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Department of Economic and Social Affairs (UNDESA) Division for Social Policy and Development
United Nations Expert Group Meeting New York 14 – 15 May 2015 Family policy development: achievements and challenges
Policies on Family Violence in Europe: Developments and Challenges
Mihaela Robila, Ph.D., CFLE Professor Human Development and Family Studies Queens College, City University of New York
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Policies on Family Violence in Europe: Developments and Challenges
Violence is an important issue around the world. It needs to be acknowledged, reported, addressed, and eliminated from the society and the family. Gathering data on this phenomenon and developing and implementing sound policies to address it are important steps in the efforts to eliminate it. In Europe, like in other areas around the world, there has been progress in tackling it while there are also still challenges. Violence has many forms, including physical, sexual, emotional, and neglect, and it can be afflicted to any family member, including women, children, men, or the elderly.
Family policies reviews across the globe provide details also about the development of policies addressing violence in different countries (Robila, 2014). The literature on policies and programs addressing violence in Europe has increased through publication on developments in different countries. (.e.g., for Russia see Zubkov, 2013; for Moldova see Asay, Bodrug-Lungu, & Robila, 2013).
Data on Violence Prevalence in Europe
Data on violence come from studies that sometime vary in design across countries making the cross-national comparisons difficult. Data sets such as the International Crime and Victim Survey (2004-2005), European Crime and Safety Survey (2005), Eurobarometer (2010) and International Violence against Women Survey (IVAWS) (2003) provide data that allow for comparisons.
Data from the European facts and the Global status report on violence prevention (2014) by the World Health Organization (WHO) Regional Office for Europe indicate that about 35,000 people were victims of homicide in 2012 in Europe, the most at risk (74%) being males 30-59 years old, the violent deaths being provoked by sharp force (29%), firearms (27%) and 44% by other causes (Mitis, et al., 2014). Although deaths have fallen over the last decade, injuries and violence are still leading causes of inequality and social injustice in Europe. To reduce the burden of violence and unintentional injury the WHO European Office advocates for the use of a public health approach. This requires evidence based action and cooperation among multiple stakeholders. It supports Member States by providing data on the burden and risks of injuries and violence; supporting evidence based policy making; improving capacity for prevention and services; and facilitating the exchange of knowledge and good practice.
Violence against Women
In the U.N. Declaration on the “Elimination of Violence against Women” (A/RES/48/104), the term "violence against women" means “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 in private life” (United Nations General Assembly A/RES/48/104, 1993, p.1).
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Recently the European Union Agency for Fundamental Rights (EUFRA) conducted a “Violence against Women Survey” (2012) in response to a request for data from the European Parliament. Using a fundamental rights approach to violence against women, the survey included 42,000 women from all EU Member States. The results indicate that physical and/or sexual violence since age 15 is reported by 19% of women in Poland, 20% in Austria, 21% in Croatia, and by 52% in Denmark, 47% in Finland and 46% in Sweden (see Figure 1) (EUFRA, 2012).
Figure 1. All forms of violence experienced since the age of 15 100% 90% 80% 70% 60% 50% 40% 30% 20% 10%
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Violence in childhood, before the age of 15, has been reported by 15% of women in Cyprus, 16% in Slovenia, 18% in Poland, and by 53% in Finland, 50% in Estonia and 47% in France (see Figure 2) (EUFRA, 2012). While examining violence rates it is important to understand the childhood experiences in order to explore how they might impact current attitudes and behaviors and to develop strategies to end the cycle of violence and its transmission from one generation to another.
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Figure 2. Violence experienced in childhood before the age of 15
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The rates specifically for physical violence experienced since 15 years old have been reported to be high, with a EU average of 31% and varying from 17% in Austria, 18% in Poland, to 48% in Denmark and 46% in Finland (see Figure 3) (EUFRA, 2012).
Figure 3. Physical violence experienced since 15 years old. 100% 90% 80% 70% 60% 50% 40% 30% 20% 10%
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Figure 4 presents the data on sexual violence experienced since 15 years old. The percentages for sexual violence, although smaller than the physical ones, are still significant.
