domestic violence

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CONFERENCE FOR THE LAUNCH OF THE PROGRAMME
“DOMESTIC VIOLENCE AND GENDER BASED VIOLENCE”
Under the EEA Financial Mechanism
15th November 2013
Sofia
CONFRONTING DOMESTIC VIOLENCE IN NORWAY
Rachel Eapen Paul
Senior Adviser, Office of the Equality and Anti-discrimination Ombud,
Norway
Outline
1. Introduction
a. Comprehending DV, its extent and context
b. Domestic Violence in an international context
c. Impact and Consequences
i.
ii.
iii.
Health
Social
Economic
2. Confronting Domestic Violence in Norway
3. Challenges and the way forward
2
Comprehending domestic violence and
gender based violence
- Gender based violence is any form of violence a
person is subject to due to their gender
- most of these forms of violence are against women
- also men can be subject to GBV
- Many terms:
- Violence against women
- Violence in intimate relationships
- Domestic violence
3
Violence against women – gender based violence against women is a huge human rights violation
-
hundreds of thousands of mostly women and girls all over the world are
subject to domestic violence.
Men and boys can also be victims of DV, but the vast majority of
victims globally are women and the great majority of perpetrators are
men and boys
4
The then Norwegian Minister for
Children, Equality and Social Inclusion
said in her Statement at the UN CSW
in early March this year:
Violence against women is a global
disgrace – that persists regardless of
national boundaries, regardless of
ethnicity and regardless of wealth.
VAW is the leading cause of deaths
and disabilities among women of all
ages, causing more deaths among
young women than cancer, malaria,
traffic accidents and war combined!
5
• Domestic violence is generally seen as
a form of violence against women
• Here too men can be victims of
domestic violence
6
The Beijing Platform for Action further says:
Violence against women encompasses but is
not limited to the following:
• Physical, sexual and psychological
violence occurring in the family, including
battering, sexual abuse of girl children in the
household, dowry-related violence, marital
rape, forced marriage (domestic violence)
7
• An issue concerning gender equality
• The UN Beijing Platform for Action for
Equality, development and Peace, 1995
states:
• “Violence against women is an obstacle to
the achievement of the objectives of equality,
development and peace”
- VAW is one of the greatest hindrances to
achieving gender equality
8
The United Nations defines violence against
women:
"any act of gender-based violence that
results in, or is likely to result in, physical,
sexual or mental harm or suffering to women,
including threats of such acts, coercion or
arbitrary deprivation of liberty, whether
occurring in public or in private life.
9
The EU Definition:
The European Union 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 life”.
Probably domestic violence is the most common form
of violence against women and is a high priority for
the EU.
10
• Domestic violence – the Duluth model
of understanding
• The Power and Control Wheel
11
• Victims suffer from
- Isolation
- Loss of self confidence
- Taking on the blame and the shame
- Inability to work
- Loss of wages
- Lack of participation in regular activities
- Limited ability to care for themselves and their children
13
Extent
From the World Health Organisation’s (WHO) Fact
Sheet No. 239, 2012
A WHO multi-country study found that
between 15–71% of women aged 15- 49 years
reported physical and/or sexual violence by an intimate
partner (DV) at some point in their lives.
14
Extent Contd
From a European survey on people’s awareness of domestic
violence:
SPECIAL EUROBAROMETER 344 “Domestic Violence Against
Women”
One respondent in four – 25% - across the EU knows
a woman among friends or in the family circle who is a
victim of domestic violence.
15
Extent - Eurobarometer contd.
• 34% of respondents say they know a
victim of domestic violence in their
neighbourhood
• 31% of respondents say that they know
a perpetrator of domestic violence in
their neighbourhood
16
• 78% of Europeans recognise that
domestic violence is a common
problem.
17
International Commitments and Monitoring
mechanisms
Europe and the EU:
- Istanbul Convention – adopted by Council of
Europe, 2011. Open for signing
- Eurobarometer on Violence against Women
- European Observatory on Violence against
Women
18
International monitoring mechanisms
• Reporting to the CSW – 2013 – on VAW
• Reporting to the CEDAW committee
- General Recommendation 19.
- VAW - discrimination
• Reporting to the CERD Committee
• The Universal Periodic Review
19
In the Concluding document from the CSW 57, States have
agreed to:
• Accelerate efforts to develop, review and strengthen policies,
and allocate adequate financial and human resources,
• Address the structural and underlying causes of violence
against women and girls, including gender discrimination and
unequal power relations between women and men
• (Accelerate efforts to eradicate poverty and persistent legal,
social, and economic inequalities, including by strengthening
women’s and girls’ economic participation, empowerment and
inclusion, in order to decrease their risk of violence).
20
International monitoring mechanisms contd
• The UN Special Rapporteur on Violence
against Women - Rashida Manjoo
- Due Diligence
The States’ positive duty to Prevent, Protect,
Prosecute and Provide good services to victims
- The question of Impunity
21
Consequences
Where does Domestic Violence take
place?
