VIOLENCE AGAINST WOMEN
The Appropriate Legal Responses
The Protection Project at The Johns Hopkins University, School of Advanced International Studies (SAIS)
Dr. Mohamed Mattar
Research Professor of Law and Executive Director
Prepared for the workshop on “Violence Against Women: Medical and Legal Responses” at The
Suzanne Mubarak Regional Center for Women’s Health and Development, Alexandria, Egypt,
February 17, 2009
Violence Against Women:
The International Legal
Standards
Underlying Principles
VIOLENCE AGAINST WOMEN IS A FORM OF DISCRIMINATION
VIOLENCE AGAINST WOMEN IS A VIOLATION OF WOMEN’S HUMAN RIGHTS
CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
(CEDAW)
CEDAW: Part I
Article 1
For the purposes of the present Convention, the term
"discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis
of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis
of equality of men and women, of human rights and
fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
Article 2
States Parties condemn and eliminate
discrimination
Article 3
States Parties take steps in all fields to
ensure advancement of women
Article 4
Adoption of special measures to accelerate
de facto equality and protection
Article 5
Adoption of special measures to accelerate
de facto equality and protection
Article 6
Legislative Steps against prostitution and
trafficking
CEDAW: Part II
Article 7
Equal rights in political and public life
Article 8
Equal rights to represent their government
internationally
and
participate
in
international organizations
Article 9
Equal rights on issues of nationality of self
and children
CEDAW: Part III
Article 10
Equal rights in all fields of education
Article 11
Eliminate discrimination in all fields of
employment
Article 12
Eliminate discrimination in health care;
ensure services in connection with
pregnancy
Article 13
Article 14
Ensure equality in family benefits,
financial aspects and cultural life
Eliminate discrimination of and ensure
development for rural women
CEDAW: Part IV
Article 15
Article 16
Legal equality
Eliminate discrimination and assure equal
rights in family matters and marriage
REPORTING OBLIGATIONS
CEDAW: Part V
Article 18
1. States Parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative,
judicial, administrative or other measures which they have adopted to give
effect to the provisions of the present Convention and on the progress made
in this respect:
(a) Within one year after the entry into force for the State concerned;
(b) Thereafter at least every four years and further whenever the Committee
so requests.
2. Reports may indicate factors and difficulties affecting the degree of
fulfilment of obligations under the present Convention.
Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Côte d'Ivoire
Croatia
Cuba
CEDAW
Status of Ratification
Cyprus
Czech Republic
Democratic People’s
Republic of Korea
Democratic Republic of
Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Fiji
Finland
France
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hungary
Iceland
India
Indonesia
Iraq
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Kuwait
Kyrgyzstan
Lao
(People's Democratic Republic)
Latvia
Lebanon
Lesotho
Liberia
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mexico
Micronesia
(Federated States of)
Monaco
Mongolia
Montenegro14
Morocco
Mozambique
Myanmar
Namibia
Nepal
Netherlands
New Zealand
Nicaragua
Niger
185 Parties
Nigeria
Norway
Oman
Pakistan
Panama
Sweden
Papua New Guinea
Switzerland
Paraguay
Syrian Arab Republic
Peru
Tajikistan
Philippines
Thailand
Poland
The Former Yugoslav
Portugal
Republic of Macedonia
Republic of Korea
Timor-Leste
Republic of Moldova
Togo
Romania
Trinidad and Tobago
Russian Federation
Tunisia
Rwanda
Turkey
Saint Kitts and Nevis
Turkmenistan
Saint Lucia
Tuvalu
Saint Vincent and the Grenadines
Uganda
Samoa
Ukraine
San Marino
United Arab Emirates
Sao Tome and Principe
United Kingdom of
Saudi Arabia
Great Britain
Senegal
and Northern Ireland
Serbia
United Republic of
Seychelles
Tanzania
Sierra Leone
Uruguay
Singapore
Uzbekistan
Slovakia
Vanuatu
Slovenia
Venezuela (Bolivarian
Solomon Islands
Republic of)
South Africa
Viet Nam
Spain
Yemen
Sri Lanka
Zambia
Suriname
Zimbabwe
Swaziland
CEDAW
Status of Ratification
THE ARAB STATES
Ratified
1.
2.
3.
4.
5.
6.
7.
8.
9.
Algeria
Bahrain
Comoros
Djibouti
Egypt
Iraq
Jordan
Kuwait
Lebanon
10. Libya
11. Mauritania
12. Morocco
13. Oman
14. Saudi Arabia
15. Syria
16. Tunisia
17. United Arab Emirates
18. Yemen
Not Yet Ratified
1.
2.
3.
4.
