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

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190 PRACTITIONERS GUIDE No. 12<br />

as a repeat offence, comprising of various forms of violence<br />

over time. 510<br />

The UN Handbook for Legislation on Violence against Women<br />

recommends that domestic violence should be criminalized, and<br />

legislation should include “a comprehensive definition of [the<br />

crime of] domestic violence, including physical, sexual,<br />

psychological and economic violence”. 511<br />

Psychological violence<br />

Psychological forms of violence, particularly in the context of<br />

family or intimate partner violence, are not only harmful in<br />

themselves and should therefore be criminalized, but also<br />

function <strong>to</strong> make women more at risk of other forms of genderbased<br />

violence.<br />

Examples of psychological violence are numerous and varied,<br />

but typical forms include:<br />

<br />

<br />

<br />

Restricting a woman’s contact with friends or family,<br />

isolating her and making it harder for her <strong>to</strong> seek help;<br />

Following a woman’s movements, forcing her <strong>to</strong> explain<br />

where she is at all times;<br />

Intruding on a woman’s personal correspondence,<br />

mobile phone or internet use, which may be motivated,<br />

for example, by jealousy or suspicions of infidelity;<br />

510<br />

Sylvia Walby, “Tackling the gaps in research and the lack of data<br />

disaggregated by sex concerning women’s equal access <strong>to</strong> <strong>justice</strong>”,<br />

Seminar of the Council of Europe Gender Equality Commission, Paris,<br />

France, 26 and 27 June 2014, URL: www.coe.int/equality-Paris2014:<br />

Identifying domestic violence as a repeat offence is particularly<br />

important for the purposes of tracking data on domestic violence,<br />

because if the “course of conduct” of multiple acts of harms by male<br />

perpetra<strong>to</strong>rs is not reflected, perceptions of one violent offender will<br />

be balanced by one act of self-defence by a victim, resulting in a false<br />

perception of symmetry between men and women’s violence in violent<br />

relationships.<br />

511<br />

UN Handbook for Legislation on Violence against Women (New<br />

York: Department of Economic and Social Affairs, 2010), page 24. See<br />

also Istanbul Convention, above note 509, Article 3(b).

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