Domestic Violence Legislation and its Implementation

INTERNATIONAL STANDARDS
ON DOMESTIC VIOLENCE LEGISLATION
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criteria based on these standards have been used to analyse domestic violence legislation in
ASEAN countries:
1. Does the country treat domestic violence as a violation of human rights, and in this respect
does the law itself refer to international instruments like CEDAW? Is domestic violence
regarded as a form of discrimination against women? Is the law gender-specifi c?
2. How is domestic violence defi ned?
3. What is the coverage of the law (i.e. the nature of relationships covered)?
4. What form of legislation has been adopted – civil or criminal law or a mix of both?
5. What mechanisms and procedures have been implemented to ensure access to reliefs
and alternative dispute mechanisms?
6. Does the law facilitate access to support services that women may require at the pre
and post-litigation stages? Is a multi-agency response built into the law?
7. Does the law have specifi c provisions for counselling for either or both parties towards
prevention of future violence or is the emphasis on settlement/mediation/reconciliation?
8. Is the state mandated to provide training to implementing agencies, service providers
and others and create public awareness?
9. Is monitoring and evaluation of effectiveness/impact built into the law?
A COMMITMENT TO EQUALITY
All countries in ASEAN have either acceded to or ratifi ed CEDAW; hence, they are obligated
to treat domestic violence as a violation of human rights. The ASEAN DEVAW also recognizes
violence against women as violating and impairing human rights, and mandates states to “enact
and, where necessary, reinforce or amend domestic legislation to prevent violence against
women, to enhance the protection, healing, recovery and reintegration of victims/survivors,
including measures to investigate, prosecute, punish and where appropriate rehabilitate
perpetrators, and prevent re-victimization of women and girls subjected to any form of violence,
whether in the home, the workplace, the community or society or in custody”. 19 To that extent,
they can be said be approaching domestic violence as a violation of the right to equality. The
challenge is to translate these international standards and goals into domestic legislation.
In this context, eight out of the ten ASEAN countries have enacted special laws and
provisions on domestic violence. 20 The countries that do not have any specifi c domestic
violence laws are Brunei Darussalam and Myanmar. The fi rst country to legislate on this issue
19 Article 4.
20 Cambodia- “Law on the Prevention of Domestic Violence and the Protection of Victims” 2005; Indonesia- “Law of the Republic of
Indonesia Number 23 of Year 2004 regarding Elimination of Violence in Household” 2004; Lao PDR- “Law on Development and
Protection of Women”, 2004; Malaysia “Domestic Violence Act 1994 (Act 521)”; Philippines- “Anti-Violence Against Women and Their
Children Act”, 2004; Singapore Women’s Charter; Thailand- “Act on Protection of Victims of Domestic Violence”, 2007; Vietnam-
“Law on Domestic Violence Prevention and Control”, 2007.