Seite 1 VIOLENCE AGAINST WOMEN DISTRICT 29 LAA COMMITTEE REPORT 2011.
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Transcript of Seite 1 VIOLENCE AGAINST WOMEN DISTRICT 29 LAA COMMITTEE REPORT 2011.
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VIOLENCE AGAINST WOMEN
DISTRICT 29LAA COMMITTEE REPORT 2011
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JUDITH ELTENBERG ZC ROTTERDAM
INES CHAMARRO STORMS ZC MADRID KM 0
GUDRUN ENGELS ZC ESSEN
ANNA HUMMEL ZC GUILDFORD
GUILAINE RICHEFORT ZC TOURS
OLGA ROLLE ZC ST PETERSBURG
LAA COMMITTEE
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“Violence against women is a manifestation of historically unequal power relationships between men and women.”
“Violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”
(UN Declaration on the Elimination of VAW)
VIOLENCE AGAINST WOMEN: A DEFINITION
SOME FIGURES
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SOME FIGURES
In Russia
over 14,000 women
are estimated to die every year
at the hands of a partner or family member
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SOME FIGURES (2)
In the United Kingdom
50% of murdered women
are killed by a partner
(vs only 5% of murdered men)
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SOME FIGURES (3)
20-25%
of German women
will suffer physical or sexual violence
during their lifetime
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SOME FIGURES (4)
France
registered 650,000 complaints
of sexual violence
in 2009
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SOME FIGURES (5)
In Spain
only 8.5% of VAW procedures
are started by the victim
Over 90% of VAW cases are reported
by doctors or police
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SOME FIGURES (6)
In The Netherlands
60% of the victims of domestic violence is women
In 2010 14 women got killed as a result of domestic violence
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1) UNITED NATIONS
INTERNATIONAL RESPONSE
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1975 International Women's Year : First World Conference on Women held in Vienna
The process begins to bring women into decision-making at all levels
1995 Fourth World Conference on Women held in Beijing
VAW is named as one out of 12 “critical areas of concern” in the situation of women around the world
UNITED NATIONS
UNITED NATIONS (2)
Definition of VAW (Beijing Conference)
Any act of gender-based violence
that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or private life.
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UNITED NATIONS (3)
Accordingly, VAW encompasses (but is not limited to) the following:
Physical, sexual and psychological violence occurring in the family, including
battering
sexual abuse of female children
dowry-related violence
marital rape
female genital mutilation
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UNITED NATIONS (4)
Physical, sexual and psychological violence occurring within the general community, including
rape
sexual abuse
sexual harassment
intimidation at work, in educational institutions and elsewhere
trafficking in women
forced prostitutionSeite 15
UNITED NATIONS (4)
Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.
Violation of the human rights of women in situations of armed conflict, in particular:
murder
systematic rape
sexual slavery
forced pregnancy.
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UNITED NATIONS (5)
Reproductive violence:
Forced sterilization Forced abortion
coercive/forced use of contraceptives
female infanticide
prenatal sex selection.
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2) EUROPEAN UNION
INTERNATIONAL RESPONSE
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The elimination of VAW is a priority area of the European Commission, expressed through
the Women’s Charter adopted in March 2010 and The Strategy for equality between women and men adopted in
September 2010.
The European Union promotes the erradication of VAW through
funding support awareness-raising activities the promotion of exchanges of good practices.
EUROPEAN UNION
In Europe
1) HOW COUNTRIES DEFINE VAW (CRIMINAL CODES)
NATIONAL RESPONSES
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TYPE OF VIOLENCE
SPAIN
NETHERL.
GERMANY
FRANCE UNITED KINGDO
M
RUSSIAN FED.
Physical
•Homicide •Rape •Sexual abuse •Mutilation •Lesser violence Administra
tive offence
Psychological
•Threats/Abuse ?•Sex. Harassment
Honour-related VAW
?
Reproductive ?