- In our families
i:e in the very core / nucleus of our
societies
22
• In the space where our children are born and
brought up
• Where children learn values, where they
learn right and wrong, build up their own
identities as future citizens of our societies
• Therefore Domestic Violence is not only a
violation and betrayal of the particular victims,
but also a profound betrayal of our children,
of their future, and our societies in general
23
Impact on children
• Children who grow up in families where there is
violence may suffer a range of behavioural and
emotional disturbances.
These can also be associated with perpetrating or
experiencing violence later in life.
• Intimate partner violence has also been associated
with higher rates of infant and child mortality
24
Health consequences
•
•
•
•

Physical health
Psychological/ mental health
Sexual and reproductive health
Can increase vulnerability to HIV. (WHO)
At the individual level – the physical and
psychological health impact on the individual victim
 At the societal level – the demand / need for
services from health professionals such as doctors,
psychiatrists and psychologists etc.
25
• In Europe violence costs 16 billion Euro according
to the COE report.
• This estimate reflects costs in health services,
including mental health and long term disability
caused by injuries; policing and justice system costs;
mortality; and the loss of economic productivity from
victims.
26
In Norway
• How did it all start in Norway?
- Brought to light by the women’s
activists, women in politics and women
in research
- Brussels Tribunal in 1977
- First Crisis Centre - in Oslo in 1978
27
Violence against women in Norway - an
overview
• 1 out of 4 women in Norway have suffered violence
or threats of violence
• 1 out of 10 women over 15 years has been raped
• 1 out of 10 women over 15 years has experienced
that their partner has used a weapon, strangled or
beat her head against the floor or other objects
(2005, Nibr)
- Equality and Wealth
- Minority women and Norwegian Women
28
• In Norway violence in close
relationships (domestic violence) costs
between 4 ½ - 6 billion NOK (VISTA
report)
29
• In Norway today - Domestic violence is
unacceptable – taken 30 years of work
• There is acknowledgement that it must be
prevented, worked against and alleviated
through measures to help and protect the
victims and through treatment and prosecution
of the perpetrators.
30
Crisis centres / shelters for victims of domestic violence
The core services of the shelter service:
• 24 hours shelter, counseling by day, follow-up in the
resettlement phase, and counseling by telephone.
• Safe and free temporary housing for women and children (and
men)
• Daytime services for former residents and others
• Counseling, individually and in groups
• Follow-up in re-establishment phase
• Assistance to contact the support system
• Special services for different groups, for eg. victims of forced
marriage and victims of trafficking, Prison project
31
• The term violence in close relationships
includes many different forms of violence;
intimate partner violence, forced marriages,
female genital mutilation (FGM), honour
related crimes and sexual and physical abuse
of children.
• These forms of violence have common
characteristics – the victims are mainly
women and the violence is perpetrated by a
person or persons known to victim.
32
Plans of Action
Separate plans and strategies for each form
- Mutually supplementary and are intended to ensure a
coherent approach to combating violence in close relationships.
-
A 5th Plan of Action launched this year for 2014 – 2017
• Involves commitment from six ministries
• 45 measures based on the need to see the work against these
forms of violence in an integrated, cross-sectoral perspective
33
PLANS OF ACTION
–
–
–
–
–
–
–
–
Action Plan to combat violence against women ( 2000 – 2003 )
Action Plan to combat intimate partner violence ( 2004 – 2007 )
Action Plan to combat intimate partner violence( 2008– 2011 )
Action Plan to combat intimate partner violence (2012)
Action Plan against forced marriages (2008-2011)
Action Plan against female genital mutilation (FGM) (2008-2011)
Action Plan against forced marriages and FGM (2012)
Strategy against physical and sexual violence against children (20052009)
– Action Plan to combat Human Trafficking (2011-2014)
34
A White paper
• The first in Norway on violence against
women and domestic violence approved by
Parliament this year - taken us 30 years to get
here
• This was followed up with the new action plan
for the period 2014-2017.
35
LAWS
In 1988, unconditional public prosecution was
introduced in cases of domestic violence.
- A criminal case may be brought before the court, even if
the woman withdraws the formal report.
36
• A special penal sanction for violence in intimate relationships
entered into force on 1 January 2006.
- covers mental abuse
- Punishment for abuse in intimate relationships is increased from
three to four years, for aggravated abuse the punishment is up to
six years.
- A considerable increase in penalty levels within the sentencing
frameworks for all forms of domestic abuse.
- In the new Penal Code, when entered into force, the levels will be
raised further to a maximum of six years for domestic abuse and
15 years for gross domestic abuse.
37
Consequences of Violence against Women
Through amendments to the Criminal Procedure Act of 1
July 2008
- the rights of victims in the criminal procedure have
been strengthened, in particular for victims of sexual
abuse
- More victims are given free legal counsel to assist
them during the police investigation and trial
38
A law prohibiting female genital mutilation
(FGM) in 1995, amended in 2004.
This prohibition also applies when the
procedure is carried out outside Norway.
For certain groups of professional practitioners
and employees, it is a punishable offence not to
attempt to prevent FGM.
