Domestic violence worldwide and ways to solve this problem

Domestic violence worldwide and ways to solve this problem

Nika Chitadze

Professor of the International Black Sea University

Director of the Center for International Studies 

The topic of domestic violence is very painful and its resolution on the global level is difficult. In this regard it should be mentioned, that  someone's resentment, irritation, trouble is hidden behind it.

For a long time, domestic violence in many countries was perceived as a "private", "domestic" affair, and the state did not undertake the measures to recognize such violence as a social problem. Despite the severity, the problem is still in the shadows in many regions of the world. Victims of violence do not want to express their feelings, they are ashamed of themselves, they do not want to "betray" the family, they are afraid of revenge and aggression from the perpetrator, they do not believe in law enforcement. Often even relatives and law enforcers blame the victim in the incident. The society believed and still often believes that family problems should be resolved in the family, that it is a "family affair" and the state should not interfere in this, which means that the victim is left alone in the face of violence and is left to endure indefinitely.

Let`s discuss a typical and clear example:

For a 10 years the woman endured resentment, humiliation from her husband. She never asked for help. Everything seemed like a harmless joke. The victim tried to find a reason in herself and to change her character. She was justifying her husband's selfish attitude towards her. Time was passing and situation was becoming worse. The husband took full control on the woman's life. Only after, when her husband beat her severely, the woman applied to the police. But she was ready to forgive her husband even after what happened. She still blamed herself and tried to figure out what she was not doing right.

The abovementioned woman endured all this not because she was not sufficiently smart or adequate. When a person lives under constant stress, in traumatic conditions, he/she becomes accustomed to it.

Furthermore, most of the children more or less are affected by domestic violence. Psychological violence against a child is attributed, for example, by frequent conflicts in the family. Psychological violence hinders a child's intellectual development. The child becomes heartbroken, socially vulnerable, easily falls into a conflict situation, can not find common ground with peers, takes responsibility for domestic violence, is characterized by low self-esteem.

The child is adversely affected by the wrong approach of the parents. Parents should not approach their child in such a way as to kill his/her soul. The result of "poisonous pedagogy" is when the child develops the impression that the parent is always right. He/she (Father/mother) can not be mistaken or be guilty.

It is recognized by the international community today that family problems do not only affect family members and violence must be prevented. Consequently, many states have created special legislation to address this problem or have amended existing legislation.

International human rights instruments: the Universal Declaration of Human Rights, adopted in 1948, the Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979, and the Convention on the Rights of the Child, adopted in 1989, reinforce the principles of universal human rights and freedoms, including civil and political rights, also resolves the major issues related to economic security, health and education, which affect the quality of daily life of women and children.

Forms of domestic violence

 

According to scientific studies, domestic violence is perpetrated by one family member in order to establish power and control over another. However, according to a surveys conducted in many countries, the majority cite unemployment, alcoholism, drug addiction and other socio-economic problems as the main causes of domestic violence. In fact, domestic violence exists in both developing and economically developed countries. The listed factors only exclusively affect on the degree of violence and, to some extent, can be considered as elements of provocation.

In the case of domestic violence, as in the case of violence in general, there are three components: 1. Victim; 2. The abuser; 3. Action (violence).

 

Under the laws of many countries, a victim is a family member who has suffered physical, psychological, sexual violence or coercion.

An abuser is a family member who commits physical, psychological, economic, sexual violence or coercion against another family member.

As for the notion of a family member, a family member is considered to be: mother, father, grandfather, grandmother, wife, child, subsidiary, foster family (mother, father), grandson, sister, brother, wife's parents, son-in-law, daughter-in-law, as well as ex Spouse, persons in unregistered marriage, guardian.

 

Domestic violence has its own characteristics and peculiarities - that is, the criteria by which domestic violence is identified.

Domestic violence is not a one-time act - it is a process that consists of repetitive cycles of violence and is based on the relationship between the abuser and the victim; Domestic violence is prolonged over time and has a tendency to increase; The subjects of violence are usually interdependent, so in most cases the family hides this fact; From the position of the abuser, his actions are effective in "clarifying" the relationship with the victim, in his opinion, other non-violent actions require more effort.

The following are the main forms of violence:

Physical violence may include: handcuffing, hitting, biting, burning, spitting, wounding; Prohibition to leave the room; Throwing things; Locking a person in or out of the house; Abandonment in dangerous places; Refusal of assistance when a woman is ill or pregnant; Endangering the life of the spouse when driving at excessive speeds; Disturbing sleep or waking up;

Psychological / emotional violence: screaming, threatening, humiliating, irritating, ignoring the feelings of the spouse; Mocking her beliefs; Threatening to take away a child; Manipulating lies; The degradation of women as a certain group; Calling names such as prostitute; To say to a wife that she is foolish, ugly, fat; Isolation from friends and family; Constantly criticizing what she does and how she does it; Mocking a woman's family and friends; Threats to abandon or force her to leave her; Threats against the spouse's family address; Inflicting pain on children when he is angry with his wife; Criticism of women in front of friends, family, children, co-workers;

Economic violence: refusing to give a spouse money for food or clothing; When a woman is refused to participate in making decisions about money;

Sexual Abuse: When a man treats a woman as a sexual object; Criticizes her behavior during sex; proposes that a woman can have sex with anyone; Abstains and refuses sex; Forces sex after a fight or beating; Accuses his wife of having sex with other women and men; Treats her as property and forces sex because she belongs to the husband.

Factors causing domestic violence

The cultural ideology of developed or developing countries considers violence against women to be permissible in some cases. In the past, religious and historical traditions did not prohibit the punishment and beating of wives. In particular, corporal punishment of women was allowed, which was seen as an expression of a sense of ownership over them. In some societies, it is traditionally permissible to kill "misguided" girls, sisters, or wives if they marry or divorce without the consent of the family.

