Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

180 PRACTITIONERS GUIDE No. 12
Breaches of orders must be criminalized. In countries where
legislation does not criminalize the violation of a civil protection
order, “prosecutors and police have expressed frustration about
their inability to arrest the perpetrator”. 493
As women seek protection through enforcement of protection
orders, police should treat them in a dignified manner that
respects their rights. For example, in the case of Lenehan
(Gonzales) v USA, a mother feared for the safety of her
children who had been taken by their father outside the normal
visiting regime. When she sought enforcement of her protection
order, she was patronized and treated dismissively by police.
The Inter-American Commission identified this unprofessional
and discriminatory behaviour as a form of “mistreatment…
[that] results in a mistrust that the State structure can really
protect women and girl-children from harm, which reproduces
the social tolerance toward these acts. The Commission also
underscores the internationally-recognized principle that law
enforcement officials shall respect and protect human dignity
and maintain and uphold the human rights of all persons in the
performance of their duties.” 494 The Commission reiterated that
State inaction in cases of violence against women and
indifference towards women subjected to violence creates an
environment that tacitly condones and promotes further acts of
violence and impunity by perpetrators who perceive a State’s
unwillingness to engage with the issue. 495
Access to legal assistance and courts that can
comprehensively deal with a variety of issues
Women subjected to violence, particularly domestic violence,
tend to have complex and inter-related legal concerns, for
example, divorce and child contact (family law), access to
493
UN Handbook for Legislation on Violence against Women, above
note 380, page 50.
494
Lenehan (Gonzales) v USA, above note 479, paragraph 167.
495
Ibid, paragraph 168 (citing Maria da Penha v Brazil, Inter-American
Commission on Human Rights, Case No 12.051, Report No 54/01 (16
April 2001), paragraph 56). Maria da Penha v Brazil was also cited in
Opuz v Turkey, above note 471, paragraph 86.