Palestine
Qatar
Somalia
Sudan
Optional Protocol to CEDAW
Status of Ratification
Albania
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bangladesh
Belarus
Belgium
Belize
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Cameroon
Canada
Colombia
Cook Islands
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
Finland
France
Gabon
Georgia
Germany
Greece
Guatemala
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Lesotho
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg
Maldives
Mali
Mauritius
Mexico
Moldova
Mongolia
Montenegro
Mozambique
Namibia
Nepal
Netherlands
New Zealand
Niger
Nigeria
Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Republic of Korea
Romania
Russian Federation
Rwanda
Saint Kitts and Nevis
San Marino
Senegal
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
Spain
Sri Lanka
Sweden
96 Parties
Switzerland
Thailand
The Former Yugoslav Republic of
Macedonia
Timor-Leste
Tunisia
Turkey
Ukraine
United Kingdom of Great Britain and
Northern Ireland
United Republic of Tanzania
Uruguay
Vanuatu
Venezuela (Bolivarian Republic of)
Optional Protocol to CEDAW
Status of Ratification
THE ARAB STATES
Ratified
1. Libya
2. Tunisia
Not Yet Ratified
1. Algeria
2. Bahrain
3. Comoros
4. Djibouti
5. Egypt
6. Iraq
7. Jordan
8. Kuwait
9. Lebanon
10. Mauritania
11. Morocco
12. Oman
13. Palestine
14. Qatar
15. Saudi Arabia
16. Somalia
17. Sudan
18. Syria
19. United Arab
Emirates
20. Yemen
Communication No 5/2005
State Party Challenged: AUSTRIA
Articles Alleged to be Violated:
1, 2, 3, and 5
FACTS: The victim was the subject of
various violent attacks from her
husband. He repeatedly choked her
and threatened to kill her, which the
victim reported to the police. The
victim was then shot by her husband
in front of her two daughters but
survived. Subsequently, the husband
stabbed and killed the victim while
she was on her way to work.
Communication No 10/2005
State Party Challenged: UNITED KINGDOM
Articles Alleged to be Violated:
2 and 3
FACTS: The victim, a Pakistani
national was rejected asylum from the
UK. She applied on the grounds that
her life was under threat from her exhusband who had subjected her to
marital rape and had threatened to kill
her at knife-point. Her appeal was
rejected by the UK Courts and the
European Court of Human Rights. In
both cases, the Court encouraged her
to relocate within Pakistan.
Communication No 4/2004
State Party Challenged: HUNGARY
Articles Alleged to be Violated:
10 (h), 12 and 16, paragraph 1 (e)
FACTS: Hungarian Roma women had
a caesarean operation after going
into labor. The caesarean also
involved sterilization for which the
victim signed a consent form while on
the operating table.
The victim
argued that she had not been
sufficiently
informed
of
the
sterilization and could not remember
signing the consent note.
Communication No 2/2003
State Party Challenged: HUNGARY
Articles Alleged to be Violated:
2 (a and b), 3, 5(a) and 16
FACTS: The victim was the subject of
domestic violence at the hands of her
husband. After moving out the
husband broke into her home after
locks were changed and severely hurt
the
victim;
she
required
hospitalization. The husband was
granted the right to enter his home
because of his right to property.
Definition of Violence Against
Women
United Nations Declaration on the Elimination of
Violence Against Women 1993
Any act of gender-based violence
that results in, or is likely to result
in, physical, sexual or psychological
harm or suffering to women (Art. 1)
Including, threats of such acts,
coercion or arbitrary deprivation of
liberty in public or private life (Art. 1)
Perpetrated or Condoned
by the State
(Art. 2)
Occurring in the Family
(Art 2)
Occurring within the
general community
(Art. 2)
General Recommendation No. 19
Gender based violence is “violence
that is directed against a women
becasue she is a women or that affects
women disproportionately (No. 6)
Gender based violence which impairs or
nullifies the enjoyment by women of
human rights and fundamental freedoms
under international law or human rights
conventions is within the meaning of
“discrimination against women” under
Art. 1 of CEDAW (No. 7)
State Obligations
United Nations Declaration on the Elimination of
Violence Against Women 1993 – Article 4
In light of available resources, take all appropriate
measures to promote the PHYSICAL
AND PSYCHOLOGICAL REHABILITATION
of victims of violence and their children
e.g. Assistance in child care and maintenance
Counselling
Health and Social services
RATIFY CEDAW
EXERCISE DUE DILIGENCE to prevent, punish
investigate and in accordance with national
legislation punish acts of VAW,
by states or private persons
DEVELOP penal, civil, labor and administrative
SANCTIONS IN DOMESTIC LEGISLATION
to redress and punish the wrongs to victims
Develop ACTION PLANS to
promote the protection of women,
taking in to account COOPERATION
as can be provided by NGOs
Develop comprehensive, PREVENTIVE approaches,
and all measures of a legal, political, administrative
and cultural nature that promote the protection of
women from violence
ENSURE RE-VICTIMIZATION
DOES NOT OCCUR because of laws
insensitive to gender considerations,
enforcement practices or other
interventions
“States should pursue by all
appropriate means and
without
delay a policy of eliminating
violence against women”
States should not invoke any
custom, tradition or religion
to avoid this obligation
TRAIN the relevant LAW ENFORCEMENT
and public officials to sensitize them to the
needs of women
ELIMINATE ALL PRACTICES, social and cultural,
BASED ON THE INFERIORITY OR SUPERIORITY
OF ONE OF THE SEXES, especially in the
field of education
Promote RESEARCH, collect data and compile statistics,
on the prevalence of the various forms of VAW,
especially domestic violence
INCLUDE WHEN SUBMITTING REPORTS
under human rights instruments to the United
Nations, information on VAW
Facilitate and ENHANCE THE ROLE
of the WOMEN”S MOVEMENT and NGOS
and cooperate with them to raise
awareness and alleviate VAW
UNITED NATIONS RESOLUTION A/RES/61/143 ON
INTENSIFICATION OF EFFORTS TO ELIMINATE ALL FORMS OF
VIOLENCE AGAINST WOMEN, DECEMBER 2006
Urges States to take action to eliminate all forms of violence against women by means of a more systematic,
comprehensive, multisectoral and sustained approach, adequately supported and facilitated by strong
institutional mechanisms and financing, through national action plans, including those supported by
international cooperation and, where appropriate, national development plans, including poverty eradication
strategies and programme-based and sector-wide approaches, and to this end to:
 Empower women, particularly poor women, through, inter alia, social and economic policies that guarantee
them full and equal access to all levels of quality education and training and to affordable and adequate public
and social services, as well as full and equal rights to own land and other property, and to take further appropriate
measures to address the increasing rate of homelessness or inadequate housing for women in order to reduce their
vulnerability to violence
 Take positive measures to address structural causes of violence against women…including with regard to
women who need special attention in the development of policies to address violence, such as women belonging
to minority groups, including those based on nationality, ethnicity, religion or language, indigenous women,
migrant women, stateless women, women living in underdeveloped, rural or remote communities, homeless
women, women in institutions or in detention, women with disabilities, elderly women, widows and women who
are otherwise discriminated against
 Recognize that gender inequalities and all forms of violence against women and girls increase their
vulnerability to HIV/AIDS and ensure that women can exercise their right to have control over, and decide freely
and responsibly on, matters related to their sexuality in order to increase their ability to protect themselves from
HIV infection, including their sexual and reproductive health, free of coercion, discrimination and violence
A/RES/61/143 (contd.)