 

Isolation of women from society breeds violence against them, especially if women have less contact with their own families and local organizations. Involving women in social networks significantly reduces their risk of becoming potential victims and allows them to overcome the problem of domestic violence on their own. These connections can be either informal (family and neighbors) or formal (community organizations, women's self-assistance groups, or groups with political parties).

The following are the main factors that cause domestic violence, particularly:

Cultural: The notion that a man should always dominate over woman; Values that give men and women the right to own property; The notion that the family is a private sphere under the subordination of men; Marriage customs (price imposed on the bride);

Economic: The economic dependence of a woman on a man; Limited access to finance resource by woman; Discriminatory laws governing inheritance, property rights, divorce, and the acquisition of property after the death of a spouse; Fewer employment prospects in the public or private sectors for woman; Less prospects for getting an education by woman.

In some countries, even the growing economic activity of women has led to domestic violence. Spouse`s independence is perceived by men as a threat, especially if the male`s partner is unemployed and he is afraid of losing his own power in the family.

Legal: less legal status of women, which is recognized by written or unwritten laws; Discriminatory legislation governing divorce, child custody, custody and inheritance; Low level of legal awareness among women; Mistreatment of women and girls by police and the judiciary.

Political: Women are underrepresented in government, politics, media, law enforcement, and medicine.

4. Legal mechanisms for protection from domestic violence

In many countries, cases of domestic violence are not regulated only by a special law related to the Prevention of Domestic Violence, Protection and Assistance to Victims of Domestic Violence; Criminal, civil-legal and administrative-legal mechanisms are also used to detect and prevent domestic violence, namely:

Criminal mechanisms are used in cases that contain signs of a criminal offense, such as: intentional grievous bodily harm; Rape; Unlawful deprivation of liberty; Beating or other violence that has resulted in serious health damage or significant impairment or loss of ability to work, etc.;

Civil law mechanisms are used to compensate for damage caused by domestic violence in accordance with the rules established by civil law of many countries. In particular, on the example Georgia (post-soviet republic) according to Article 992 of the Civil Code, a person who harms another person through unlawful, intentional or negligent action is obliged to compensate to the victim the damage.

Also, in case of non-pecuniary damage, according to Article 413 of the Civil Code of Georgia:

1. Cash compensation for non-pecuniary damage may be claimed only in cases prescribed by law in the form of reasonable and fair compensation.

2. In cases of bodily injury or damage to the health, the victim may also claim compensation for non-pecuniary damage.

Administrative-legal mechanisms are used if the offense, in accordance with the law, does not lead to criminal liability and can be prevented in accordance with the provisions of the Code of Administrative Violations.

Legislation in various countries, including the law of Georgia, uses protective and restraining orders as an interim measure to provide prompt response to domestic violence, to protect victims, and to restrict certain actions for the perpetrator.

A protection order is an act issued by a court of first instance (judge) through administrative proceedings, which, in case of domestic violence, determines temporary measures for the protection of victims of violence. A restraining order is an act issued by an authorized police officer that also sets out temporary measures for the protection of victims of domestic violence.

Temporary measures for the protection of victims include: measures to protect the victim from the abuser, the person dependent on him; Issues of removal of the victim from the abuser, the person dependent on him / her and their placement in the shelter; Prohibition of the right of the abuser to use the property alone; Issues of separation, meeting and relationship with the abuser; Approaching the abuser to the victim, his or her service, and other places where the victim is present; Other issues necessary for the safety of the victim.

A shelter is a temporary home or temporary accommodation for victims of domestic violence that provides psychological and social rehabilitation, legal and medical assistance, and protection for victims. Many countries do not have a public (state) asylum today. NGO-based shelters provide victim assistance and rehabilitation with support from donor / international organizations.

A shelter is a temporary home or temporary accommodation for victims of domestic violence that provides psychological and social rehabilitation, legal and medical assistance, and protection for victims. Many countries do not have a public (state) asylum today. NGO-based shelters provide victim assistance and rehabilitation with support from donor / international organizations.

The main question is, at least what can be done to prevent domestic violence? First of all, public awareness should be raised about this issue, which will allow the public to look at this problem from a different view. Not with disgust, mockery, but with a problem-solving, prudent eye.

Domestic violence poses a threat and has a detrimental effect on society. This social problem also reaches the workplace and negatively affects victims and employees, which is accompanied by a decline in productivity, an increase in absenteeism.

Everyone has the right to work in a non-violent environment. It is in the immediate interest of any management at work to rule out the potential for violence in the workplace. Management ensures the implementation of an individualized safety plan at the service to assist victimized service personnel.

There is a non-discriminatory employment policy in many, first of all democratic countries. According to the established rules, personnel policy should not be based on the assumption or information that a person has suffered or been exposed to domestic violence.

It also provides training for service personnel on issues related to domestic violence, with the aim of giving the right direction to employees and ensuring safety measures. The mechanism of psychological self-defense is one of the things that helps a person create an emotionally neutral condition. Psychological self-defense is a system of regulation of the human psyche aimed at eliminating or reducing conflict situations. It protects the person from negative emotions.

Domestic violence is a complex problem and there is no action plan that fits all situations. However, ensuring security for victims of domestic violence and establishing a system for timely and effective detection of assistance is the main purpose of the mechanism for the prevention of domestic violence.

Measures to be taken against domestic violence should be based on the following principles:

• Raising public awareness about the problem of domestic violence;

• Prevention of domestic violence;

• Identify families where this problem exists;

• Early intervention;

• Protection of victims;

• Assisting victims, helping them to start a new life.