Mario Gomez brings up an important approach to domestic violence, one that UNIFEM has tried to support in its activities: adopting human rights-based strategies.
I'm enclosing some paragraphs of the introduction, written by Donna Sullivan, to the book "Women@Work to End Violence: Voices in Cyberspace". This book is a UNIFEM publication based on the first phase of the End-Violence Working Group in 1998. It can be downloaded for free at: http://www.unifem.undp.org/w@work/ Best, Roxanna ------------- Advocates in all regions are adopting human rights-based strategies to deal with violence and underlying discrimination against women. Women and men everywhere and in all circumstances have the rights to life and integrity of person and to freedom from discrimination. By affirming international human rights principles as a basis for action, advocates build a common understanding of violence against women and the steps necessary to eliminate it. Members of the Working Group reported on a wide range of innovative programmes that promote women's human rights as means of preventing violence and empowering survivors of violence, including the rights to political participation, education, equality in the family, equal access to and control over economic resources, physical and mental health, and the freedoms of information, expression, and association. Their experiences also demonstrate that initiatives to end violence against women are most likely to succeed where there is a culture of respect � by Governments and civil society � for all human rights. Legal Strategies Advocates in all regions have adopted law reform and advocacy in the courts as key strategies for ending violence against women. Law embodies the social contract and can catalyze social change by sending a clear message that violence against women will not be tolerated. For example, as one member of the Working Group observed "[t]he criminal justice system response has clearly played a role in educating the public on what is and is not acceptable in our local community." Laws that are drafted to reflect the reality of women's experiences can � if fully implemented � provide justice for women who have suffered violence and even protect against further abuse. Legal representation for women seeking remedies in the courts and support for women victims in the judicial process is a focus for ongoing NGO activity. Criminal justice strategies Strategies related to the criminal law and procedures and law enforcement are a central priority for NGOs. Among the criminal justice strategies identified by the Working Group were: the reform of criminal laws and procedures, particularly laws related to domestic violence and rape; the vigorous prosecution of assaults involving minor or no injuries in order to deter assaults that result in more serious injuries or death; the adoption of mandatory arrest policies which require the police to make an arrest in all incidents of domestic violence (an approach intended to take the burden off women to insist on an arrest or to guarantee to press charges before an arrest is made); the establishment of domestic violence courts and special police units or stations that deal with violence against women; the creation of forensic protocols for cases of rape; and the development of resource materials that translate general principles into practical guidelines. Members stressed that such strategies must be one element of a much broader approach. As one member stated: "[w]hile abuses and injustices against women will not be corrected by reforming the criminal justice system alone, it is clear that many crime prevention and criminal justice practices are themselves contributing to the problem and must be changed." Other areas of the law Members of the Working Group drew attention to the need for advocacy in other areas of the law as a means of addressing the causes and consequences of violence against women. Examples include: efforts to improve legal protections against discrimination in all areas; challenges to laws that reinforce women's subordination, such as discriminatory inheritance and family laws; and challenges to laws that may have the effect of restricting women's ability to leave violent relationships, such as the prohibition of divorce and immigration laws making women's immigration status contingent on their continued relationship with their husbands. In addition, advocates are targeting specific areas of the law where change is needed to prevent and respond to violence, such as the recognition of gender-based persecution as a ground for political asylum and the prohibition of sexual harassment in laws related to employment and education. The discussion of legal strategies highlighted these conclusions: * Legal strategies should be clearly linked, through information exchange and coalition building wherever possible, to other strategies, particularly mobilization and training; * Law reform should be informed by data and analyses by NGOs and other advocates and guided by careful examination of experience both in the national context and in other countries; * Law reform and other legal initiatives, including advocacy in individual cases, should be used as a focus for broader public education; * Research and data collection systems should be created to facilitate information exchange about existing laws, draft laws and experience regarding implementation; * The effectiveness of legal strategies for preventing and responding to violence should be seen in the context of the status of the rule of law. Absent the rule of law, strategies for law reform or advocacy in the courts will have limited effect on women's lives. Laws on violence against women will lack legitimacy and the supporting framework of legal and political institutions. In such circumstances, laws cannot be enforced to protect women against violence in a manner consistent with human rights. From: "Women@Work to End Violence: Voices in Cyberspace" http://www.unifem.undp.org/w@work/ ***End-violence is sponsored by UNIFEM and receives generous support from ICAP*** To post a message, send it to: <[EMAIL PROTECTED]> To subscribe or unsubscribe, send a message to: <[EMAIL PROTECTED]>. In the 1st line of the message type: subscribe end-violence OR type: unsubscribe end-violence Archives of previous End-violence messages can be found at: http://www.edc.org/GLG/end-violence/hypermail/