 Ensure that men and women and boys and girls have access to education and literacy programmes and are
educated on gender equality and human rights, particularly women’s rights and their responsibility to respect
the rights of others, inter alia, by integrating women’s rights into all appropriate curricula and by developing
gender-sensitive teaching materials and classroom practices, especially for early childhood education
 Promote awareness and information campaigns on women’s rights and the responsibility to respect them,
including in rural areas, and encourage men and boys to speak out strongly against violence against women
 Protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally
displaced persons settings, where women are at greater risk of being targeted for violence and where their
ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with
equality between women and men and development
 Integrate a gender perspective into national plans of action and establish or strengthen specific national
plans of action on the elimination of violence against women, supported by the necessary human,
financial and technical resources, including, where appropriate, time-bound measurable targets
Violence Against Women:
The Current Legal Map
Types of Anti-Trafficking Legislation
COMPREHENSIVE ANTITRAFFICKING ACT
12
14
ANTI-TRAFFICKING CRIMINAL
PROVISIONS
47
10
ANTI-TRAFFICKING DRAFT LAW
23
ANTI-TRAFFICKING PROVISIONS IN
IMMIGRATION LAW AND OTHER
LAWS
CHILD ANTI-TRAFFICKING LAW OR
PROVISION ONLY
65
NO ANTI-TRAFFICKING LAW
Types of Sexual Harassment Legislation
Countries Surveyed that Prohibit Sexual Harassment do so as follows:
• 35.5 % Gender Equality Legislation
• 25.8% Penal Codes
• 25.8% Labor Codes
• 9.68% Comprehensive Law
• 3.23% Related Law (E.g. Human Rights Legislation)
** Survey so far incorporates 27 countries: Albania, Algeria, Armenia, Azerbaijan, Bangladesh, Belize, Bosnia & Herzegovina,
Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Iceland, Ireland, Israel, Lithuania, Moldova,
Pakistan, Philippines, Slovenia, Sweden, Tunisia, Turkey, Ukraine
** Some countries prohibit sexual harassment in more than one type of legislation
What Constitutes Sexual Harassment?
Penal Codes
Algeria: Penal Code, Law 04-15; abusing the authority conferred by one’s function or profession in order to give orders to,
threaten, impose constraints or exercise pressure on another person for the purpose of obtaining sexual favors. A person
convicted is subject to imprisonment of two months to one year and a fine of 50,000 to 100,000 dinars.
Armenia: Penal Code, Article 140; “Forcing a person to engage in sexual intercourse, homosexuality, lesbianism or other
sexual actions, by means of black mail, threats to destroy, damage or seize property, or using financial dependence or other
dependence of the aggrieved, is punishable by a fine in the amount of 200 to 300 minimal salaries, correctional labor for up
to two years, or imprisonment for the term of up to one year”
Azerbaijan: Criminal Code, Article 151; Coercion of the person to the sexual relations, buggery or to committing of other
actions of sexual nature by threat of destruction, damage or withdrawal of property or with use of material or other
dependency of the victim.
Bangladesh: Penal Code Section 509; Intent to insult the modesty of any women, utters any word, make any sound or
gesture or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object, shall be seen,
by such women, or intrudes upon the privacy of such women, shall by punished with simple imprisonment for a term which
may extend to one year or with fine or with both
France: Criminal Code 222-33; The act of harassing anyone using orders, threats, or constraint, in order to obtain favors of
a sexual nature, by a person abusing the authority that functions confer on him.
Greece: Criminal Code, Article 337; The perpetration of indecent gestures or proposals regarding indecent act.
Tunisia: Penal Code, Law No. 2004-73; Persistent harassment of another person through humiliating or offensive actions,
words or gestures that are intended to cause the victim to submit to one’s one sexual overtures or those of a third party or to
weaken the victim’s efforts to resist those overtures. A person shall be subject to imprisonment of one year, and a fine of
three thousand dinars and doubles the punishment where the victim is a child, or a person with mental disabilities.
