Violence Against Women in South Africa

2012 ◽  
Vol 18 (5) ◽  
pp. 580-594 ◽  
Author(s):  
Ramadimetja S. Mogale ◽  
Kathy Kovacs Burns ◽  
Solina Richter
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Sexual Offense ◽  
The Government ◽  
Forms Of Violence

Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.

scholarly journals PREVENTION OF DOMESTIC VIOLENCE IN THE REPUBLIC OF SERBIA

2019 ◽  
Vol 26 (6) ◽  
pp. 1777-1782
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
International Standards ◽  
Vulnerable Groups ◽  
The European Union ◽  
Council Of Europe ◽  
The Republic ◽  
The Government ◽  
Forms Of Violence

Domestic violence, not only in the Republic of Serbia but in other legal systems as well, is a dangerous criminal offence amongst crime violence which is going on between close relatives. Therefore, in addition to the system of criminal sanctions, various measures of preventive characters are applied more and more often against persons committing violence, in prevention of this dangerous social evil. Their goal is to prevent domestic violence in general or its recommission. Similar situation is in the Republic of Serbia where a special law has been applied since 2016.With the aim of taking organized and systematic activities of different social subjects, especially state organs to prevent and combat (repress) domestic violence or violence in relationships in the Republic of Serbia, the Government of the Republic of Serbia adopted in 2011 a “National strategy to prevent and combat violence over women in families and relationships”. This strategy is an expression of the RS Government’s resoluteness to protect women from domestic violence and relationships in advance, complying with international standards and acts on the protection of fundamental human rights - by providing support to all the subjects in their activities to prevent and combat these forms of violence. This way, the Strategy encourages application of international and domestic legal norms and standards protecting human rights, promoting gender equality and prohibiting any form of domestic or relationship violence against women, as form of violence which mostly affects women. This Strategy confirms inclusion of the Republic of Serbia into joint activities of the Council of Europe and the European Union, having the aim to raise social consciousness about the problem of domestic violence against women and forming of realistic assumptions for efficient prevention of these forms of violence. The essence of this Strategy are conclusions reached at the National Conference on combat against violence against women, held in 2007 as part of the Council of Europe’s campaign for the combating against all forms of violence against women, including domestic violence.The Strategy of the Republic of Serbia pays special attention to the group of women who are exposed (or potentially might be exposed) to multiple discrimination, as vulnerable groups of women, like women with disabilities, Roma women, mothers of disabled children, handicapped women or women with chronical diseases, women from the villages, older women, refugees or displaced women etc. This Strategy especially took into account a Recommendation of the Council of Europe 1905 (2010) on the necessity to protect children who witness domestic violence, adopted in March 2010, which leans on the Declaration of the Parliamentary Assembly of the Council of Europe 1714 (2010) on Children who witness domestic violence.

COVID-19: INDIA’S RESPONSE TO DOMESTIC VIOLENCE NEEDS RETHINKING

2020 ◽  
Author(s):  
Shalu Nigam
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Women Workers ◽  
Violence Against Women ◽  
The State ◽  
National Commission ◽  
Women And Children ◽  
The Government ◽  
To Come ◽  
Health Rights

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.

scholarly journals A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Devran Gülel
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Critical Assessment ◽  
Due Diligence ◽  
European Court ◽  
Regional Organisations ◽  
The Government ◽  
Istanbul Convention

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

2012 ◽  
Vol 51 (1) ◽  
pp. 106-132 ◽  
Author(s):  
Bonita C. Meyersfeld
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Best Practices ◽  
Violence Against Women ◽  
Human Rights Violations ◽  
Council Of Europe ◽  
Member States ◽  
Forms Of Violence

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’) joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

Domestic Violence again Women in Sri Lanka: The Role of Primary Health Care in Complementing Human Rights and Legal Responses

2007 ◽  
Vol 13 (1) ◽  
pp. 52 ◽  
Author(s):  
Loshan N Moonesinghe ◽  
Simon Barraclough
Keyword(s):  
Health Care ◽  
Domestic Violence ◽  
Human Rights ◽  
Primary Health Care ◽  
Sri Lanka ◽  
Violence Against Women ◽  
Service Providers ◽  
Legal Rights ◽  
Primary Health ◽  
The Government

Using an analysis of primary documents and secondary sources, the problem of domestic violence against women in Sri Lanka is surveyed from the perspectives of public health, as well as human and legal rights. The limited Sri Lankan literature on the measurements, context and prevalence of such violence, as well as legislation for its prevention, is reviewed. Responses to the problem by the government and non-government organisations are described. These include using international organisations, forums and conventions to further the human rights dimensions of the problem, the establishment of support services and domestic legal reforms to accord greater protection to women. While The Prevention of Domestic Violence Act 2005 gave legislative recognition to the problem and put into place some welcome reforms, it lacked a comprehensive response to the problem. It is argued that health service providers need to be trained to be aware of domestic violence as the potential cause of physical injuries and mental conditions and that the medical record should document the circumstances and nature of domestic violence. Hospital outpatient departments should offer counselling, referrals to crisis centres and shelters, and should collect sex disaggregated data on domestic assaults. Finally, primary health care workers can both support women in dealing with domestic violence as well as performing a sentinel role in prevention. Specific and comprehensive public policy on violence against women must be developed to allow the health sector to play its role within a context of inter-sectoral collaboration.

scholarly journals The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention

2019 ◽  
Vol 52 ◽  
pp. 37-54
Author(s):  
Dominika Bek ◽  
Olga Sitarz
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
International Treaties ◽  
Council Of Europe ◽  
Resolution Processes ◽  
Forms Of Violence ◽  
The Impact ◽  
Istanbul Convention

