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If you have issues viewing or accessing this file contact us at NCJRS.gov. .. .-. - a United Nations Office at Vienna Centre for Social Development and Humanitarian Affairs VIOLENCE AGAINST WOMEN IN THE FAMILY (~\ \mg ~ UNITED NATIONS New York, 1989 The designations employed and the presentation of material in this pUblication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concenling the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Material in this publication may be freely quoted or reprinted, but acknowledgement is requested, together with a copy of the pUblication containing the quotation or reprint. ST/CSDHA/2 UNITED NATIONS PUBLICATION Sales No. E.89.IV.5 ISBN 92-1-130133-5 02700P 143334 u.s. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the Nationallnslitute of Justice. Permission to reproduce this copyrighted material has been gra~lic Danain unitea: Nations to the National Criminal Justice R3ference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner. - i - PREFACE The Nairobi Forward-looking strategies for the Advancement of Women to the Year 2000 11 reflect the international community's recognition that vio­ lence against women exists in various forms in everyday life in all societies. They point out that violence against women is a major obstacle to the achieve­ ment of peace and the other objectives of the United Nations Decade for Women: Equality, Development and Peace, and that women victims of violence should be given particular attention and comprehensive assistance. They call for the formulation of legal measures for the prevention of violence and for the establishment of national machinery to deal with the question of violence against women within the family and society. Economic and Social Council resolution 1984/14 of 24 May 1984 on violence in the family requests that work on the subject be included in the programme budget for the biennium 1986-1987 of the Branch for the Advancement of Women, Centre for Social Development and Humanitarian Affairs of the United Nations at Vienna. This included the organi~ation of an Expert Group Meeting on Vio­ lence in the Family. with Special Emphasis on its Effects on Women, held at Vienna, from 8 to 12 December 1986. It also included the preparation of the present publication, whicb attempts to survey available literature and analyse resear~h findings on the issue of violence against women in the family. The present publication was prepared by a consultant in 1987 under the guidance of the Division for the Advancement of Women, Centre for Social Development and Humanitarian Affairs of the United Nations Office at Vienna and on the basis of the following: (a) Results of the above-mentioned expert group meeting for which the following had been prepared: 15 case studies (2 from Africa: Egypt, Nigeria; 6 from Asia and the Pacific: Australia, Bangladesh, China, India, Malaysia and Thailand; 1 from Latin America and the Caribbean: Trinidad and Tobago; 3 from Europe: Austria, Greece and the United Kingdom of Great Britain and Northern Ireland; 2 from North America: Canada and the United States of America; and 1 from Western Asia: Kuwait); 5 background papers (1 prepared by the Secretariat and 1 on each of the following countries: Bangladesh, Italy, the Union of soviet Socialist Republics and the United states of America); and 3 information papers: from Czechoslovakia, France and Norway; (b) Fifteen case studies commissioned especially for this publication, many of which were expanded versions of case stUdies prepared for the Expert Group Meeting: 4 from Africa: Egypt, Kenya, Nigeria and Uganda; 5 from Asia and the Pacific: Australia, Bangladesh, Malaysia, Samoa and Thailand; 3 from Latin America and the Caribbean: Brazil, Chile and Colombia; 2 from Europe: Greece, Poland; and 1 from North America: Canada; (c) Relevant publications by the United Nations system, inter-governmental and non-governmental organizations, as well as literature published in English surveyed by the consultant. The pUblication intends to provide an overall picture of violence against women in the family as a world issue rather than as an issue that is confined to one country or cultural system by examining current research on the subject. - ii - It also attempts to identify gaps in knowledge of the issue, which constitute obstacles to the development of a proper understanding of the problem and appropriate action for its eradication. This publication is intended to contribute to promoting systematic inter­ national co-operation in coping with the problem as one of the major obstacles to the implementation of the provisions contained in the Nairobi Forward- looking strategies and the Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180 of 18 December 1979). Gratitude is expressed to the Government of Norway, which provided finan­ cial resources for the preparation and printing of the study. The study was prepared by Ms. Jane Frances Connors, lecturer in law at the School of oriental and African Studies, University of London. 