Domestic Violence Legislation and its Implementation

FOREWORD
DOMESTIC VIOLENCE
LEGISLATION AND ITS IMPLEMENTATION
Violence Against Women, whether in the public sphere or the private space of domesticity, is a
human rights violation. In its General Recommendation 19 the CEDAW Committee states, that the
defi nition of discrimination against women includes gender–based violence, that is “violence that
is disproportionately directed against a woman because she is a woman or that affects women
disproportionately. It includes acts that infl ict physical, mental or sexual harm or suffering, threats of
such acts, coercion and other deprivations of liberty. Gender-based violence may breach specifi c
provisions of the Convention, regardless of whether those provisions expressly mention violence”.
The United Nations and the ASEAN have issued their respective declarations on the elimination
of violence against women. Eight of ten ASEAN countries have legislation on domestic violence. The
phenomenon is however widespread in Asia as in other parts of the world. Legislation that lacks
a comprehensive defi nition of domestic violence, laws that are gender-neutral, that do not clearly
defi ne domestic violence as a human rights violation, that do not judiciously combine penal sanctions
with provisions for reconciliation and that lack provisions for prevention and robust and accessible
remedies, contribute to continued prevalence. Tardiness in legal implementation and a lack of
accountability are the other major reasons for the pervasiveness of domestic violence. This is often
grounded in gendered mindsets – for example, the idea that women need to be disciplined if they
transgress traditional boundaries, or that domestic violence is a private family concern perpetrated
by non state actors and is consequently beyond the purview of state responsibility. The inadequate
recognition of domestic violence as a human rights violation has slowed down state action on de jure
obligations under CEDAW and other international instruments.
Ending violence against women is one of the thematic priorities of the UN Entity for Gender
Equality and the Empowerment of Women (UN Women). UN Women builds on the support that
the United Nations Development Fund for Women (UNIFEM), now part of UN Women, has been
providing to state parties and civil society organizations in East and Southeast Asia to formulate
and advocate for legislations on domestic violence. UN Women will also continue to support efforts
to provide protection and remedies to the survivors and to strengthen governments’ capacity to
respond to and prevent domestic violence.
These research papers - International Standards on Domestic Violence Legislation and Overview
of Global Good Practices on Domestic Violence Response Systems, prepared by the Lawyers
Collective Women’s Rights Initiative, India, and contained in this publication, contribute strongly to
the enhancement of domestic legislation in the ASEAN region. Drawing on international standards
and good practice globally, they not only provide a rich analysis of existing legislation, but a robust
framework to enhance the gender responsiveness of legislation and its implementation.
Moni Pizani
Representative and Regional Programme Director
UN Women East and Southeast Asia Regional Offi ce
Bangkok
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