The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

scholarly journals Assessing Current Situation of Domestic Violence against Women: A Study in Hasandaha, Morang

2014 ◽  
Vol 6 ◽  
pp. 64-85 ◽  
Author(s):  
Krishna P Pandey ◽  
Gyanendra Shrestha
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Assault ◽  
Sociological Study ◽  
Freedom Of Movement ◽  
The People ◽  
Domestic Violence Against Women ◽  
The Government ◽  
Forms Of Violence ◽  
Patriarchal Social Structure

Nepal like many other countries represents a multicultural characteristics having patriarchal social structure. Recognizing the need to effectively reduce the incidences of violence against women, Nepal ratified the CEDAW in 1991. But the incidences of DVAW have been repeatedly reported and the challenge to the human rights of the Nepalese women has been added. The heterogeneity of Nepalese society and social interaction among the different caste/ethnic groups make the issue of DVAW more complicated that eventually requires sociological study. The people of Hasandaha, Morang, represent the caste/ethnic heterogeneity and could be the representation of Nepalese villages. The women of that village are also suffering from multiple forms of violence against them. Physical assault, sexual abuse to psychological torture is among the forms of violence that they aspire to escape from. Rigid caste norms and patriarchal values constrict the freedom of movement among the women of Hasandaha village. These women express that the government, NGOs and civil society should have decisive roles with regard to the elimination of domestic violence against women. For this, effective mobilization of local communities, awareness generation among them and changes in the state’s attitude towards DVAW only as of private concern are key to reduce the incidences of DVAW in Hasandaha village of Morang district, Nepal. DOI: http://dx.doi.org/10.3126/hjsa.v6i0.10689   Himalayan Journal of Sociology and Anthropology Vol.6 2014: 64-85

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

scholarly journals Trapped Between Two Pandemics: Domestic Violence Cases Under COVID-19 Pandemic Lockdown: A Scoping Review

2021 ◽  
pp. 0272684X2110221
Author(s):  
Endurance Uzobo ◽  
Aboluwaji D Ayinmoro
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Scoping Review ◽  
Literature Search ◽  
Web Of Science ◽  
Biomed Central ◽  
Inclusion Criteria ◽  
African Countries ◽  
The World ◽  
The Government

Background As it is common with the most devastating events in the world, women always seem to be at the most disadvantage position. This situation manifested during the period of COVID-19 lockdown throughout the world and Africa in particular. The purpose of this study is to explore Domestic Violence (DV) cases in African during the COVID-19 lockdown. Methods Data for this study were gleaned from an electronic literature search using various databases PubMed and BioMed Central, Web of Science, etc. Key search words were gender DV during and after COVID-19. A total of 68 records were identified during the search. However, only 46 of these sources met the inclusion criteria. Results From the review done in selected African countries which include Egypt, South Africa, Kenya, Nigeria, Ghana and Zimbabwe; it was discovered that COVID-19 lockdown across these countries worsens the already existing cases of DV. The study also noted that generally, the response of the government has been very poor in terms of dealing with DV cases in the period of COVID-19 lockdown. Conclusion The study concluded that despite the failures of government in tackling the DV pandemics, NGOs have been very active in championing the cause of those violated while also trying to provide succour to victims. Thus, the study recommended that countries in Africa need to join international initiatives in prioritising DV cases while trying to deal with the virus itself. Thus, one disease should not be traded for another.

scholarly journals Violence against Women: A Study of Underlying Factors in Tehran Forensic Center 2001

2016 ◽  
Vol 8 (12) ◽  
pp. 68 ◽  
Author(s):  
Roya Azizian ◽  
Bagher Saroukhani ◽  
Mahmod Mahmodi ◽  
Fereshteh Farzianpour
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Partner Violence ◽  
Well Being ◽  
Financial Strain ◽  
Health Concern ◽  
Duration Of Treatment ◽  
Cross Sectional ◽  
Forensic Center

<p><strong>BACKGROUND &amp; OBJECTIVE:</strong> Intimate partner violence (IPV) against women is a global human rights and public health concern. The WHO Multi-Country Study on Women’s Health and Domestic Violence documented the widespread nature of IPV with lifetime prevalence of physical and/or sexual parter violence among ever-partnered women in the fifteen sites surveyed ranging from 15% in Ethiopia province to 71% in Japan.Across the world, violence against women is a major threat to their physical and mental well-being. This violation of the most fundamental human rights usually takes the form of family or domestic violence.</p><p>This study was conducted to determine the violence against women in Tehran in forensic center in 2001.</p><p><strong>METHODS: </strong>Data for this cross-sectional study were collected from women referring to Tehran Forensic Center, with a view to obtaining a realistic picture of violence to women.</p><p>Data were gathered on 120 subjects randomly selected women who completed questionnaires and interview.</p><p><strong>RESULTS: </strong>The women in this study had presented with wounds and injuries inflicted by their husbands. These women had been referred to the Center by family courts to complete legal formalities concerning injury diagnosis and duration of treatment.</p><p>The main factors underlying family violence were examined from five different aspects: behavioral and educational problems (79.2%), financial strain (54.2%), and interference by the husband’s family (39.2%), sexual problems (13.3%), and differences in culture and social class (10%).</p><p><strong>CONCLUSION: </strong>Factors found to have an accelerating or interfering role included the woman’s age and the couple’s education level. However, many women declared that several factors were contributing simultaneously to the problem of violence.</p>

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