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TYPE OF VIOLENCE
SPAIN NETHERL. GERMANY
FRANCE UNITED KINGDO
M
RUSSIAN FED.
Women trafficking
Forced prostitution
?
Forced marriage ?Dowry-related VAW
N/A ?
2) NATIONAL LEGISLATION
NATIONAL RESPONSES
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United Kingdom
1971 First Refuge Act1976 Domestic Violence Bill Spain
1978 Constitution: equality, right to life and physical and moral integrity
NATIONAL LEGISLATION
First wave: the 70s
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Spain
1995 Penal Code
Law for assistance to victims of violence and sexual crimes
Germany
1996 Wohnungsverweisung und Rückkehrverbot zum Schutz vor häuslicher Gewalt”
United Kingdom
1996 Family Law Act
1997 Sex Offenders Act
NATIONAL LEGISLATION (2)
Second wave: the 90s
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Germany
2002 Protection from Violence Act (“Gewaltschutzgesetz“)
2005 Gesetzliches Verbot der Zwangsehe in § 240 (Nötigung)
Spain
2003 Law on protection of victims of domestic violence
2003 Amendment of Penal Code
2004 Gender Violence Law
Netherlands2003 Domestic Violence Decree (Aanwijzing Huiselijk Geweld) 2009 Law for Temporary Restraining Order (Wet Tijdelijk
Huisverbod)
NATIONAL LEGISLATION (3)
Third wave: the 2000s
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United Kingdom
2004 Crimes and Victims Act
France
2004 Eviction of the violent partner in case of divorce2006 Aggravation of violence committed by non-married and ex-partners2007 Law allowing psychological treatment of violent partners2010 Law against Family Violence2011 1st interministerial Plan against VAW (2011-2013)
NATIONAL LEGISLATION (4)
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The Russian Federation lacks a law specifically prohibiting domestic violence.
• The Criminal Code prohibits rape and sexual assault in general terms.
• Less serious VAW incidents are treated as administrative violations.
Russian law does not specifically prohibit sexual harassment.
The Criminal Code prohibits (since 2003) human trafficking and the use of slave labor, but there is no comprehensive program to prevent human trafficking.
NATIONAL LEGISLATION (5)Special case: the Russian Federation
HOW THE LEGISLATION WORKS IN REAL LIFE
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TWO VOICES
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IN THE EUROPEAN UNION
PROCEDURE AND VICTIM RIGHTS
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PROCEDURE AND VICTIM RIGHTS
1) Victim suffers violence
The victim can report the violence to the police or to the courts
Police or doctors intervening may also report the case to the courts
The case then goes ahead whether the victim presses charges or not
Exception: in France the victim must press charges or the case is dropped.
Important: in physical violence evidence must be preserved (medical certificate, pictures taken by police, etc.)
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PROCEDURE AND VICTIM RIGHTS (2)
2) Interim measures
An order forbidding the aggressor to approach the victim may be issued
in the Netherlands: by the mayorin Germany: by the policeother countries: by the court
Other possible measures:
Temporary custody (rare)Aggressor banned from homeElectronic tagging
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PROCEDURE AND VICTIM RIGHTS (3)
3) Help to victims
Given by the State, social services or specialized associations:
Legal advice (free if victim is without means)Women’s shelters (if victim flees from aggressor)Medical and psychological carePreference for social housing (Spain/Netherlands)Economic help (Spain)Retraining programs to allow the victim access to employment (Spain)Labour rights (change work center or work times, etc.) (Spain)
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PROCEDURE AND VICTIM RIGHTS (4)
4) Court procedure
After investigation the violence will be tried by a specialized penal court and the aggressor condemned to either
Imprisonment (rare)Community work/Violence prevention courses Fine
A civil procedure may occur simultaneously to decide
Indemnification to victimDivorceChildren custody and alimony provisions
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PROCEDURE AND VICTIM RIGHTS (5)
Problems:
Most reported cases are physical violence. Psychological violence is rarely punished because unreported.
