scholarly journals (The extent of legal protection against domestic violence in Iraq and Arab countries (Legal Study: مدى الحماية القانونية من العنف الأسري في العراق والدول العربية (دراسة قانونية)

Author(s):  
Nadia ka'ab Jaber

    Family violence is the actual use of force or threat to harm, harm people, and damage property. It is an act that exaggerates aggressive or hostile behavior that results in disturbing or destructive effects that cause psychological or physical harm to people. Others threaten or injure them or attempt to inflict such harm. The Islamic thinkers have dealt with the issue of domestic violence since the beginning of the cradle of Islam, as it was mentioned in one of the hadiths: "Allah is a companion who loves kindness and gives mercy to those who give to violence." The Prophet (peace and blessings of Allaah be upon him) Nor curse) and also saying (peace be upon him) (from the horrors of the Muslim magnificence of God on the Day of Resurrection) and forbade the Prophet to refer the Muslim Muslim brother of the ugliest qualities. Family violence is linked to social ties in the center in which there are, however, its manifestations and forms have evolved and varied in many ways, including: 1. Violence against women 2. Domestic violence against children 3. Domestic violence against the elderly. Violence, as defined by laws and constitutions at the founding of the modern state, has taken its official form since the beginning of the 19th century. It has been defined as a phenomenon designed to disrupt the structure of an existing society, thus threatening the system of rights and duties. Therefore, we will address this issue in three sections I on the concept of domestic violence and the second on the causes and types of domestic violence and the third on the laws of protection against domestic violence in the Arab countries.    

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 858-861
Author(s):  
Tainara Andrea de Souza

This article seeks to present and understand, in light of Law 11.340 / 06, this known as the Maria da Penha law, we will see in article seventh, the types of domestic violence against women, listed in its paragraphs, as well as the general considerations about such types of violence. The method used was the legal deductive, applying the interpretation of the legislation and doctrine. It is concluded that the main objective of this article is to demonstrate the forms of domestic and family violence against women, which are physical, psychological, sexual, property and moral violence.


2020 ◽  
Vol 2 (2) ◽  
pp. 25-41
Author(s):  
Ana Lucia Sabadell ◽  
Thamires Vieira

The practice of self-isolation as a preventive and combat measure against the Covid-19 virus brought up the discussion about domestic violence practiced against women in Brazil. The author understands that the legal protection of intimacy favors the process of denial of this type of violence and presents a reflection on the practical measures that can be taken to face violence against women in the current pandemic context.


2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanafi Arief

Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family


Author(s):  
Lili Rubin ◽  
Ikman Nur Rahman ◽  
Qotrun Nida

This study aims to describe how the role of LBH APIK Banten in providing legal protection for the society. Qualitative descriptive was used in this study. A Director, an Advocate, Management of LBH APIK Banten, and society who had been assisted in handling their cases by LBH APIK Banten were employed as the subjects of this research. Interviews, an observation, and documentation were used as data collection technique. Data reduction, data presentation, and drawing conclusions were employed to analyze the data of this research. Data validity was done by technical triangulation, source triangulation, and member check. The results revealed  that there was an active role from LBH APIK Banten in providing legal protection for the society including public services, social education, orderly legal improvement, and legal reform. So far, LBH APIK Banten has been provided legal protection for society who had violence against women and children by helping and handling their cases until they got a verdict. In carrying out its role in providing legal protection to underprivileged people, there were  obstacles definitely, where the cases handled by LBH APIK Banten were specific such a handling special cases of violence against women and children who had domestic violence, sexual harassment, abuse, rape, and children abuse. Surely, it was rarely reported by someone who had violence such as abuse, rape, domestic violence, etc in Banten. Therefore, there were slightly cases handled by LBH APIK because of the limited disposition of LBH APIK that handling specific cases of women and children then the lack of Human Resources and funds until very slightly in doing an activity, hampered by Legal Enforcement Officials (APH) and the lack of openness’ client in telling the cases’ chronology to the LBH APIK Banten.


2021 ◽  
Vol 4 (4) ◽  
pp. 77
Author(s):  
Md. Murad Hossain ◽  
Md. Asadullah ◽  
Abidur Rahaman ◽  
Md. Sipon Miah ◽  
M. Zahid Hasan ◽  
...  