Turkey: Penal Code, Art 105; Exploitation of a hierarchical or work relationship shall be subject to three years
imprisonment; considered an aggravated offense.
Gender Equality Legislation
Bosnia & Herzegovina: Law on Gender Equality, 2003;
“is any behavior that in word, action or psychological effect of a sexual nature in intent or effect inflicts injury on the
dignity of a person or gives rise to intimidation, hostility, or demeaning, threatening or similar situations and which is
motivated by belonging to another gender or different sexual orientation and which to the victim represents inappropriate
physical, verbal, suggestive or other behavior.”
Iceland: Act on the Equal Status and Equal Rights of Women and Men, 2000;
“Sexual behavior that is unreasonable and/or insulting and against the will of those who are subjected to it, and which affects
their self-esteem and is continued in spite of a clear indication that this behavior is unwelcome. Behaviour can be physical,
oral or symbolic.”
Moldova: Law on Ensuring Equal Opportunities for Women and Men, 2006;
“any form of physical, verbal, or nonverbal behavior, of sexual nature, which abases a person or creates an unpleasant,
hostile, degrading, humiliating, or insulting environment.”
Labor Codes
Croatia: Labor Act No. 137/2004;
“shall mean any verbal, non-verbal or physical conduct of a sexual nature intended to, or actually undermining the dignity of a
person seeking employment and worker and creating an intimidating, hostile, degrading or offensive environment”
Greece: Law No. 3488 Implementing the Principle of Equal Treatment of Men and Women as regards Access of Employment,
Vocational Training and Promotion, the terms and conditions of labor, 2006;
“when any kind of undesirable verbal, non-verbal or physical behavior of sexual nature is manifested, aiming at or resulting in
the insult to an individual’s dignity, especially by creating an intimidating, hostile, ignominious, humiliating or aggressive
environment”
A Comprehensive Law
Philippines, Anti-Sexual Harassment Act of 1995
Work, education or training-related sexual harassment is committed by:
“any person who, having authority, influence, or moral ascendancy over another in a work, training, or education environment,
demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.”
 In a work-related or employment environment, sexual harassment is committed when:
“(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment, or continued employment of
said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the
refusal to grant sexual favors results in the limiting, segregating or classifying the employee in a way which would
discriminate, deprive, or diminish employment opportunities or otherwise adversely impact said employee.
(2) The above act would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.”
 In an education or training environment, sexual harassment is committed when:
“(3) the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the
payment of a stipend, allowance, or other benefits, privileges, or considerations; or
(4) when the sexual advance result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.”
Directive 2002/73/EC
Harassment: “where an unwanted conduct related to the sex of a person occurs
with the purpose or effect of violating the dignity of a person, and of creating an
intimidating, hostile, degrading, humiliating or offensive environment”
Sexual Harassment: “where any form of unwanted verbal, non-verbal or physical
conduct of a sexual nature occurs, with the purpose or effect of violating the
dignity of a person, in particular when creating an intimidating, hostile, degrading,
humiliating or offensive environment”
Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of
sex and therefore prohibited.
 A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.
** Directive is to be implemented by all Member States no later than October 5, 2005.
Important Provisions in Sexual Harassment Legislation
Gender Equality Laws
 The employer shall anchor appeal mechanisms on gender-related claims in the collective labour contract.
(Albania, Law on an Equal Gender Society, No. 9198, 2004)
 The relevant authorities, education institutions and other juristic persons…shall take no disciplinary or other punitive
measures against a person by reason that that person has brought proceedings for discrimination, harassment or sexual
harassment or has given evidence in relation to discrimination, harassment or sexual harassment.
(Bosnia & Herzegovina, Law on Gender Equality, 2003, Article 6)
 Persons who have been exposed to sexual harassment…may be awarded compensation. In connection with this special
importance shall be attached to whether a relationship of dependence existed between the person harassed and the
harasser.
(Denmark, Gender Equality (Consolidation) Act, 2002)
 Educational institutions must prepare a gender equality plan annually in cooperation with staff and student
representatives. Special attention must be given to measures to ensure the prevention and elimination of sexual harassment
and gender-based harassment.
(Finland, Act on Equality Between Men and Women, Law No. 609/1986 as amended in 2005)
 Employers and Directors of institutions and social activities shall take measures to prevent employees, students and clients
from being subjected to sexual harassment in the workplace, during social activities or within schools.
 One event may constitute sexual harassment if it is serious.
 If a superior is charged with sexual harassment, he/she will be deemed incompetent to take decisions on working
conditions of the plaintiff and a higher superior shall take such decisions instead during the investigation of the case.
(Iceland, Act on the Equal Status and Equal rights of Women and Men, 2000, Article 17)
Labor Laws
 Sexual harassment constitutes discrimination on the grounds of sex and is therefore prohibited.
 The fact that someone rejects or succumbs to a similar behavior cannot be used as basis to take a decision affecting the
said individual.
(Greece, Law No. 3488 Implementing the Principle of Equal Treatment of Men and Women as regards Access of Employment, Vocational Training
and Promotion, the terms and conditions of labor, 2006)
 (1) The employer shall be obliged to provide such a working environment in which none of the workers is subject to
employer’s, superior’s or co-worker’s undesired treatment of sexual nature including undesired physical, verbal or
nonverbal treatment or other sexually based behaviour which creates intimidating, hostile or humiliating relationships
and environment at work and offends the dignity of men and women at work.