The victim is usually the main witness. If the victim does not press charges or refuses to testify the case often collapses.
% of victims filing for divorce is small (10-15% in Spain). Therefore most go back to living with the aggressor.
Courts and public prosecutors are not consistent in their behaviour in application of the laws, leading to insecurity for victims.
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THEORIES AND MISCONCEPTIONS
WHY DOES ALL THIS
HAPPEN?
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MISCONCEPTIONS
• Men who batter women are mentally ill
• Violence is a loss of control problem
• “Learned helplessness” Battered women accept the situation and do not defend
themselves
• “Family conflict” model Both partners contribute to the violence
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CURRENT UNDERSTANDING
VAW is a learned behavior that a male engages in to establish and maintain power and control over his partner.
Violence is learned through exposure to social values and beliefs regarding the appropriate roles of men and women. Violent behavior is reinforced when peers and authorities fail to sanction batterers for using violence.
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CURRENT UNDERSTANDING (2)
It is critical that all members of a community share a common understanding about VAW and its causes.
Therefore education should be a primary concern:
Awareness-raising in the general population through media campaigns
Education throughout school and university
Training for intervening professionals
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WHAT CAN ZONTA DO?
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ZONTA INTERNATIONAL
ZISVAW Program
• Supports prevention and advocacy strategies locally and internationally.
• Awards grants to United Nations agencies or recognized NGOs for projects that seek to change personal and/or political knowledge, attitudes and behavior contributing to gender-based violence.
More than $2 million donated since 1999
• Increases awareness and actions related to preventing violence against women by encouraging Zonta club involvement in local and national advocacy initiatives and service projects.
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Zonta District 29:
Area directors’ reports
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LAA OPPORTUNITIES
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LAA OPPORTUNITIES
Legal awareness
• means educating yourself about the ‘division of powers’ in your country – that is, what each level of government is responsible for
• know the process by which laws are created at the local, regional and national level of government
• know how to have laws repealed or changed, how to prepare submissions for parliamentary inquiries or reviews, and how to present a logical, comprehensive case to support your views/arguments for or against it
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LAA: DISTRICT LEVEL
The District 29 LAA Committee tries its best to contribute to law awareness throughout the District:
Newsletters
Reports
Lectures to Area and Club meetings
Clubs should also appoint their own LAA committees in order to keep up to date with legal developments in your country
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Advocacy
Advocacy is the expression of support for or opposition to a cause, argument or proposal.
Advocacy may include influencing laws, legislation or attitudes.
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Advocacy
Plan your advocacy activity:
• Choose an issue that promotes the status of women
- education health
- legal social
- economic human rights
• Use the SCORE CARD and the Advocacy Framework which links Zonta’s Objects to CEDAW Articles (See ZI Website – LAA page)
• Ensure that the Club/District is in agreement about the issue as one suitable for Zonta advocacy
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Advocacy (2)
• Know your issue (high level of expertise required)
• Establish your objectives
• Conduct a stakeholder analysis to identify opposition
• Develop a strategy
• Identify and mobilise required resources
• Monitor and evaluate the progress
• Avoid conflicts of interest at all times
• Conduct advocacy in an ethical manner
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Advocacy (3)
And remember:
•no-one other than the International President/International Board can sign on behalf of Zonta International
•Club Presidents can only sign on behalf of club if a motion is passed by a majority of members at a club meeting. (Club Boards of Directors cannot make policy/pass motions or take action binding a club).
•On advocacy matters to be decided by the club, advance notice of discussion should be given (agenda items) and any papers distributed to all members before any vote is taken.
•Governors, clubs, individuals should only advocate on matters pertaining to their own jurisdictions. Concerns re matters in other countries should be referred to the Chairman of the United Nations Committee.
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LEGISLATIVE AWARENESS & ADVOCACY
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THANK YOU