Domestic Violence Legislation and its Implementation

EXECUTIVE SUMMARY
VIII
7. The UN Declaration on the Elimination of Violence Against Women of 1993 also states that
“violence against women constitutes a violation of the rights and fundamental freedoms of
women and impairs or nullifi es their enjoyment of those rights and freedoms, and concerned
about the long-standing failure to protect and promote those rights and freedoms in the case
of violence against women”. ASEAN countries adopted the Declaration on the Elimination
of Violence in the ASEAN region in 2004. This instrument recognizes “that violence against
women both violates and impairs their human rights and fundamental freedoms, limits their
access to and control of resources and activities and impedes the full development of their
potential”.
8. Under CEDAW obligations, States parties should take legal (criminal and civil remedies) and
other measures to prevent further acts of violence and provide services to survivors (such as
refuge, counselling and medical assistance). States may also implement broader preventive
measures, such as public information and education programmes, to eliminate domestic
violence. The civil remedies adopted by different countries include injunctive orders, such as
‘stop violence’ or ‘non-molestation’ orders aimed to prevent future acts of violence; remedial
orders, which take into account medical expenses, damages to property, impact on mental
health; and, among others, custody orders and orders for maintenance or fi nancial support.
The criminal remedies that recognise domestic violence as an offence include mandatory arrest
and ‘no drop’ prosecution policies, and measures to encourage survivor participation in criminal
proceedings, such as the implementation of witness protection programmes. In addition to civil
and criminal remedies, some countries have introduced other legal devices, such as tort action
and judicial decisions on Battered Women’s Syndrome.
9. As demonstrated in General Recommendation 19, the notion of discrimination under CEDAW
is not restricted to States’ action, but also includes gender-based violence perpetrated by
non-State actors.
10. The UN Special Rapporteur on Violence against Women recommended “A Framework for Model
Legislation on Domestic Violence”, 1996 (UN Model Code), which provides valuable guidance
on the provisions that should be included in domestic violence legislation. These laws should:
1) comply with international standards sanctioning domestic violence; 2) recognize domestic
violence as gender-specifi c violence directed against women, occurring within the family and
within interpersonal relationships; 3) recognize that domestic violence constitutes a serious
crime against the individual and society; 4) create a wide range of fl exible and speedy remedies;
5) assure survivors the maximum protection; 6) establish departments, programmes, services,
protocols and duties to aid survivors; 7) facilitate enforcement of the criminal laws by deterring
and punishing violence against women; 8) enumerate and provide by law comprehensive
support services; 9) expand the ability of law enforcement offi cers to assist complainants and to
enforce the law effectively in cases of domestic violence and to prevent further abuses; 10) train
judges to be aware of the issue; 11) provide for and train counsellors to support police, judges
and the survivors of domestic violence and to rehabilitate perpetrators of domestic violence;
and 12) develop greater understanding within the community of the incidence and causes of
domestic violence and encourage community participation in eradicating domestic violence.