Figure 4. Sexual violence experienced since 15 years old
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Note. Data Source: European Union Agency for Fundamental Rights (EU FRA) Gender –based violence against women survey dataset (2012).
The EUFRA survey inquired about respondents’ opinion, attitudes and awareness of violence in their countries. These attitudes are important because they inform behaviors and actions. On average, 27 % of women consider violence against women to be very common and half of the women (52 %) thought it is fairly common (EUFRA, 2012) (see Figure 5).
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Figure 5. Perception of frequency of violence against women 100%
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CzechRepublic Surveyaverage Very common Fairly common Not very common Not at all common KingdomUnited Don`t know
Note. Data Source: European Union Agency for Fundamental Rights (EU FRA) Gender –based violence against women survey dataset (2012).
Child Maltreatment
Child maltreatment is defined as the physical, sexual, mental abuse and/or neglect of children younger than 18 years (Sethi, et al, 2013). It exists in every society and it is common in Europe as well. Sexual abuse occurs to 9.6% (18 million) of children (5.7% for boys and 13.4% for girls), physical abuse to 22.9% (44 million) and emotional abuse to 29.1% (55 million) of children in Europe (Sethi, et al, 2013). Child maltreatment leads to premature death of 852 children under 15 every year in the region (Sethi, et al, 2013). There are few countries that regularly collect reliable data on the prevalence of child maltreatment, and thus information should be gathered and shared so that interventions can be developed and implemented.
Causes of Violence
Eurobarometer (2010) data indicate that alcoholism, drug abuse, poverty and unemployment are the most frequent causes of violence (see Figure 6). Alcohol related harm includes, beside a wide range of health damages – such as liver or cardiac diseases and traffic accidents, has consequences such as violence and damaged family relations. The alcohol related harm to others include deaths, hospitalizations, child abuse and neglect due to caregiver’s drinking and domestic violence (CNAP, 2014). 7
Figure 6. Causes of violence against women
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Note. Data Source: Eurobarometer (2010).
Europe’s per capita alcohol consumption has been the highest in the world for the past thirty years (COWI Consortium, 2012). About 266 million adults drink alcohol up to 20g (women) or 40g (men) per day, over 58 million (15%) consume above this level, with 20 million of these (6%) drinking at over 40g (women) or 60g per day (men); moreover, 23 million Europeans (5% of men, 1% of women) are dependent on alcohol (Commission of the European Communities, 2006).
The 2006 EU Alcohol Strategy indicated that a single uniform alcohol policy for all Member States is not possible and that the role of EU policy is to complement national actions, by coordinating the individual national policies and increasing exchanges of information, in order to identify and disseminate best practice (COWI Consortium, 2012). The strategy was implemented through “the Committee on National Alcohol Policy and Action (CNAPA), which coordinates actions and policy development among Member States; and the European Alcohol and Health Forum (EAHF), which stimulates stakeholder-driven actions to reduce alcohol-related harm” (COWI Consortium, 2012, p. 9). The Strategy has been assessed and despite the progress achieved, the aims of the alcohol strategy have not yet been fully reached and alcohol-related harm remains a concern in the area.
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Policies Addressing Violence in Europe
There have been significant developments in terms of policies addressing violence in Europe. Some countries revised their laws while others introduced new and improved legislations. The following sections present a review of policies addressing domestic violence and child maltreatment.
Policies addressing Violence against Women
Violence against women is an extreme manifestation of gender inequality in society and a serious violation of fundamental human rights. Intimate partner violence (IPV) against women is the most common type of violence against women (Vives-Cases, et. al., 2014). In her remarks before European Parliament’s Women’s Rights and Gender Equality, Commissioner Jourova (2015) underlined the importance of equal treatment legislation. While gender equality policy has been promoted in several areas such as employment, the inequalities are still significant. For example, in Europe there is a gender pay gap of 16.4% while the pension gap is 39% (Jourova, 2015). Domestic violence has also been framed as a component of gender inequality (Krizsan, & Popa, 2010).
Awareness–raising and funding are priority areas in combating domestic violence. Collecting data and building comprehensive data bases on violent occurrences is important in order to develop evidence-based programs and legislations (Jourova, 2015). Gender equality is also included as an important element in the Europe 2010 Strategy and in the new Strategy on equality between women and men after 2015 (Jourova, 2015).
