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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 243
Was committed with the use or threat of a weapon; 659
Resulted in severe physical or psychological harm for
the victim; 660 and
Was committed by a perpetrator who had previously
been convicted of offences of a similar nature. 661
Aggravating circumstance: abuses by professionals in the
context of harmful practices
The Committee on the Rights of the Child and the CEDAW
Committee have made specific reflections on the role of
professionals in reporting harmful practices.
The Committees observed that certain individuals, including
medical professionals and teachers, are well placed to
identify actual or potential victims of violence. Some
individuals may encounter a conflict between rules of
confidentiality and obligations to report suspected offences,
however these conflicts can be overcome by regulations
making it mandatory to report suspected incidents of
violence. 662
Where certain professionals in a position of authority, such
as medical or legal professionals or State employees, abuse
their position in either engaging in or covering up harmful
practices, this should be seen as an aggravating factor for
sentence. In addition to the normal sentencing, such
aggravation could also be subject to the imposition of
additional sanctions, such as suspension of a professional
license or termination of a contract. 663
Limitation of the use of fines as sole sanctions for
domestic violence
Fines, by themselves, are generally not a suitable sentencing
option for domestic violence. Where custodial sentence is not
659
Ibid, Article 46(g).
660
Ibid, Article 46(h).
661
Ibid, Article 46(i).
662
Joint general recommendation, above note 544, paragraphs 49.
663
Ibid, paragraphs 49 and 50.