E-mail (general information): florence@unicef-icdc.it
E-mail (publication orders): orders@unicef-icdc.it
Website: www.unicef-icdc.org

The opinions expressed are those of the authors and editors and do not necessarily reflect the policies or views
of UNICEF.
Extracts for this publication may be freely reproduced provided that due acknowledgment is given to the source
Innocenti Digest 6 – Domestic Violence

and to UNICEF:
We invite comments on the content and layout of the Digest and suggestions on how it could be improved as
an information tool.

Editor: Angela Hawke


Cover design: Miller, Craig & Cocking, Oxfordshire - UK
Layout and phototypesetting: Bernard & Co, Siena - Italy
Front cover picture: © Bernard Chazine, 2000
Printed by Arti Grafiche Ticci, Siena - Italy

28 June 2000
DOMESTIC VIOLENCE
AGAINST WOMEN AND GIRLS

This Digest focuses on domestic violence as one of the most preva-


lent yet relatively hidden and ignored forms of violence against
women and girls globally. Domestic violence is a health, legal, eco-
nomic, educational, developmental and, above all, a human rights
issue. The Digest looks at the magnitude and universality of domes-
tic violence, and its impact on the rights of women and children. It
emphasizes the need for coordinated and integrated policy respons-
es; implementation of existing leglisation; and greater accountabili-
ty from governments in order to eliminate this violence. Information
on regional and international NGOs working in this area, and sug-
gestions for further reading are also provided.

UNICEF Innocenti Research Centre


Piazza SS. Annunziata, 12
50122 Florence, Italy
Tel.: (+39) 055 203 30
Fax: (+39) 055 244 817
E-mail (general information): florence@unicef-icdc.it
E-mail (publication orders): orders@unicef-icdc.it

Website: www.unicef-icdc.org

ISSN: 102-3528

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