Ten Years of Austrian Anti-Violence Legislation

TEN YEARS OF AUSTRIAN ANTI-VIOLENCE LEGISLATION International Conference in the Context of the Council of Europe Campaign to Combat Violence Against Women, Including Domestic Violence 5 to 7 November 2007 Vienna and St. Pölten, Austria 1 Owner and publisher Federal Chancellery – Federal Minister for Women and Civil Service Concept and implementation Domestic Abuse Intervention Centre Vienna Rosa Logar, Michaela Krenn, Klara Weiss Grafic layout Andreas Hösch Eveline Wiebach Readers Daniela Beuren Susanne Ofner Translators Daniela Beuren Susanne Ofner Elke Raab (phoenix) Printed by Druckerei Hans Jenztsch & Co GmbH Vienna, December 2008 DOCUMENTATION INTERNATIONAL CONFERENCE: STOP DOMESTIC VIOLENCE AGAINST WOMEN 10 Years of Austrian Anti-violence Legislation and the International Situation in the Context of the Council of Europe Campaign to Combat Violence Against Women, Including Domestic Violence 5 to 7 November 2007 Vienna and St. Pölten, Austria 1 CONTENTS Foreword Gabriele HEINISCH-HOSEK Federal Minister for Women and Civil Service 6 Maria FEKTER Federal Minister of the Interior 8 Introduction Rosa LOGAR National and International Measures to Prevent Domestic Violence Against Women and Children 10 10 Years of Experience with Austrian Laws on Violence Prevention 10 Years of Experience with Austrian Anti-violence Legislation Present Situation and Perspectives: Summary of a Discussion of Experts 20 Birgitt HALLER Different Effects of Domestic Violence in Urban and Rural Areas 27 International Measures to Counter Violence Against Women Carina HÄGG Parliaments United in Combating Domestic Violence Against Women 32 Dubravka ŠIMONOVI∆ International Measures to Counter Violence Against Women 35 Comprehensive Strategies for Tackling Violence Against Women Carol HAGEMANN-WHITE Innovative Legal Measures Addressing Violence Against Women New Strategies and Practices in Europe 42 Liz KELLY What a Waste: The Case for an Integrated Violence Against Women Strategy 52 Renée RÖMKENS Violence Against Women: Politics and the Need for Scientific Data 63 Renate AUGSTEIN The Plan of Action to Combat Violence Against Women in Germany 67 Samantha INGRAM The National Delivery Plan for Domestic Violence in the United Kingdom 73 Prevention of Domestic Violence: The Tasks of the Police Anette ÖBERG Working with Domestic Violence in the Swedish Police Force: An Example From Stockholm 78 Yasmin REHMAN Prevention of Domestic Violence Against Women and Children: Police Work in London 80 Sonja FIEGL The Tasks of the Police in the Prevention of Domestic Violence 84 2 Contents Maria SCHWARZ-SCHLÖGLMANN The Role of the Police from the Point of View of Victims’ Protection Organisations 88 The Potential of the Health Care System in the Prevention of Domestic Violence Martha WEINGARTNER Domestic Violence Makes People Ill: How Can the Health Care Sector Respond? 92 Martina AMLER Domestic Violence and the Cost for the Health Care System 100 Angelika MAY S.I.G.N.A.L.: Health Care Responses to Violence Against Women 104 Sabine BOHNE PRO TRAIN: Improving Multi-professional and Health Care Training in Europe: Building on Good Practice in Violence Prevention (2007–2009) 109 Alexandra GRASL Protection of Victims in Hospital: The Violence Against Women and Children Curriculum of Vienna 114 Anneliese ERDEMGIL-BRANDSTÄTTER Violence Against Women: Implementation of Training Measures for Members of the Health Care Profession in Lower Austria 117 Friedrich ANGER-SCHMIDT The Women’s Protection Group at Wilhelminen Hospital 125 Immigrant Women and Protection from Violence Ravi K. THIARA Building Good Practice in Responses to Black and Minority Ethnic Women Affected by Domestic Violence: Issues from the United Kingdom 130 Sibylle SCHREIBER NO Crimes in the Name of Honour: A TERRE DES FEMMES Campaign 141 Tamar «ITAK Protection of Immigrant Women in Austria Against Violence 145 New Developments in the Area of Services for Women and Children Corinna SEITH Anti-violence Legislation and the Need for Support of Children and Parents Affected by Domestic Violence 150 Lepa MLAÐENOVIĆ Women’s Emotions and State Policies: A Women’s Organisation Against Male Violence Against Women from a Counsellor’s Perspective 156 Aleid VAN DEN BRINK The Amsterdam Approach: Enterprising and Pragmatic 166 Maria RÖSSLHUMER Success, Problems and New Strategies in Women’s Shelter Activities 176 3 Multi-agency Cooperation for the Prevention of Domestic Violence Against Women Branislava MARVANOVÁ VARGOVÁ Anti-violence Legislation and Multi-agency Cooperation in the Czech Republic 182 Ute RÖSEMANN Caught in the Network?! – Has Cooperation Proven as Successful as It Promised to Be? 192 New Legislation on Domestic Violence Against Women and Effective Implementation Carmen DE LA FUENTE MÉNDEZ Spain’s