violence against women - Zonta Andalucia Málaga

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VIOLENCE AGAINST
WOMEN
DISTRICT 29
LAA COMMITTEE REPORT 2011
Seite 1
LAA COMMITTEE
JUDITH ELTENBERG
ZC ROTTERDAM
INES CHAMARRO STORMS
ZC MADRID KM 0
GUDRUN ENGELS
ZC ESSEN
ANNA HUMMEL
ZC GUILDFORD
GUILAINE RICHEFORT
ZC TOURS
OLGA ROLLE
ZC ST PETERSBURG
Seite 2
VIOLENCE AGAINST WOMEN: A
DEFINITION
“Violence against women is a manifestation
of historically unequal power relationships
between men and women.”
“Violence against women is one of the
crucial social mechanisms by which women
are forced into a subordinate position
compared with men.”
(UN Declaration on the Elimination of VAW)
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SOME FIGURES
Seite 4
SOME FIGURES
In Russia
over 14,000 women
are estimated to die every year
at the hands of a partner or family member
Seite 5
SOME FIGURES (2)
In the United Kingdom
50% of murdered women
are killed by a partner
(vs only 5% of murdered men)
Seite 6
SOME FIGURES (3)
20-25%
of German women
will suffer physical or sexual violence
during their lifetime
Seite 7
SOME FIGURES (4)
France
registered 650,000 complaints
of sexual violence
in 2009
Seite 8
SOME FIGURES (5)
In Spain
only 8.5% of VAW procedures
are started by the victim
Over 90% of VAW cases are reported
by doctors or police
Seite 9
SOME FIGURES (6)
In The Netherlands
60% of the victims of domestic violence is
women
In 2010 14 women got killed as a result of
domestic violence
Seite 10
INTERNATIONAL RESPONSE
1) UNITED NATIONS
Seite 11
UNITED NATIONS
1975 International Women's Year : First World Conference on
Women held in Vienna
The process begins to bring women into decision-making at all levels
1995 Fourth World Conference on Women held in Beijing
VAW is named as one out of 12 “critical areas of concern” in the
situation of women around the world
Seite 12
UNITED NATIONS (2)
Definition of VAW (Beijing Conference)
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 private life.
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UNITED NATIONS (3)
Accordingly, VAW encompasses (but is not limited to) the following:
 Physical, sexual and psychological violence occurring in the family,
including

battering

sexual abuse of female children

dowry-related violence

marital rape

female genital mutilation
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UNITED NATIONS (4)
Physical, sexual and psychological violence occurring within the general
community, including

rape

sexual abuse

sexual harassment

intimidation at work, in educational institutions and elsewhere

trafficking in women

forced prostitution
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UNITED NATIONS (4)
Physical, sexual and psychological violence perpetrated or condoned by the
State, wherever it occurs.
Violation of the human rights of women in situations of armed conflict, in
particular:

murder

systematic rape

sexual slavery

forced pregnancy.
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UNITED NATIONS (5)
Reproductive violence:

Forced sterilization

Forced abortion

coercive/forced use of contraceptives

female infanticide

prenatal sex selection.
Seite 17
INTERNATIONAL RESPONSE
2)
EUROPEAN UNION
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EUROPEAN UNION
In Europe
The elimination of VAW is a priority area of the European Commission,
expressed through
 the Women’s Charter adopted in March 2010 and
 The Strategy for equality between women and men adopted in September
2010.
The European Union promotes the erradication of VAW through
 funding support
 awareness-raising activities
 the promotion of exchanges of good practices.
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NATIONAL RESPONSES
1) HOW COUNTRIES DEFINE VAW
(CRIMINAL CODES)
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SPAIN
NETHERL.
GERMANY
FRANCE
UNITED
KINGDOM
RUSSIAN
FED.
•Homicide






•Rape






•Sexual abuse






•Mutilation






•Lesser violence





Administrati
ve offence
•Threats/Abuse





?
•Sex. Harassment






Honour-related VAW





?
Reproductive





?
TYPE OF VIOLENCE
Physical
Psychological
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SPAIN
NETHERL.
GERMANY
FRANCE
UNITED
KINGDOM
RUSSIAN
FED.
Women trafficking






