Domestic Violence Legislation and its Implementation

Specifi c recommendations
Aims and Objectives of the Law
DOMESTIC VIOLENCE
LEGISLATION AND ITS IMPLEMENTATION
• It is advisable that a law on domestic violence clearly recognizes it as a breach of
human rights, particularly the right to equality and the right to life. The UN Model
Code recommends the recognition of domestic violence as a “gender-specifi c”
form of violence “directed against women, occurring within the family and within
interpersonal relationships”. Referring to international treaties and law in the statement
of objectives and purposes will allow for the incorporation of principles contained
therein at the time of judicial decision making.
Defi nition of “Domestic Violence”
• The inclusion of an elaborate and comprehensive defi nition of “domestic violence”
will take into account the various forms of violence faced by women and its impact
on physical and mental health as well as economic status. It will also limit the scope
of judicial discretion when deciding whether domestic violence has taken place. The
most comprehensive defi nition of domestic violence can be found in the Philippine
law.
• Inclusion of specifi c cultural manifestations of violence is highly recommended.
• It is advisable that guidelines are issued to aid competent authorities in determining
whether violence is serious/grave or non-serious/minor in nature. Such guidelines
should conform to international standards and norms. Adoption of such guidelines
shall guard against individual biases and patriarchal norms infl uencing judicial as well
as quasi-judicial decision making processes.
Coverage of the Law
• All relationships in the shared residence should be included within the ambit of the
domestic violence law. This requires a clear listing of the nature of relationships
covered, including all relationships of dependency as well as a defi nition of the shared
residence to provide a reference for such relationships.
• The inclusion of domestic workers within the ambit of the law has been recommended
by the UN Model Code. Only the Indonesian law has specifi cally included this.
Complaints Mechanism
• The complaints mechanisms adopted by countries should be easily accessible to
survivors of violence. The mechanisms that have been put in place should allow for
the provision of immediate protection to the complainant as well as ensuring their
access to other support services. The objective of pre-litigation measures should be
to immediately put an end to the violence and assess the needs of the complainant
before initiating any further actions.
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