Johanna Westeson - The ICHRP

charge (Art 14). The court issues the protection order if there is “sufficient basis to believe
that the respondent may commit an act of family violence” and if the order is necessary to
protect the security, health and well being of the victim (Art 17). A carefully designed
judicial procedure is set up to guarantee due process in the issuance and administration of
the orders, including the right to appeal.
In conclusion, Albania has set up a law that both recognizes the complexity of the
phenomenon of intimate partner violence and establishes a model by which the state can
effectively respond to the problem, while maintaining due process guarantees for the
alleged perpetrator.
In the United Kingdom, legislation and policy address the problem of domestic and
intimate partner violence with a focus on victim’s rights, employing a wide definition of
who a victim may be and specifically including same-sex partners in this definition. Focus
has been placed on different kinds of judicial orders that can be issued by courts in order to
restrict the agency of the perpetrator and expand the agency of the victim or potential
victim.
Domestic and intimate partner violence is addressed by several pieces of criminal and civil
legislation, including the Offences Against the Persons Act 1861, the Family Law Act
1996 and the Protection from Harassment Act 1997. In 2004, these laws were
complemented by the Domestic Violence, Crime and Victims Act 2004. The relevant
legislation does not contain a definition of domestic violence. According to the United
Kingdom Home Office, however, domestic violence should be understood as
any threatening behaviour, violence or abuse between adults who are or have been in a
relationship, or between family members. It can affect anybody, regardless of their gender
or sexuality. The violence can be psychological, physical, sexual or emotional. It
can include honour based violence, female genital mutilation, and forced marriage. 500
The 2004 Act reinforces the rights of victims and witnesses of domestic violence. It
amends existing legislation to make the breach of a non-molestation order a criminal
offense (Section 1), 501 and to make same-sex and non-cohabiting partners eligible for nonmolestation
and occupation orders (Section 3 and 4). 502 A non-molestation order prohibits
“a person (the respondent) from molesting another person who is associated with the
respondent,” 503 the application for which can be made by the “associated person” (that is,
the victim or potential victim of violence or harassment) to the court. In determining
whether to issue a non-molestation order, the court must regard all relevant circumstances,
including the need to secure the health, safety and well being of the applicant or any
relevant child. 504 An occupation order can enforce the applicant’s right to remain in the
common dwelling against the respondent, in practice preventing a violent partner from
staying in the shared home. 505 Furthermore, the 2004 Act makes it possible to impose
restraining orders (preventing the recipient from doing anything specified by the order) on
500 According to UK Home Office, at http://www.homeoffice.gov.uk/crime-victims/reducing-crime/domesticviolence/.
Last visited on 6 May 2010.
501 Amending Part 4 of the Family Law Act 1996 (c. 27).
502 Amending Part 4 of the Family Law Act 1996 (c. 27).
503 Section 42(1)(a), Family Law Act 1996 (c. 27).
504 Section 42(5), Family Law Act 1996 (c. 27).
505 Sections 33-41, Family Law Act 1996 (c. 27).
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