The Committee on Women’s Rights and Gender Equality (2011) indicated that 20-25% of all women in Europe experienced physical acts of violence at least once in their adult lives and more than 10% suffered sexual violence. The annual cost of violence against women in the region is EUR 33 billion. In response to these, the Committee proposed a new comprehensive policy approach, which includes, among others, a criminal-law instrument against gender-based violence, measures to ensure punishment of perpetrators, and measures to address the “6-P” framework of violence: policy, prevention, protection, prosecution, provision and partnership.
A study on the role of men in gender equality indicated that the majority of cases of physical and sexual violence are committed by men, ranging from 79.2% in Hungary to 100% in Cyprus. The male percentage of convicted rapists ranged from 95.2% in France to 100% in Austria, Bulgaria, Cyprus, Denmark, Greece, Hungary, Iceland, Ireland, Netherlands, Portugal, Romania, Slovakia, Slovenia as well as Spain; the male percentage of perpetrators of homicide ranges from 71.4% in Austria to 100% in Iceland and Ireland (European Commission, 2013a).
Similarly, the data indicated that men are more likely to be perpetrators of intimate interpersonal violence (IPV) than women in various countries; in Bulgaria and Romania, 66% and 83% (in 2003), in Denmark 69%, in Poland 96%, Slovakia (94.5%) and Slovenia (90.8%) (European Commission (2013a). A significant number of the victims of violence perpetrated by men are also other men and many of them can be considered as victims of gender-based violence (European Commission (2013a). More frequent victims are the young, immigrant, homeless or 9 with disabilities. Immigrant and ethnic minority women (e.g., Roma) have also more challenges in accessing the health system, and thus it is even harder to measure and address this problem for them (Vives-Cases, et. al., 2014).
Awareness of Policies Addressing Violence
It is important to consider population’s awareness of policies and programs addressing violence. EU FRA study on violence against women also inquired about participants awareness of legislation and programs designed to prevent violence and the ones to treat violence (EUFRA, 2014). Data indicate that on average, about half of the participants reported that they are aware of existing legislation concerning protection from and prevention of domestic violence. However, there was a wide variation among respondents from different countries. Only 27% of Estonians, 28% of Bulgarians, and 34% of Italians indicated that they were aware of the specific legislation for domestic violence. In several countries the percentage was higher (77% in Croatia, 66% in Lithuania) (EUFRA, 2012) (see Figure 7). It is important for the general population to be aware of the programs and laws developed to prevent violence in order to access them. Government and civil society institutions need to ensure that the legislation enacted is implemented. Lack of awareness and information impede the efforts, the time and the financial investments involved in policy development.
Figure 7. Awareness of policies to prevent domestic violence
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Note. Data Source: European Union Agency for Fundamental Rights (EU FRA) Gender –based violence against women survey dataset (2012).
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Similarly, 59% of respondents indicated that they are familiar with legislation protecting women against domestic violence, with the rates varying from 33% in Estonia and 34%in Bulgaria, to 78% in Luxemburg and 74% in France and Croatia (EUFRA, 2012). Being aware of the options that women have in case they are abused, is a first step in taking a stance and addressing it. Lack of familiarity with this, on the other hand, might be prone one to stay in abusive relationships and prolong their negative impact.
Figure 8. Awareness of policies to protect women in cases of domestic violence
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Note. Data Source: European Union Agency for Fundamental Rights (EU FRA) Gender –based violence against women survey dataset (2012).
Ascension to European Union of countries from Central and Eastern Europe determined them to use this process as an opportunity to develop specific policies on domestic violence. For example, Romania, Hungary and Bulgaria have used the Europeanization mechanism as a force to propose and implement domestic violence legislation (Krizsan, & Popa, 2010). Thus, the desire to join EU and the necessity to align the local legislation to the EU standards, promoted the development and enactment of domestic violence laws in the area.
