1.2.7 Inadequate measures to prevent domestic violence Condensed entry: Domestic violence is physical, psychological and sexual violence that occurs within the private sphere, generally between individuals who are known to one another, either as relatives, intimate partners or cohabitation. Domestic violence may be physical, sexual or psychological. Physical violence involves intentionally using physical force, strength or a weapon to harm or injure. Sexual violence involves sexual abuse, including physical and verbal abuse. Psychological violence includes control, isolation, humiliation and embarrassment, as well as economic deprivation such as denial of access to and control over basic resources. States have a duty to exercise due diligence to prevent, investigate and punish the perpetrators of domestic violence. States have a duty to enact specific legislation to combat domestic violence. Such law should include provision of protection and exclusion orders as well as support services, including shelters. Comprehensive entry: Domestic violence is physical, psychological and sexual violence that occurs within the private sphere, generally between individuals who are known to one another, either as relatives, intimate partners or cohabitation.[1] Domestic violence is a manifestation of unequal power usually in relations between women and men[2] or between adults and children. (See *children – freedom from violence abuse and neglect*) Although both men and women may be victims/survivors of domestic violence, women and girls are disproportionately affected. International human rights law specifically prohibits all forms of violence against women whether the violence takes place in private or public.[3] Domestic violence may constitute *cruel, inhuman or degrading treatment*.[4] Acts of domestic violence range from simple assaults to aggravated physical battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, rape, dowry or bride-price related violence, female genital mutilation/cutting, violence related to exploitation through prostitution, violence against household workers and attempts to commit such acts.[5] According to a report by the UN Secretary-General on violence against women, intimate partner violence, as other domestic violence, may be physical, sexual or psychological:[6]
Physical violenceinvolves intentionally using physical force, strength or a weapon, including household instruments, to harm or injure;
Sexual violence involves sexual abuse, including physical and verbal abuse; (See *rape*; *sexual violence*).
Psychological violence includes control, isolation, humiliation and embarrassment, as well as economic deprivation such as denial of access to and control over basic resources.
States have a duty to enact specific legislation to combat domestic violence. Such law should include provision on protection and exclusion orders as well as support services, including shelters.[7] States are required to allocate sufficient resources to ensure the effective implementation of the law. States have a duty to exercise due diligence to prevent, investigate and punish the perpetrators of domestic violence.[8] The IAComHR held in Maria da Penha Maia Fernandes v Brazil:[9] Given the fact that the violence suffered by Maria da Penha is part of a general pattern of negligence and lack of effective action by the State in prosecuting and convicting aggressors, it is the view of the Commission that this case involves not only failure to fulfill the obligation with respect to prosecute and convict, but also the obligation to prevent these degrading practices. That general and discriminatory judicial ineffectiveness also creates a climate that is conducive to domestic violence, since society sees no evidence of willingness by the State, as the representative of the society, to take effective action to sanction such acts. Inadequate measures to prevent domestic violence include inter alia instances where authorities fail to impose sanctions on an abusive partner,[10] where national law does not provide for specific administrative and policy measures to deal with domestic violence,[11] where the national law prevents effective protection for victims/survivors of domestic violence,[12] where the public prosecutor denies requests of the police to arrest an abusive partner,[13] or where the psychiatric condition of a violent partner is not assessed immediately prior to his release from prison.[14] States ‘should adopt preventive measures in specific cases in which it is evident that certain women and girls may be victims of violence’.[15] Thus, police must respond to an emergency call from a victim of domestic violence, in particular if there is a history of abuse. The CEDAW Committee in Goekce v Austria noted:[16] during the three-year period starting with the violent episode that was reported to the police on 3 December 1999 and ending with the shooting of Şahide Goekce on 7 December 2002, the frequency of calls to the police about disturbances and disputes and/or battering increased; the police issued prohibition to return orders on three separate occasions and twice requested the Public Prosecutor to order that Mustafa Goekce be detained … The Committee notes that Mustafa Goekce shot Şahide Goekce dead with a handgun that he had purchased three weeks earlier, despite a valid weapons prohibition against him as well as the uncontested contention by the authors that the police had received information about the weapon from the brother of Mustafa Goekce. In addition, the Committee notes the unchallenged fact that Şahide Goekce called the emergency call service a few hours before she was killed, yet no patrol car was sent to the scene of the crime.