39
• On 4 July 2003, the Norwegian Penal Code
was amended to include a provision on
forced marriage. The penalty for causing
forced marriage is imprisonment for a term
not exceeding six years.
• Human trafficking is a criminal offence in
Norway. An act prohibiting the purchase of
sexual services in Norway entered into force
on 1. January 2009,
40
Shelter law of 2010
- The purpose is to ensure that persons exposed to violence or
threats of domestic violence have access to a good,
comprehensive shelter service.
Persons exposed to trafficking may also be covered by the law.
- Imposes upon the municipality a legal obligation to provide
shelter services and coordinated assistance for victims of violence
in close relationships.
- The law emphasizes that it is a public responsibility to make sure
that victims of domestic violence receive protection and assistance.
41
Other Measures
Family Violence Coordinators
o A full-time position in all police districts
o To help ensure that the police meet the victim of violence and
her family and friends with understanding, knowledge and
insight – in both professional and human terms
o In the largest police districts, separate teams are being
established to work on cases of domestic violence
42
Protection / Restraining Orders
Ban on visiting/ getting close to, following
or limiting the freedom of another
Ban on staying close to or in the vicinity of
the other – 2005
43
Mobile violence alarm
• On 1 January 2004 the police initiated a
nation-wide system of mobile violence
alarms. Used in combination with other
measures, like ban of visit (restraining order),
mobile violence alarms are intended to give
persons under threat of violence greater
freedom of movement and help prevent
violence and threats.
44
• The alarm system is based on two geographical positioning
systems (GPS and GSM) to ensure that the police can locate
the person under threat as accurately as possible
• When the alarm is triggered, the person concerned can
communicate directly with the police operations centre
• To ensure that the alarms are used effectively in every police
district, special guidelines for the provision of mobile violence
alarms drawn up
• As of May 2011, a total of approximately 1,800 alarms were in
operation.
45
Most of the shelters in Norway have up to now been run
by women’s NGOs involving some voluntary work
In the spring 2009 the parliament passed a new act that
imposes upon the municipality a legal obligation to
provide shelter services and coordinated assistance
for victims of violence in close relationships.
- The law emphasizes that it is a public responsibility to
make sure that victims of domestic violence receive
protection and assistance.
46
A national resource center on violence and
traumatic stress (NKVTS)
• to integrate and strengthen expertise in violence,
family violence and sexual abuse
• The center is engaged in research, development
work, training, guidance and counseling
• Five Regional Resource Centers for the field of
violence and trauma have also been established,
which assists the service apparatus with information,
guidelines and expertise development, and create
networks between all relevant partners in the region
47
A survey of a selection of spousal homicide cases
(Among the 28 victims of murder in Norway in 2012, 6 were women
murdered by their intimate partner.
In the period of 1991 to 2011 the number of women murdered
by their intimate partners was 152 (constitutes between 20%
and 30% of the murders committed every year) )
-
The objective is to strengthen the knowledge base regarding
risk factors and possible warning signs.
Will help develop better and more focused protective
measures and better prevention strategies
48
• Spousal Assault Assessment
Guide-Police Version(SARA) are
established – pilot projects
This is a tool that the police can use to
evaluate risk factors for future serious
spousal violence.
49
• A nationwide network of Children’s Houses
– on the Icelandic model
- Children subject to sexual abuse or violence,
or have witnessed violence or abuse in intimate
relationships, are offered help, care and
treatment
- Includes new methods for interview and
medical examination.
50
For Perpetrators
• The foundation Alternative to Violence
offer counselling and help to
perpetrators
- take responsibility for the violence
- anger management
• In process of establishing nationwide
treatment facilities for perpetrators
• .
51
Electronic monitoring
• In May 2009, a legal amendment that
authorizes the use of electronic monitoring of
a ban on contact or visit
- as part of a sentence
- in line with the perspective that insists that the
abuser must take responsibility for his acts
and that it is the abuser – and not the victim –
who must bear those consequences, in that
his freedom of movement is restricted
52
Challenges ahead
• Establish good predictable routines for
cooperation
• Good gender desegregated statistics
and documentation
53
• Prevent that victims of violence are
shunted from one helper or service to
another by creating a more coherent
and unified chain of services for victims
of domestic violence – providing a good
coordinated provision of services – eg
Family Justice Centre model
54
• Sustainability of measures
Raise the efforts to combat domestic violence from the
level of pilot projects or temporary programmes into the
structures and routines of the various agencies,
resulting in their sustainability at institutional level
• Building and strengthening the expertise of
persons and agencies that deal with victims of
domestic violence
55
 Providing good rights based service provision
 Ensuring that the relevant authorities carry out their
positive duty to the 4 Ps (in consultation with
women’s NGOs)
-
Prevention – addressing gender stereotypes
Protection
Prosecution -Culture of impunity leading to a culture of violence
Provision of good services
56
• We need to always keep in mind that
domestic violence which is a human rights
violation can lead to societal decay – to a
society with no social cohesion and no trust
among its citizens
- There is no time to lose!
57
• Thank you for your attention!
58
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