Domestic Violence Legislation and its Implementation

TABLE OF CONTENTS
DOMESTIC VIOLENCE
LEGISLATION AND ITS IMPLEMENTATION
FOREWORD III
ACKNOWLEDGMENTS IV
EXECUTIVE SUMMARY VII
INTRODUCTION XV
PART I INTERNATIONAL STANDARDS ON DOMESTIC VIOLENCE LEGISLATION 1
EQUALITY PROVISIONS IN INTERNATIONAL LAW 1
CEDAW AND ASEAN COUNTRIES 2
DOMESTIC VIOLENCE AS A VIOLATION OF HUMAN RIGHTS 3
STANDARDS OF STATE OBLIGATIONS TO PREVENT AND REMEDY DOMESTIC VIOLENCE 4
1. Legal frameworks 6
2. Legal measures 8
2.1 Civil remedies 8
a. Injunctive orders 8
b. Remedial orders 8
c. Other orders 9
2.2 Criminal remedies 9
a. Criminal provisions deeming domestic violence as an offence 9
b. Mandatory arrest and “no drop” prosecution policies 9
c. Measures to encourage complainant participation in criminal
proceedings
9
2.3 Other legal devices 10
3. Non-legal measures 10
3.1 Provision of services 10
3.2 Training and capacity building 11
3.3 Awareness raising and education 11
3.4 Need for a comprehensive response to domestic violence 11
ANALYSIS OF DOMESTIC VIOLENCE LEGISLATION IN THE ASEAN REGION 12
A COMMITMENT TO EQUALITY 13
1. Intent of domestic violence laws 14
2. Gender-neutrality and its implications 15
3. Infl uence of culture and religion 16
DEFINITION OF DOMESTIC VIOLENCE 17
COVERAGE OF THE LAW 18
PROVISION OF CRIMINAL AND CIVIL REMEDIES 19
ACCESS TO RELIEFS 21
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