[The absence or lack of emergency and alternative accomodation has been seen as a factor that lead women to stay in a violent relations. The lack of adapted housing solutions can also affect children and youngsters.] [1] UNGA Res 58/147 (2004) para 1(a). [2]UNGA Res 58/147, preamble, para 6. Declaration on the Elimination of Violence Against Women (DEVAW) defines violence against women as ‘any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private’. See also African Women’s Protocol art 1(j). [3] See DEVAW art 4; CEDAW General Recommendation 19) para 24; African Women’s Protocol art 4; Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, arts 7 & 8. [4] HRC General Comment 28 para 11; Special Rapporteur against Torture, A/HRC/7/3, para 48. [5]Report of the Special Rapporteur on violence against women, its causes and consequences, E/CN.4/1996/53/Add.2 para 11. [6]In-depth study on all forms of violence against women Report of the Secretary-General , A/61/122/Add.1 (2006) para 113. [7]AT v Hungary communication 2/2003 (CEDAW 2005) para 9.6(II(e). [8]UNGA Res 58/147 (2004) para 5. Cf Velasquez-Rodriquez v Honduras (IACtHR 1988) para 172; Osman v The United Kingdom (ECtHR 1998) paras 128-130. [9]Maria da Penha Maia Fernandes v Brazil Case 12.051, Report 54/01 (IAComHR 2001) para 56. [10]Bevacqua v Bulgaria application 71127/01 (ECtHR 2008) para 83; Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 455. [11]Bevacqua v Bulgaria application 71127/01 (ECtHR 2008) para 83; Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 258. [12]Opuz v Turkey application 33401/02 (ECtHR 2009) para 145. [13]Yildrim v Austria communication 6/2005 (CEDAW 2007) para 12.1.4. [14]Branko Tomasic & Others v Croatia application 46598/06(ECtHR 2009) para 58. [15]Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 258. [16]Goekce v Austria communication 5/2005 (CEDAW 2007) para 12.1.3.
Condensed entry:
Domestic violence is physical, psychological and sexual violence that occurs within the private sphere, generally between individuals who are known to one another, either as relatives, intimate partners or cohabitation. Domestic violence may be physical, sexual or psychological. Physical violence involves intentionally using physical force, strength or a weapon to harm or injure. Sexual violence involves sexual abuse, including physical and verbal abuse. Psychological violence includes control, isolation, humiliation and embarrassment, as well as economic deprivation such as denial of access to and control over basic resources.
States have a duty to exercise due diligence to prevent, investigate and punish the perpetrators of domestic violence. States have a duty to enact specific legislation to combat domestic violence. Such law should include provision of protection and exclusion orders as well as support services, including shelters.
Comprehensive entry:
Domestic violence is physical, psychological and sexual violence that occurs within the private sphere, generally between individuals who are known to one another, either as relatives, intimate partners or cohabitation.[1] Domestic violence is a manifestation of unequal power usually in relations between women and men[2] or between adults and children. (See *children – freedom from violence abuse and neglect*) Although both men and women may be victims/survivors of domestic violence, women and girls are disproportionately affected. International human rights law specifically prohibits all forms of violence against women whether the violence takes place in private or public.[3] Domestic violence may constitute *cruel, inhuman or degrading treatment*.[4]
Acts of domestic violence range from simple assaults to aggravated physical battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, rape, dowry or bride-price related violence, female genital mutilation/cutting, violence related to exploitation through prostitution, violence against household workers and attempts to commit such acts.[5]
According to a report by the UN Secretary-General on violence against women, intimate partner violence, as other domestic violence, may be physical, sexual or psychological:[6]
- Physical violenceinvolves intentionally using physical force, strength or a weapon, including household instruments, to harm or injure;
- Sexual violence involves sexual abuse, including physical and verbal abuse; (See *rape*; *sexual violence*).
- Psychological violence includes control, isolation, humiliation and embarrassment, as well as economic deprivation such as denial of access to and control over basic resources.