Laws of protection from domestic violence were adopted in Bulgaria, Romania and Poland in 2005, while Hungary adopted a Parliamentary strategy on prevention of domestic violence in 2003. European Commission reviewed implementation efforts and provided specific recommendations for improvements. In Croatia specific legislation on domestic violence was already developed (2003) and recognized in the Criminal code (2000) before its EU ascension 11
(2004), while in Poland it was enacted in 2005, after its EU ascension in 2004 (Krizsan, & Popa, 2010).
Similar with other legislative initiatives, the proposal and enactment of domestic violence laws is a complex one. Several mechanisms have been used in this process. Krizsan and Popa (2010) discuss three Europeanization mechanisms: conditionality to include domestic violence as part of accession process, facilitating collective learning through funding of the Daphne project, and strategic use of the EU accession by feminist advocates to motivate policy change. Through the Daphne project, European Commission’s core anti-violence program, the EU improved the capacity of NGOs to advocate for change, supported collaborations, research, and networking, and focused on all types of violence (e.g., against women, children). Women’s NGO have had an important role in domestic violence advocacy efforts.
In other countries (e.g., Russia), violence acts occurring in intimate relationships are penalized under the Criminal Code (Kravchenko, & Grigoryeva, 2014). Developing specific domestic violence legislation would allow more focus on ensuring gender equality and addressing gendered violence.
Female Genital Mutilation (FGM)
FGM is a violation of human rights and children’s rights. It is considered a crime in all EU Member States (a principle of extra-territoriality is included, prosecuting FGM when is committed abroad as well) (European Commission, 2015). There are estimates that there might be still about 125 million victims of female genital mutilation worldwide and 500,000 victims in Europe (the actual numbers might be higher) (Mogherini, Jourova, & Mimica, 2015). The European Commission and the European Institute for Gender Equality are trying to develop methodology and indicators to improve the FGM estimates.
The 2015 European Commission Joint Statement on the International Day against Female Genital Mutilation indicated that no tradition, or culture or custom can justify any form of violence against women and girls (Mogherini, Jourova, & Mimica, 2015). FGM has severe consequences on women’s health, such as pain, infections, and complications at childbirth.
European Commission (2015) is supporting the fight against FGM by funding a variety of NGOs, because the activities at the grassroots are among the most effective in changing people’s beliefs and attitudes. A web-based knowledge platform on FGM is also being developed in order to help professionals who work with women and girls victims of FGM. In order to effectively address FGM, it is recommended that a “multi-level, multi-thematic and coordinated approach” be taken, “engaging with justice, health, religious and political authorities and practitioners, from Communities on grassroots level to national level, engaging with women and girls, but also men and boys in order to shift social norms” (European Commission, p. 3).
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Policies Addressing Child Maltreatment
Several strategies and plans have been developed in Europe to address child maltreatment. Child maltreatment is a serious health and societal concern. Although child maltreatment is recognized as a priority in Europe, the resources invested in dealing with it are limited (Sethi, et al, 2013). The WHO’s 2013 European Report on Preventing Child Maltreatment recommends governments to develop effective prevention strategies to address child maltreatment “reflecting the whole-of- society approach promoted by Health 2020” (Sethi, et al, 2013, p.1).
The European child maltreatment prevention action plan 2015-2020 targets a reduction of the prevalence of child maltreatment and homicide by 20% by 2020 and developed “three objectives to reach this goal: 1. make health risks such as maltreatment more visible by setting up information systems in Member States; 2. strengthening governance for the prevention of child maltreatment through partnerships and multi-sectoral action by developing national plans; 3. reduce risks for child maltreatment through prevention by strengthening health systems in member States” (Regional Committee for Europe 64th Session, 2014b, p.2-4).
In Investing in children: The European child and adolescent health strategy 2015-2020 (Regional Committee for Europe 64th Session. 2014b), it is indicated that violence can be prevented using a public health approach, instead of a criminal justice one. Responses to child maltreatment and interpersonal violence tend to be approached by the criminal justice system as an intervention strategy to deal with their consequences. A focus on prevention would be more effective. Children living in violent environments are at risk for physical and emotional abuse and health problems (e.g., depression, anxiety), and thus investing in prevention and creating healthy environments prevents violence and is more effective.