Forced prostitution





?
Forced marriage





?
N/A




?
TYPE OF VIOLENCE
Dowry-related VAW
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NATIONAL RESPONSES
2) NATIONAL LEGISLATION
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NATIONAL LEGISLATION
First wave: the 70s
United Kingdom
1971
1976
First Refuge Act
Domestic Violence Bill
Spain
1978
Constitution: equality, right to life and physical and moral integrity
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NATIONAL LEGISLATION (2)
Second wave: the 90s
Spain
1995
Penal Code
Law for assistance to victims of violence and sexual crimes
Germany
1996
Wohnungsverweisung und Rückkehrverbot zum Schutz vor
häuslicher Gewalt”
United Kingdom
1996
1997
Family Law Act
Sex Offenders Act
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NATIONAL LEGISLATION (3)
Third wave: the 2000s
Germany
2002
Protection from Violence Act (“Gewaltschutzgesetz“)
2005
Gesetzliches Verbot der Zwangsehe in § 240 (Nötigung)
Spain
2003
2003
2004
Law on protection of victims of domestic violence
Amendment of Penal Code
Gender Violence Law
Netherlands
2003
Domestic Violence Decree (Aanwijzing Huiselijk Geweld)
2009
Law for Temporary Restraining Order (Wet Tijdelijk Huisverbod)
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NATIONAL LEGISLATION (4)
United Kingdom
2004
Crimes and Victims Act
France
2004
2006
2007
2010
2011
Eviction of the violent partner in case of divorce
Aggravation of violence committed by non-married and ex-partners
Law allowing psychological treatment of violent partners
Law against Family Violence
1st interministerial Plan against VAW (2011-2013)
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NATIONAL LEGISLATION (5)
Special case: the Russian Federation
The Russian Federation lacks a law specifically prohibiting domestic violence.
•
The Criminal Code prohibits rape and sexual assault in general terms.
•
Less serious VAW incidents are treated as administrative violations.
Russian law does not specifically prohibit sexual harassment.
The Criminal Code prohibits (since 2003) human trafficking and the use of
slave labor, but there is no comprehensive program to prevent human
trafficking.
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HOW THE LEGISLATION
WORKS IN REAL LIFE
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TWO VOICES
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PROCEDURE AND VICTIM
RIGHTS
IN THE EUROPEAN UNION
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PROCEDURE AND VICTIM RIGHTS
1) Victim suffers violence
The victim can report the violence to the police or to the courts
Police or doctors intervening may also report the case to the courts
The case then goes ahead whether the victim presses charges or not
 Exception: in France the victim must press charges or the case is
dropped.
 Important: in physical violence evidence must be preserved (medical
certificate, pictures taken by police, etc.)
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PROCEDURE AND VICTIM RIGHTS (2)
2) Interim measures
An order forbidding the aggressor to approach the victim may be issued
 in the Netherlands: by the mayor
in Germany: by the police
other countries: by the court
Other possible measures:
Temporary custody (rare)
Aggressor banned from home
Electronic tagging
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PROCEDURE AND VICTIM RIGHTS (3)
3) Help to victims
Given by the State, social services or specialized associations:
Legal advice (free if victim is without means)
Women’s shelters (if victim flees from aggressor)
Medical and psychological care
Preference for social housing (Spain/Netherlands)
Economic help (Spain)
Retraining programs to allow the victim access to employment (Spain)
Labour rights (change work center or work times, etc.) (Spain)
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PROCEDURE AND VICTIM RIGHTS (4)
4) Court procedure
After investigation the violence will be tried by a specialized penal court and
the aggressor condemned to either
 Imprisonment (rare)
Community work/Violence prevention courses
Fine
A civil procedure may occur simultaneously to decide
Indemnification to victim
Divorce
Children custody and alimony provisions
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PROCEDURE AND VICTIM RIGHTS (5)
Problems:
Most reported cases are physical violence. Psychological violence is rarely
punished because unreported.
The victim is usually the main witness. If the victim does not press charges or
refuses to testify the case often collapses.
% of victims filing for divorce is small (10-15% in Spain). Therefore most go
back to living with the aggressor.
Courts and public prosecutors are not consistent in their behaviour in
application of the laws, leading to insecurity for victims.
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WHY DOES ALL THIS
HAPPEN?
THEORIES AND MISCONCEPTIONS
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MISCONCEPTIONS
•
Men who batter women are mentally ill
•
Violence is a loss of control problem
•
“Learned helplessness”
Battered women accept the situation and do not defend themselves
•
“Family conflict” model
Both partners contribute to the violence
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CURRENT UNDERSTANDING
VAW is a learned behavior that a male engages in to establish and maintain
power and control over his partner.
Violence is learned through exposure to social values and beliefs regarding
the appropriate roles of men and women. Violent behavior is reinforced when
peers and authorities fail to sanction batterers for using violence.
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CURRENT UNDERSTANDING (2)
It is critical that all members of a community share a common understanding
about VAW and its causes.
Therefore education should be a primary concern:
 Awareness-raising in the general population through media campaigns
 Education throughout school and university
 Training for intervening professionals
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WHAT CAN ZONTA DO?
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ZONTA INTERNATIONAL
ZISVAW Program
•
Supports prevention and advocacy strategies locally and internationally.
•
Awards grants to United Nations agencies or recognized NGOs for
projects that seek to change personal and/or political knowledge, attitudes
and behavior contributing to gender-based violence.

