Domestic Violence Legislation and its Implementation

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INTERNATIONAL STANDARDS ON DOMESTIC VIOLENCE LEGISLATION 11 In emergency situations, 72 hour crisis intervention services include immediate transportation to a medical centre or shelter, immediate medical attention, legal counselling and referrals, crisis counselling and assurance of safety. Non-emergency services aiming at the long-term rehabilitation of survivors must include counselling, job training and referrals. It is important to note that the counselling for survivors of violence must aim to empower them, be provided free of charge and should not be mandatory. Counselling for perpetrators must be mandated as supplementary to the criminal justice sanction. 3.2 Training and capacity building Training and capacity building of public offi cials such as police, prosecutors, judges, counsellors, and social workers must be mandated by the law. The training must equip those who have duties to implement the domestic violence laws with “in-depth understanding of such legislation” and the ability to implement it “in an appropriate and gender sensitive manner”. 18 The training must be institutionalized and carried out on a regular or ongoing basis. Institutions are obliged to develop regulations, protocols, guidelines, instructions, directives and standards for the comprehensive and timely implementation of legislation. The training curricula for staff and offi cers must also include these guidelines and other documents on how to handle cases of domestic violence within the scope of their duties. 3.3 Awareness raising and education Public awareness raising programmes on the root causes of violence against women, women’s human rights, gender equality and the right to a life free from violence are an important part of effective prevention. Such programmes can be carried out through general campaigns targeting the population at large or campaigns designed for targeted audiences on the specifi c laws addressing domestic violence. Compulsory education on the human rights of women and girls at all levels of school is also important. Media personnel and journalists must be also sensitized on gender equality so that they avoid derogatory stereotypes and promote women’s rights to be free from violence. Laws on domestic violence should include provisions on awareness raising and education. 3.4 Need for a comprehensive response to domestic violence Domestic violence raises broader issues of equality. Therefore, implementing domestic violence legislation alone will not eliminate violence. There must be simultaneous efforts to promote women’s equality in all spheres. In order to ensure the effective implementation of laws relating to domestic violence there should be a coordinated response from all agencies that targets the root causes of domestic violence. 18 Report of the expert group meeting Good Practices in Legislation on Violence Against Women, 2008, pp 18-21, available at http:// www.un.org/womenwatch/daw/egm/vaw_legislation_2008/vaw_legislation_2008.htm. Accessed on 22 May 2009.
DOMESTIC VIOLENCE LEGISLATION AND ITS IMPLEMENTATION Equally important is the regular monitoring and review of the manner in which the law is being implemented. Monitoring should be done through data collection and empirical studies to assess whether systems and laws put in place effectively comply with objectives of prevention and control. Domestic violence legislation must designate an agency for the coordination of implementation as well an agency for effective monitoring of implementation. Box 3: Coordinated response system to domestic violence Criminal deterrence and additional legal devices Education and public awareness, e.g. community education programs, trainings for state agencies: judiciary, police and service providers Civil remedies and additional legal devices Coordinated response system Provision of support services, e.g. counselling, services, medical aid and shelter services National action plans, policies and protocols Monitoring implementation of laws, e.g. data collection, empirical studies A detailed description of the elements of a comprehensive response to domestic violence is explained in Paper 2, Overview of Global Good Practices in Domestic Violence Response Systems. Paper 2 will provide examples of good practices that have sought to actualise the response system outlined in the box above. ANALYSIS OF DOMESTIC VIOLENCE LEGISLATION IN THE ASEAN REGION The recommended Framework for Model Legislation on Domestic Violence 1996 (UN Model Code) from the UN Special Rapporteur on violence against women, its causes and consequences, provides valuable guidance on the provisions that should be included in domestic violence legislation (see Box 2: The Purpose of Domestic Violence Legislation as per the UN Framework for Model Legislation). Any analysis of domestic violence legislation should therefore be made with reference to these international standards. In this paper the following 12
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