Domestic Violence Legislation and its Implementation

INTERNATIONAL STANDARDS
ON DOMESTIC VIOLENCE LEGISLATION
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ACCESS TO RELIEFS
“Equal protection”, guaranteed under most constitutions and international instruments, includes
the guarantee of the right to access to justice. This is a substantive right towards realizing the
right to equal protection of laws. This interpretation is borne out by Article 2 of the ICCPR,
which mandates state parties to “take the necessary steps, in accordance with its constitutional
processes and with the provisions of the (ICCPR), to adopt such laws or other measures as
may be necessary to give effect to the rights recognized…”
ASEAN countries have adopted different mechanisms to guarantee the right to access to
justice. This can be broadly divided into:
1) Pre-litigation intervention;
2) Access to assisted alternative dispute processes and litigation proceedings; and
3) Measures to ensure obtaining orders and compliance.
1. Pre-litigation intervention
At the pre-litigation stage, it is essential to take immediate steps to prevent further acts
of violence, inform complainants of their rights and remedies available under the law,
and facilitate the complainant’s access to immediate reliefs and court processes. In
appropriate cases, mediation between the parties may be undertaken to resolve the dispute.
Emergency intervention
Some ASEAN countries include provisions in their laws that allow authorities to intervene on
an urgent basis to provide protection to survivors of violence. This intervention can take place
before initiating court proceedings to obtain protection orders. Cambodia designates legally
qualifi ed judicial offi cers from the Ministry of Women Affairs. 73 Judicial Offi cers and other
competent authorities can intervene and take measures to secure the safety of the survivor. 74
These measures include seizing of weapons, moving perpetrators from the scene or offering
appropriate assistance to the survivors, such as temporary shelter or urgent medical attention.
Malaysia appoints Enforcement Offi cers 75 who have the duty of assisting survivors by removing
them to alternate accommodation, arranging transportation to access medical assistance
or shelter, or retrieving personal belongings from the residence. 76 In Vietnam the police, the
Commune People’s Committee and community leaders are given the responsibility of taking
prevention and protection measures as soon as they receive information of a complaint. 77
73 Article 10 of the Cambodian law.
74 Article 13 of the Cambodian law.
75 Section 2 of the Malaysian law.
76 Section 19 of the Malaysian law.
77 Article 18 of the Vietnam law.