11 Report of the World C~nference to Review and Appraise the Achieve­ ments of the United Nations Decade for Women: Equality. Development and Peace. Nairobi. 15-26 July 1985 (United Nations publication, Sales No. E.85.IV.IO), p. 60, para. 258. - 1 - CONTENTS Preface .................... 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • i INTRODUCTION .... $ •• to ••••••••••••••••••••••••••••••••••••• It • • • • • • • • • • 3 Part One VIOLENCE IN THE FAMILY: CAUSES AND CONSEQUENCES Chapter I. MANIFESTATIONS OF VIOLENCE IN THE FAMILy ..................... , 13 A. Conduct................................................... 13 B. Victims and assailants: who victimizes whom .............. 14 C. Characteristics of victims and abusers: class, culture and age .................. , ..................... '......... " . 15 D. Conclusion ............................ D ••••••••••• t.. • • • • • • 16 II. HOW MUCH VIOLENCE EXISTS 17 A. What statistics show 18 B. Conclusion ................. 0 ••••••••• D •• II ••••••••••••••••• 20 III. RESULTS OF VIOLENCE AGAINST WOMEN IN THE HOME ................. 21 A. Short-term effects: injury to women ...................•.. 21 B. Short-term effects: health and psychological sequelae for women ........................................ 22 C. Short-term effects: effect on the abuser and others ...... 22 D. Effects on children ....................................... 23 E. Long-term effects ....................... 0 • • • • • • • • • • • • • • • • • 23 F. Conclusion ...... ',' ... 0 •••••••••••••••••••••••••••• , • , , •• , • 24 IV. WHAT CAUSES VIOLENCE AGAINST WOMEN IN THE HOME ................ 25 A. Alcohol and drugs , .... , .. , .......... , .. , ........... ,.".,.. 26 B. Cycle of violence: violence as learned behaviour ......... 27 C. victim precipitation ...................................... 28 D. Mental illness ....... , '0 •••• '." ••••••• ,., •• , •• , ••• , ..... ,., 28 E. Stress, frustration, role frustration ..................... 29 F. Underdevelopment .......................................... '.' 29 G. Cultural factors .......................................... 30 H. Structural inequality: the position of women in the family: and society ................... ',' ............ ~' " , :30 I. Conclusion ..... 0 • , ••••• , • , •••••••••• , •••• , • , • • • • • • • • • • • • • • 31 - 2 - Part Two TYPES OF RESPONSE TO VIOLENCE Chapter I. THE LAW: DEALING WITH VIOLENCE THROUGH THE LEGAL SYSTEM 51 II. THE POLICE ROLE 56 A. Police powers of entry 58 B. Powers of arrest 59 C. Bail 61 D. Training 62 E. Conclusion 62 III. LEGAL RESPONSES 65 A. Matrimonial relief 66 B. Criminal law remedies 67 C. Civil law remedies 69 D. Conclusion ..•..... 71 IV. RESPONSE OF THE HEALTH, WELFARE AND COMMUNITY SECTORS 75 A. The response of the health sector 75 B. The welfare sector 76 C. Shelters .....•.... 77 D. Batterers' programmes 79 E. Conclusion 80 Part 'Thrae WHAT CAN BE DONE I. CLEAR STRATEGIES 98 II. IMPROVED RESEARCH 99 III. AMORE RESPONSIVE LEGAL SYSTEM 101 IV. EDUCATION 103 V. ADDRESSING STRUCTURAL CAUSES 105 Bib liography 107 - 3 - INTRODUCTION The twentieth century has seen the development of a concept of human rights, including rights to be free from fear and want, and to be free in speech and thought. Such human rights have been acknowledged nationally and internationally and guaranteed in domestic laws and constitutions and in international agreements and instruments. The recognition and implementation of human rights at national and international levels have been viewed as essential in the development of not only the individual, but also the nation and, ultimately, the world. Recognition and implementation will lead, it is believed, to equality, development and peace. Women - over half the world's population, performing two thirds of its work, receiving one tenth of its income anq owning less than one hundredth of­ its property - have been revealed as seriously deprived of basic human rights. Not only are women denied
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