•
More than $2 million donated since 1999
Increases awareness and actions related to preventing violence against
women by encouraging Zonta club involvement in local and national
advocacy initiatives and service projects.
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Zonta District 29:
Area directors’ reports
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LAA OPPORTUNITIES
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LAA OPPORTUNITIES
Legal awareness
•
means educating yourself about the ‘division of powers’ in your country –
that is, what each level of government is responsible for
•
know the process by which laws are created at the local, regional and
national level of government
•
know how to have laws repealed or changed, how to prepare submissions
for parliamentary inquiries or reviews, and how to present a logical,
comprehensive case to support your views/arguments for or against it
Seite 45
LAA: DISTRICT LEVEL
The District 29 LAA Committee tries its best to contribute to law
awareness throughout the District:

Newsletters

Reports

Lectures to Area and Club meetings
Clubs should also appoint their own LAA committees in order to keep up to
date with legal developments in your country
Seite 46
Advocacy
Advocacy is the expression of support for or opposition to a cause,
argument or proposal.
Advocacy may include influencing laws, legislation or attitudes.
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Advocacy
Plan your advocacy activity:
•
Choose an issue that promotes the status of women
-
education
health
-
legal
social
-
economic
human rights
•
Use the SCORE CARD and the Advocacy Framework which links Zonta’s
Objects to CEDAW Articles (See ZI Website – LAA page)
•
Ensure that the Club/District is in agreement about the issue as one
suitable for Zonta advocacy
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Advocacy (2)
•
Know your issue (high level of expertise required)
•
Establish your objectives
•
Conduct a stakeholder analysis to identify opposition
•
Develop a strategy
•
Identify and mobilise required resources
•
Monitor and evaluate the progress
•
Avoid conflicts of interest at all times
•
Conduct advocacy in an ethical manner
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Advocacy (3)
And remember:
• no-one other than the International President/International Board can sign
on behalf of Zonta International
• Club Presidents can only sign on behalf of club if a motion is passed by a
majority of members at a club meeting. (Club Boards of Directors cannot
make policy/pass motions or take action binding a club).
• On advocacy matters to be decided by the club, advance notice of
discussion should be given (agenda items) and any papers distributed to all
members before any vote is taken.
• Governors, clubs, individuals should only advocate on matters pertaining to
their own jurisdictions. Concerns re matters in other countries should
be referred to the Chairman of the United Nations Committee.
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LEGISLATIVE AWARENESS &
ADVOCACY
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THANK YOU
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