(2) The concerned worker’s rejection of the treatment referred to in paragraph (1) may not represent the reason for
discrimination in employment and at work.
(3) If in case of dispute the worker states facts which justify the assumption that the employer behaved contrary to
paragraphs (1) and (2), it is the employer who has to supply the evidence.
(Slovenia: The Employment Relationships Act, 2003, Article 45)
Comprehensive Laws
 Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission
thereof by another without which it would not have been committed shall also be held liable.
 Administrative sanctions shall not bar the prosecution in the proper courts for unlawful sexual harassment.
 The employer or head of office, educational or training institution shall be jointly liable for damage arising from the acts
of sexual harassment committed in the employment, education or training environment if the employer or head of office,
educational or training institution is informed of the such acts by the offended party and no immediate action is taken
thereon.
(Philippines: Anti-Sexual Harassment Act of 1995)
Domestic Violence as Prohibited in a Comprehensive Act
Albania:
Measure Against Violence in Family Relations Law No. 9669 (2006)
Australia:
Domestic Violence (Amendment) Act (1996)
Bahamas:
Sexual Offenses and Domestic Violence Act (1991)
Bosnia and
Herzegovina:
Law on Protection from Domestic Violence (2005)
Bulgaria:
Protection Against Domestic Violence Act
Cambodia:
The Prevention of Domestic Violence and the Protection of Victims (2005)
Canada:
Domestic Violence Protection 2000
Georgia:
Law of Georgia on Elimination of Domestic Violence, Protection of and Support of Its Victims
Greece:
Domestic Violence and other Provisions Law No. 3500 (2006)
Ghana:
Domestic Violence Act (2007)
Hong Kong:
Domestic Violence Ordinance Cap 189 (1986)
Domestic Violence as Prohibited in a Comprehensive Act (contd.)
India:
The Protection of Women from Domestic Violence Act (2005)
Ireland:
Domestic Violence Act (1996)
Malaysia:
The Domestic Violence Act (1994)
Mauritius:
The Protection from Domestic Violence (Amendment) Bill No. XIV (2004)
Mongolia:
Law of Mongolia Against Domestic Violence (1999)
New Zealand:
Domestic Violence Act 1995 (Act No. 86 of 1995) (1995)
Pakistan:
The Prevention of Domestic Violence Bill (2005 with 2006 Amendment)
Romania:
Law to Prevent and Fight against Domestic Violence
Sri Lanka:
Prevention of Domestic Violence Act, Law No. 34 (2005)
United
Kingdom:
Domestic Violence, Crime and Victims Act (2004)
Domestic Violence as Prohibited in a Penal Code
Sweden: Chapter 4 Section 4a; A person who commits criminal acts as defined in Chapter 3, 4, and 6 against
another person having, or have had, a close relationship to the perpetrator shall, if each of the acts formed a part of
an element in a repeated violation of that person’s integrity and suited to severely damage that person’s selfconfidence, be sentenced for gross violation of integrity to imprisonment for at least six months and at most six
years.
If the acts described in the first paragraph were committed by a man against a woman to whom he is, or has been,
married or with whom he is, or has been cohabiting under circumstances comparable to marriage, he shall be
sentenced for gross violation of a woman’s integrity to the same punishment.
Portugal: Penal Code, Article 152; who, with his care, his custody, under the responsibility of its management or
education, or working at your service, particularly minor or helpless person by reason of age, disability, illness or
pregnancy, and: inflict physical or mental abuse or cruel treatment, use in hazardous activities, overload with
excessive work, is punishable with imprisonment from 1 to 5 years if that is not punishable by Article 144.
Norway: Penal Code, Section 219; Any person who threats, duress, deprivation of liberty, violence or any other
wrong grossly or repeatedly maltreats: his former or present spouse, his former or present spouse’s kin in the direct
line of descent, his or her kin in the line of ascent, any person in his or household, or any person in his or her care. If
the maltreatment is gross or the aggrieved person dies or sustains considerable harm to body or health as a result of
the treatment, the penalty shall be imprisonment for a term not exceeding six years.
COMPREHENSIVE VIOLENCE AGAINST WOMEN LAWS
United States of America
Violence Against Women Act (1994)
Safe Streets for Women
Federal Penalties for Sex Crimes: Mandatory Restitution for Sex Crimes; Authorization for Federal victim’s counselors
Grants to combat violent crimes against women
Safety for women in public transit and public parks via grants to prevent crime
New evidentiary rules concerning the sexual history in criminal and civil cases
Assistance to Victims of Sexual Assault: Education and prevention grants to reduce sexual assaults against women; Training
programs; Confidentiality of communications between sexual assault or domestic violence victims and their counselors;
Information programs
Safe Houses for Women
 National Domestic Violence Hotline
Encouragement of arrest policies in domestic violence cases
Grant’s for battered women’s shelters
 Youth education and domestic violence
Establishment of community programs on domestic violence
Confidentiality of abused person’s address
Rural domestic violence enforcement assistance
Civil rights for women
Attorney’s fees
Privacy for rape victims
Violence Against Women Act 1994 (contd.)