The public health approach includes four steps: 1. assessment to define the magnitude of the problem; 2. analysis to determine the risk factors and risk population; 3. research to identify effective interventions; and 4. implementation of what works on a larger scale (Violence and Injury Prevention Programme, 2007). Using an ecological perspective and a multi-sectorial approach would encourage interventions at all levels of the child’s environments –family, school, community and society.
The Council of Europe’s Strategy for the Rights of Children (2012-2015) focused on eliminating all forms of violence against children. Parliamentary Assembly encouraged the explicit inclusion of children’s rights to physical integrity as well as their right to participate in any decision regarding them into the Council of Europe standards (Parliamentary Assembly Recommendation 2023, 2013).
The European Child and Adolescent Health Strategies 2015-2020 and the European Child Maltreatment Prevention Plan 2015-2020 propose approaches that are interdependent and integrated with “Health 2020: The European Policy framework for health and wellbeing” (resolution EUR/RC62/R4) (Regional Committee for Europe 64th Session, 2014). Member States have been encouraged to support the Strategy and the Action Plan, and to promote partnerships with stakeholders in promoting child health and preventing child maltreatment, and to report back to the Regional Committee in 2018 and 2021 on their implementation. 13
Sexual Violence
Data show that 1 in 5 children in Europe are victims of some form of sexual violence and that in 70-85 % of cases the abuser is somebody known and trusted by the child (Council of Europe One in FIVE Campaign, 2015). To address this problem, the Council of Europe developed the ONE in FIVE Campaign, which had two main goals: to gather more signatures and implementations of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse and to provide children and families with resources to prevent and report sexual abuse. The One in Five website (http://www.coe.int/t/dg3/children/1in5/default_en.asp) provides details about sexual abuse, publications (e.g., Protecting children from sexual violence- A Comprehensive approach), and encouragements for reporting.
In its Recommendation 2045 (2014), Parliamentary Assembly suggest that the Committee of Ministers establish, at the end of the Council of Europe Campaign ONE in FIVE to combat sexual violence against children, a European Day to continue to fight this phenomenon. A European Day to fight sexual violence against children will promote and maintain the positive effects of the Campaign, through yearly opportunities to raise awareness on it.
Council of Europe’s Convention on Protecting of Children against Sexual Exploitation and Sexual Abuse requires criminalization of all kinds of sexual offences against children and was adopted and opened for signature in 2007 in Lanzarote Spain (“Lanzarote Convention”), and entered into force in 2010. It was signed by all 47 Council of Europe member states and was ratified by 35 states.
The Convention is very comprehensive covering “all possible kinds of sexual offences against minors (including sexual abuse of a child, child prostitution, pedopornography, grooming and corruption of children through exposure to sexual content and activities) and criminalising them” (Secretariat of the Lanzarote Committee (2015, p.1). The “Lazarote Committee” made up of participant Parties at the Convention is charged with establishing monitoring mechanisms to ensure effective implementation of the Convention in all countries, and it is also collecting data and examples of best practices.
Conclusion
It is necessary to develop coordinated mechanisms to address violence at multiple levels –family, school/work environment, and the community at large. Using a public health approach in addressing child maltreatment and a gender equality perspective in addressing violence against women might help design effective preventive services. The UN Sustainable Goal 16 specifically addresses the importance of equal access to justice – “Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels” (UN General Assembly (A/68/970), 2014). Governments, civil society stakeholders, and the public at large need to request and develop effective legislation to address violence. While there have been many developments registered, there are also challenges that can be overcome and more progress to be achieved. 14
Recommendations
Develop systematic and comprehensive data collection mechanisms on violence occurrences, determining factors, services available to address violence and usage Use methodology and develop datasets so that international comparisons can be conducted Develop evidence-based comprehensive policies to prevent and address different forms of violence Develop thorough policy evaluation mechanisms to examine components that work and the ones that need revisions and improvements; communicate these evaluation results to different stakeholders (e.g., policymakers, NGOs, general public) Design effective informational campaigns to alert the general public about policies and prevention and intervention programs and services; evaluate these campaigns and revise them to increase effectiveness Improve procedures for reporting and addressing abuse/violence so that the process is easy to follow and effective Develop coordinated mechanisms to address violence at multiple levels –family, school/work environment, and the community at large
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References
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