States have a duty to enact specific legislation to combat domestic violence. Such law should include provision on protection and exclusion orders as well as support services, including shelters.[7] States are required to allocate sufficient resources to ensure the effective implementation of the law. States have a duty to exercise due diligence to prevent, investigate and punish the perpetrators of domestic violence.[8]The IAComHR held in Maria da Penha Maia Fernandes v Brazil:[9]
Given the fact that the violence suffered by Maria da Penha is part of a general pattern of negligence and lack of effective action by the State in prosecuting and convicting aggressors, it is the view of the Commission that this case involves not only failure to fulfill the obligation with respect to prosecute and convict, but also the obligation to prevent these degrading practices. That general and discriminatory judicial ineffectiveness also creates a climate that is conducive to domestic violence, since society sees no evidence of willingness by the State, as the representative of the society, to take effective action to sanction such acts.
Inadequate measures to prevent domestic violence include inter alia instances where authorities fail to impose sanctions on an abusive partner,[10] where national law does not provide for specific administrative and policy measures to deal with domestic violence,[11] where the national law prevents effective protection for victims/survivors of domestic violence,[12] where the public prosecutor denies requests of the police to arrest an abusive partner,[13] or where the psychiatric condition of a violent partner is not assessed immediately prior to his release from prison.[14]
States ‘should adopt preventive measures in specific cases in which it is evident that certain women and girls may be victims of violence’.[15] Thus, police must respond to an emergency call from a victim of domestic violence, in particular if there is a history of abuse. The CEDAW Committee in Goekce v Austria noted:[16]
during the three-year period starting with the violent episode that was reported to the police on 3 December 1999 and ending with the shooting of Şahide Goekce on 7 December 2002, the frequency of calls to the police about disturbances and disputes and/or battering increased; the police issued prohibition to return orders on three separate occasions and twice requested the Public Prosecutor to order that Mustafa Goekce be detained … The Committee notes that Mustafa Goekce shot Şahide Goekce dead with a handgun that he had purchased three weeks earlier, despite a valid weapons prohibition against him as well as the uncontested contention by the authors that the police had received information about the weapon from the brother of Mustafa Goekce. In addition, the Committee notes the unchallenged fact that Şahide Goekce called the emergency call service a few hours before she was killed, yet no patrol car was sent to the scene of the crime.
[The absence or lack of emergency and alternative accomodation has been seen as a factor that lead women to stay in a violent relations. The lack of adapted housing solutions can also affect children and youngsters.]
[1] UNGA Res 58/147 (2004) para 1(a).
[2]UNGA Res 58/147, preamble, para 6. Declaration on the Elimination of Violence Against Women (DEVAW) defines violence against women as ‘any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private’. See also African Women’s Protocol art 1(j).
[3] See DEVAW art 4; CEDAW General Recommendation 19) para 24; African Women’s Protocol art 4; Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, arts 7 & 8.
[4] HRC General Comment 28 para 11; Special Rapporteur against Torture, A/HRC/7/3, para 48.
[5]Report of the Special Rapporteur on violence against women, its causes and consequences, E/CN.4/1996/53/Add.2 para 11.
[6]In-depth study on all forms of violence against women Report of the Secretary-General , A/61/122/Add.1 (2006) para 113.
[7] AT v Hungary communication 2/2003 (CEDAW 2005) para 9.6(II(e).
[8]UNGA Res 58/147 (2004) para 5. Cf Velasquez-Rodriquez v Honduras (IACtHR 1988) para 172; Osman v The United Kingdom (ECtHR 1998) paras 128-130.
[9]Maria da Penha Maia Fernandes v Brazil Case 12.051, Report 54/01 (IAComHR 2001) para 56.
[10] Bevacqua v Bulgaria application 71127/01 (ECtHR 2008) para 83; Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 455.
[11] Bevacqua v Bulgaria application 71127/01 (ECtHR 2008) para 83; Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 258.
[12] Opuz v Turkey application 33401/02 (ECtHR 2009) para 145.
[13] Yildrim v Austria communication 6/2005 (CEDAW 2007) para 12.1.4.
[14] Branko Tomasic & Others v Croatia application 46598/06(ECtHR 2009) para 58.
[15] Gonzales et al (‘Cotton field’) v Mexico (IACtHR 2009) para 258.
[16] Goekce v Austria communication 5/2005 (CEDAW 2007) para 12.1.3.