Equal Justice for Women in the Courts Act
Grants for the education and training of judges and court personnel in state courts and federal courts
Violence Against Women Act Improvements
Enforcement of restitution orders through the suspension of federal benefits
National baseline study on campus sexual assault
Report on battered women’s syndrome, confidentiality of addresses for victims of domestic violence, and on record
keeping relating to domestic violence
National Stalker and domestic violence reduction
Grant program
Criminal information databases
Technical assistance and trainings
Recommendations for intrastate communication
Protections for battered immigrant women and children
Alien petitioning rights for immediate relative or second preference status
 Use of credible evidence in spousal waiver applications
 Suspension of deportation
Violence Against Women Act 2000
Strengthening Law Enforcement to Reduce Violence
Full faith and credit enforcement of protection orders.
Dating violence
Strengthening Service to Victims of Violence
Study of workplace effects from violence against women
Study of unemployment compensation for victims of violence against women
Enhancing protections for older and disabled women from domestic violence
Limiting the Effects of Violence on Children
Safe havens for children pilot program
 Reports on effects of parental kidnapping laws in domestic violence cases
Strengthening Education and Training to Combat Violence Against Women
Domestic Violence Task Force
Battered Immigrant Women
Equal access to immigration petitions of Violence Against Women Act 1994 for all qualified battered immigrant
self-petitioners
Access to services and legal representation for battered immigrants
Trafficking Victims Protection Act 2000
Annual country reports on human rights practices
Interagency taskforce to monitor and combat Trafficking
Protection and assistance for victims of trafficking
Minimum standards for the elimination of trafficking
Assistance to foreign countries to meet minimum standards
Strengthening prosecution and punishment of traffickers
Violence Against Women Act 2005
Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women
Stalker database and the prevention of cyber stalking
 Prohibiting violence in special maritime and territorial jurisdiction
Enhancing culturally and linguistically specific services for victims of domestic violence, dating violence, sexual assault
and stalking
Strengthening America’s Families by Preventing Violence
Public Awareness Campaign
Strengthening the Healthcare System’s Response to Violence
Training and education of health care professionals in domestic and sexual violence
 Grants to foster public health responses
Research on effective interventions in the healthcare setting
Housing Opportunities and Safety for Battered Women and Children
Transitional housing assistance grants for victims
Providing Economic Security for Victims of Violence
Grant for a National Resource Center on Workplace Reponses to assist victims
International Marriage Broker Regulation 2005
Access to Violence Against Women Act protection regardless of manner of entry
Domestic violence information and resources for immigrants and regulation of international marriage brokers
Sharing of certain information
VIOLENCE AGAINST WOMEN IN HUMAN RIGHTS LEGISLATION
Arab Charter of Human Rights 2004
League of Arab States
Article 33
1.The family is the natural and fundamental group unit of society; it is based on marriage between
a man and a woman. Men and women of marrying age have the right to marry and to found a
family according to the rules and conditions of marriage. No marriage can take place without the
full and free consent of both parties. The laws in force regulate the rights and duties of the man
and woman as to marriage, during marriage and at its dissolution.
2.The State and society shall ensure the protection of the family, the strengthening of family ties,
the protection of its members and the prohibition of all forms of violence or abuse in the relations
among its members, and particularly against women and children. They shall also ensure the
necessary protection and care for mothers, children, older persons and persons with special needs
and shall provide adolescents and young persons with the best opportunities for physical and
mental development.
VIOLENCE AGAINST WOMEN IN NATIONAL CONSTITUTIONS
Constitution, Iraq
Article 29 (4)
All forms of violence and abuse in the family, school, and society shall be prohibited.
THE LEGAL STATUS OF VIOLENCE AGAINST WOMEN IN THE
ARAB WORLD
Two issues of concern:
1.
LACK OF A COMPREHENSIVE LEGAL FRAMEWORK TO COMBAT VIOLENCE AGAINST WOMEN IN ALL
ITS FORMS IN THE ARAB WORLD.
A. Countries with specific penal code provisions
E.G. BAHRAIN
- Article 316: Adultery
- Article 322: Abortion
- Article 324: Prostitution
- Article 334: Murder of a spouse in the case of adultery
- Article 336: Battery
- Article 344: Rape
E.G. IRAQ:
- Paragraph 41, provides that there is no crime in a case where a person is exercising his right to
discipline his wife.
- Paragraph 377 punishes the adulteress (wife) regardless of the place where the act has been
committed, while the husband is punished for adultery only if he commits the act in the marital
home.
- Paragraph 380 provides for a minor sentence of imprisonment not to exceed one year in cases
where the husband induces his wife to commit adultery.
- Article 409 provides for a short imprisonment sentence not to exceed three years when the husband
murders his wife upon finding her committing the act of adultery
B. Countries with comprehensive laws to combat a particular form of violence against women
E.G. JORDAN: Law on the Prevention Against Domestic Violence 2008
•
•
•
•
Recognizing domestic violence as a crime
Allowing for mediation and arbitration by family members through Family
Reconciliation Committees
Injunction in accordance with protective order
Measures to protect the victim
E.G. TUNISIA: Law No. 73 of 2004 on the Criminalization of Sexual Harassment
C. Countries currently considering a draft law on violence against women
E.G. BAHRAIN: Draft Law on the Protection of Family from Violence
•
•
•
•
•
•
•
A comprehensive definition of what constitutes violence in the family
Protective Measures
•
Medical Care
•
Providing information
•
Elimination of discrimination against women
•
Social integration
Establishment of a National Committee
•
Drafting an Action Plan
•
Attendance at law suits filed on behalf of domestic violence victims
•
Presentation in national and international workshops on combating
violence against women
•
Enhancing public awareness, especially by utilizing the media
Encouragement of research, data collection and information gathering
Providing the victim with legal aid
Protective orders
Recognition of domestic violence as a crime that warrants an enhanced penalty
E.G. SAUDI ARABIA: Draft Law on the Prohibition of Infliction of Harm within the Family
E.G. LEBANON: Draft Law on the Protection of Women Against Domestic Violence
•
•
•
•
•
•
2.