Act Against Gender-Related Violence: Court Orders and Prevention Measures 198 Funmi JOHNSON The Struggle for Justice: The State’s Response to Violence Against Women 206 Birgitt HALLER The Practice of Court Assistance in Austria 212 Christian MANQUET From ’Insistent Persecution’ to ’Continued Exercise of Violence’ 216 The Role of the Criminal Justice System in the Prevention of Violence and Programmes for Perpetrators Martyn WAYGOOD Specialist Criminal Courts in Cardiff 222 Amanda ROBINSON Measuring What Matters in Specialist Domestic Violence Courts 227 Heidi WINTERER Prosecution in Cases of Violence in Close Social Relationships: The Freiburg Model – Developments and Trends: The Example of the Freiburg Public Prosecutor’s Office 235 Christian PILNACEK Protection Against Violence: Do the New Criminal Proceedings Meet the Needs of Vicitms? 247 Barbara ILLE, Heinrich KRAUS The Vienna Training Programme for Violent Men 250 Awareness Raising and Prevention of Domestic Violence Michael KAUFMAN Lessons from the White Ribbon Campaign 260 Ann HAMILTON Zero Tolerance: Raising Awareness and Challenging Attitudes to Violence Against Women 263 Authors 268 Editors 275 4 Contents 5 GABRIELE HEINISCH-HOSEK FEDERAL MINISTER FOR WOMEN AND CIVIL service Dear readers, in 1997 the Federal Act on Protection Against Domestic Violence entered into force in Austria. This Act is based on the principle that victims of violence may stay in their homes and perpetrators have to leave the flat and the environment of the persons they have endangered by using violence. This Act protects people who have suffered domestic violence. However, not everybody is affected by violence to the same extent: in most cases, the victims are women and children, while the majority of offenders is male family members, in particular husbands and live-in partners. Children are always affected by domestic violence, either directly, when violence is directed against them, or indi- © Werner Jäger rectly, when they witness violence or its consequences. Austria’s Federal Act on Protection Against Domestic Violence has served as a model for many countries in and outside Europe. It was prepared from 1994 to 1996 by interministerial working groups in which practitioners in this field such as judg- es, police officers and lawyers as well as workers in women’s shelters took part. The variety of knowhow contributed by these experts from different fields laid the foundation for a law that is oriented towards the situation and protection of people affected by violence. The Act focuses on the State’s obligation to protect women and children also in their own homes. The protection of people experiencing violence is effected by means of eviction orders issued by the police, under which the perpetrator has to stay away for 10 days, and by means of injunctions under civil law that extend over three months or until divorce or partition proceedings have been completed. Still, it has been evident from the beginning that legal measures alone are not enough but that at the same time, victims have to have access to immediate comprehensive support services. Therefore, intervention centres against domestic violence were established in all provinces so that those affected by violence are actively assisted after eviction orders have been issued by the police. Apart from this Federal Act, a number of other measures were also taken in Austria. What deserves special mention here is the Anti-stalking Act, which entered into force in July 2006, and the right to court assistance services: as of January 2006, all victims of domestic violence have been granted the right to cost-free psychosocial and legal court assistance during criminal proceedings, and in addi- tion, the victims’ rights to information, considerate treatment and participation in proceedings have been expanded. Eventually, the Second Protection Against Violence Bill is a further step towards great improvements. 6 Foreword Still, our objective must be to prevent violence against women and children to the greatest possi- ble extent. Therefore it is my task and my concern to continue to take active steps and do everything in my power to combat domestic violence and provide effective assistance to those affected by it. We do not have to start from scratch but can, and will, take over other countries’ knowhow in fields where there might be need for us to catch up. Occasions such as this international conference of experts are excellent opportunities to do this, and I would like to thank all international and national experts for their invaluable contributions. Federal Minister for Women and Civil Service 7 MARIA FEKTER FEDERAL MINISTER OF THE INTERIOR Dear readers, for many years, violence in the family and in other close social

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