Recognition of violence (physical, sexual, psychological or economic) as a crime
The right of a victim to file a complaint
Police must respond promptly and effectively to a complaint
Removal of victim to a place of refuge or safety
Issuance of a protective order prohibiting the perpetrator from contacting his wife
Establishment of a family court
HARMFUL CUSTOMARY PRACTICES THAT MAY CONSTITUTE A THREAT TO WOMEN’S RIGHTS UNDER
ISLAMIC LAW

RIGHT OF HUSBAND TO DISCIPLINE HIS WIFE

OBLIGATION OF WIFE TO OBEY HUSBAND

EXECUTION OF A MARRIAGE CONTRACT ON BEHALF OF FEMALE

FORCED MARRIAGE

TRANSACTIONAL MARRIAGE

HONOR KILLING
Violence Against Women:
Elements of a Model Law
A THREE ‘P’ APPROACH
Prosecution
Prevention
Protection
PROSECUTION
I. Definition should include all forms
Legislation should:
apply to all forms of violence against women, including but not limited to:
• domestic violence;
• sexual violence, including sexual assault and sexual harassment;
• harmful practices, including early marriage, forced marriage, female genital mutilation, female
infanticide, prenatal sex-selection, virginity testing, HIV/AIDS cleansing, so-called honour crimes, acid
attacks, crimes committed in relation to bride-price and dowry, maltreatment of widows, forced
pregnancy, and trying women for sorcery/witchcraft;
• femicide/feminicide;
• trafficking; and
• sexual slavery; and
 recognize violence against women perpetrated by specific actors, and in specific contexts,
including:
• violence against women in the family;
• violence against women in the community;
• violence against women in conflict situations; and
• violence against women condoned by the State, including violence in police custody and violence
committed by security forces.
Good Practices in Legislation on Violence Against Women (2008)
Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime
II. Serious Penalties for Perpetrators
Violence in the family is an aggravated offense that warrants an enhanced penalty over
other forms of violence (Cyprus, Act on Violence in the Family)
Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women,
Released by the Parliamentary Assembly of the Council of Europe
A person who commits criminal acts as defined in Chapter 3, 4, and 6 against another
person having, or have had, a close relationship to the perpetrator shall, if each of the acts
formed a part of an element in a repeated violation of that person’s integrity and suited to
severely damage that person’s self-confidence, be sentenced for gross violation of integrity
to imprisonment for at least six months and at most six years.
If the acts described in the first paragraph were committed by a man against a woman to
whom he is, or has been, married or with whom he is, or has been cohabiting under
circumstances comparable to marriage, he shall be sentenced for gross violation of a
woman’s integrity to the same punishment. (Sweden, Penal Code, Chapter 4 Section 4a)
III. Enhance Women’s Access to Justice
a. Legal Clinics
Legal clinics—public interest bodies specializing in the provision of legal information, counsel, and
assistance to disadvantaged populations—constitute a highly effective, successful and increasingly
global means of combating the lack of access to justice for marginalized populations throughout the
world
E.G. DOMESTIC VIOLENCE LEGAL CLINIC:
A collaboration between the University of
Oregon School of Law and Lane County
Legal Aid and Advocacy Center
(http://lclac.org/dv.htm)
The Domestic Violence Clinic
provides legal services to victims of
domestic violence and sexual assault.
Third-year law students receive
course instruction about domestic
violence at the University of Oregon
School of Law, and receive law
school credit while representing Legal
Aid clients in court cases involving
restraining orders and stalking orders.
b. Violence against women as the basis for filing an action for divorce
If the respondent has behaved in such a way that the petition cannot reasonably be expected to
live with the respondent, this may be used as one of the grounds for divorce:
The test is twofold:
(a) The first test is unreasonable behaviour. This is an objective test. The court will look at the
behaviour itself and judge whether it is unreasonable.
The sort of conduct that is unreasonable will depend on the circumstances. This does not
necessarily include physical violence. Verbal abuse, threats, insults, nagging, demanding, or
refusing sexual intercourse unreasonably, intimate relationships with others, cruelty and
failure to provide money etc. can amount to unreasonable behaviour. There is no need to prove
that the petitioner intended to inflict misery on the petitioner.
(b) The second test is whether the petitioner can reasonably be expected to live with the
respondent. This is an objective test. The court will look at the history of the marriage as well
as to the personalities of the spouses. A type of behaviour may be reasonable within one
marriage but not within another marriage.
If the parties to a marriage have lived together for a period of six months or more from the last
incident mentioned in the petition, the petitioner will have to explain to the court the reason
why they have continued to live together. If there is a proper explanation, the court will grant a
decree of divorce or judicial separation.
(England & Wales, The Family Law Act 1996)
PREVENTION
I. Raising Public Awareness
a. Incorporating issues of gender equality into human rights curricula
Implementation of integrated prevention measures, including encouraging the communications
media to avoid stereotyped roles that legitimize or encourage domestic and family violence,
public educational campaigns, and emphasis, in educational curricula at all levels, on human
rights and the problem of domestic and family violence against women
(Brazil, Maria da Penha Law, 2006, Article 6)
Good Practices in Legislation on Violence Against Women (2008)
Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime
b. Training the media on covering cases of violence against women
The National Committee established for Combating Domestic Violence shall have the authority
upon a request from the Ministry of Communications to supervise the preparation of TV and
radio programs to provide legal, psychological and social guidance for the purpose of confronting
domestic violence
(Bahrain, Draft Law on Protection of the Family Against Violence, Article 13)
II. Establishing Specialized Mechanisms to Monitor the Implementation of the Law
Creation of an Inter-Agency Council on Violence Against Women and Their Children to
monitor the effectiveness of initiatives to address violence against women and develop
programmes and projects to eliminate such violence.
(Philippines, Anti-Violence against Women and their Children Act (2004), Section 36)
Good Practices in Legislation on Violence Against Women (2008)
Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime
III. Training Law Enforcement
Police training covers violence against women
(Denmark)
Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women,
Released by the Parliamentary Assembly of the Council of Europe
PROTECTION
I. Hotline
The Secretary may award a grant to a private, nonprofit entity to provide for the operation of a
national, toll-free telephone hotline to provide information and assistance to victims of domestic
violence.
(United States, Violence Against Women Act 1994, Sec 316)
II. Safe Houses
The State, through the Government to ensure the creation, installation, operation and maintenance
of public houses to support women victims of violence.
In conjunction with private institutions of social solidarity such as NGOs, the Government will, as
geographically appropriate, promote and support the creation of a nuclei of care for women
victims of violence.
The services provided through the network of public housing and service centers to support
women victims of violence are free.
(Portugal, Law No. 107/99 Creation of Public Houses to Support Women Victims of Violence)
Requirement that shelters be established in municipalities with more than 50,000 inhabitants.
(Turkey, Local Administration Law)
III. Protective Order
A court within 8 hours following the receipt of a complaint shall issue an ex parte restraining order
against an offender.
The ex parte restraining order can be issued in the absence of the offender if the latter cannot be
summoned.
The ex parte restraining order may be issued in the presence of a victim if he/she requests.
The court shall be issue the ex parte restraining order provided the fact of committing an act of
domestic violence in circumstances of a real danger has been attested to by the victim’s complaint,
witnesses’ testimony or/and other evidences.
The court shall dispatch immediately the issued ex parte restraining order to the police of the area
where the offender, victim , and other persons concerned reside.
(Mongolia, Law Against Domestic Violence, 1999, Article 15)
1.
2.
3.
4.
For the purpose of immediate effect (response), protection of the victim and certain restriction
of the abuser’s activities, relevant bodies as a temporary measure may issue a protective or
restrictive order.
A protective order is an act issued by the first instance court judge based on administrative
proceedings, which defines temporary protection measures of victims in cases of domestic
violence, except cases, where the grounds for instituting criminal proceedings exists and the
person is deprived of liberty based on the restrictive measure.
Restrictive order is an act issued by the authorized employee of police, which defines
temporary protection measures of victims in cases of domestic violence and which shall be
submitted to the court for approval within 24 hours.
Failure to comply with the conditions prescribed by protective and restrictive order shall lead
to criminal responsibility of the abuser
(Georgia, Law on the Elimination of Domestic Violence, Protection of and Support to its Victims, Article 10)
IV. Annulment of Tenancy Agreement
In cases of domestic violence, threatening the safety of the victim is now an excuse to annul a
tenancy agreement between the parties
(Canada, Amendment to Article 174 of the Quebec Civil Code)
Handbook for Parliamentarians, Parliaments United in Combating Domestic Violence Against Women,
Released by the Parliamentary Assembly of the Council of Europe
Where a person applies for an occupation order or a tenancy order in respect of a dwelling house,
that person may—
If the Court makes an occupation order or a tenancy order on that application, at any time while that
order remains in force, apply to the Court for an order granting to the applicant the possession and
use of all or any of the furniture, household appliances, and household effects in that dwelling.
(New Zealand, Domestic Violence Act 1995, Law No. 86 (and amendment 1998)
V. Transfer of Work
A civil servant subject to gender based violence may apply to transfer to another unit or locality
(Spain, Amendment to Labor Law, 2005)
VI. Right to Compensation: Mandatory restitution, civil compensation, state fund
The order of restitution under this section shall direct that— the defendant pay to the victim
(through the appropriate court mechanism) the full amount of the victim’s losses as determined
by the court; the United States Attorney enforce the restitution order by all available and
reasonable means.
(United States of America, Violence Against Women Act 1994, §2327)
A special fund for survivors of violent crimes and crimes against sexual freedom established
(Spain, Act Concerning Aid and Assistance to Victims of Violent Crimes and Crimes against
Sexual Freedom (1995))
Good Practices in Legislation on Violence Against Women (2008)
Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime
VII. Granting Immigration Status to Victims
If a girl is at risk of female genital mutilation, she and her family may be granted residence status
(Netherlands, Aliens Act Implementation Guidelines 2003; For the granting of immigration
status see also, United States of America, Violence Against Women Act 1994; Canada,
Immigration and Refugee Protection Act 2002; Sweden, Aliens Act 2005)
Good Practices in Legislation on Violence Against Women (2008)
Released by the UN Division for the Advancement of Women and the UN Office of Drugs and Crime