The COVID-19 outbreak resulted in preventative measures and restrictions for Bangladesh during the summer of 2020—these unstable and stressful times led to multiple social problems (e.g., domestic violence and divorce). Globally, researchers, policymakers, governments, and civil societies have been concerned about the increase in domestic violence against women and children during the ongoing COVID-19 pandemic. In Bangladesh, domestic violence against women and children has increased during the COVID-19 pandemic. In this article, we investigated family violence among 511 families during the COVID-19 outbreak. Participants were given questionnaires to answer, for a period of over ten days; we predicted family violence using a machine learning-based model. To predict domestic violence from our data set, we applied random forest, logistic regression, and Naive Bayes machine learning algorithms to our model. We employed an oversampling strategy named the Synthetic Minority Oversampling Technique (SMOTE) and the chi-squared statistical test to, respectively, solve the imbalance problem and discover the feature importance of our data set. The performances of the machine learning algorithms were evaluated based on accuracy, precision, recall, and F-score criteria. Finally, the receiver operating characteristic (ROC) and confusion matrices were developed and analyzed for three algorithms. On average, our model, with the random forest, logistic regression, and Naive Bayes algorithms, predicted family violence with 77%, 69%, and 62% accuracy for our data set. The findings of this study indicate that domestic violence has increased and is highly related to two features: family income level during the COVID-19 pandemic and education level of the family members.


2020 ◽  
Vol 1 (2) ◽  
pp. 243-258
Author(s):  
Fence M Wantu ◽  
Mohamad Taufiq Zulfikar Sarson

This study aims to determine the extent of legal protection by the Women and Children Service Unit (PPA) of the Gorontalo City Resort Police Criminal Investigation Unit against women as victims of domestic violence and to find out what factors are obstacles to the efforts of the PPA Unit of the Criminal Investigation Unit Gorontalo Resort Police in tackling violence against women victims of Domestic Violence. Data collected through interviews and library research. Analysis of the data used is the data obtained will be analysed descriptively qualitatively describing the data obtained from field research (primary data), tested the truth then linked and analysed qualitatively with data obtained from library research (secondary). The results showed a form of legal protection by the PPA Unit of the Gorontalo Police Resort Criminal Investigation Unit against women as victims of domestic violence, namely preventive efforts by holding legal counselling in collaboration with the local government and further optimizing the performance of the Gorontalo City Resort Police Especially the PPA unit, repressive efforts that are in accordance with the rules of the Domestic Violence Protection Act. What factors hinder the efforts of the PPA Unit of the Gorontalo District Police Resort Criminal Investigation Unit in tackling violence against women victims of Domestic Violence, among others: Legal factors themselves, Law Enforcement Officers Factors, Factors or Facilities That Support Law Enforcement, Factors Society and Culture


Author(s):  
L. Rutyan

The article examines the issues of domestic violence of women, psychological and social determinants of this phenomenon. It is indicated that this problem is in the focus of attention of foreign and domestic scientists, as well as public authorities and non-governmental organizations. Attention is drawn to the fact that it is the sexual attribute that causes the woman to be a victim of various types of violence in almost all countries of the world. Lists of programs to prevent and combat violence against children, youth and women, which are funded by the leadership of the European Union, are listed. The factors that determine domestic violence in general and in particular against women are examined in detail. It is noted that violence against women affects the whole family. The main components of the program for the prevention of domestic violence against women are given. Promising areas for the prevention of domestic violence are listed.


Author(s):  
Enejda Osmanaj

The objective for gender equality policy is that women and men must have the same power to shape society and their own lives. While equality is an essential component of the human rights' protection, gender in equalities are still present in our society. One of the most serious violations of gender equality is violence against women. Violence against women is a form of discrimination, which is rooted in gender inequality. According to a study by INSTAT (2007), 27, 6% of women reported that violence had started after marriage. Abused women often were unwilling, to talk openly about domestic violence. in terms of urban versus rural differences, women in rural areas were significantly more likely to "ever" experience domestic violence of all types, compared to women in urban areas. There were also significant differences based on level of education. Women with a primary education were significantly more likely to "ever" experience domestic violence of all types, compared to women with a basic education or less, secondary education, and a university/post-university education. While women with a university/post-university education were least likely to "ever" experience domestic violence of all types, they were not immune to domestic violence in their marriage/intimate relationships simply because they were highly educated. Since 1993, Albania is part of Convention "On the Elimination of All Forms of Discrimination against Women" (1981) (CEDAW), in order to prevent gender inequalities, as well as to ensure wisely the protection of women from discrimination in higher levels. Other Albanian legal acts, as The Constitution of the Republic of Albania, the law no. 10 221/2010 "On Protection from Discrimination", the law no. 9970/2008 "On gender equality in the society" etc. intend to protect women, to prevent gender discrimination and to ensure gender equality. Albanian National Strategy on Gender Equality and Violence in Family (2011-2015) had also a great importance on setting some levels on gender equality. But unfortunately, gender discrimination and violence against women is still a very widespread phenomenon in Albania. Statistical data reflect a very cruel reality. Women's rights are an integral and indivisible part of fundamental human rights and a real, applicable, legal protection is needed.


Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 5-10
Author(s):  
Vesna Nikolic-Ristanovic

In this paper author elaborates macro and micro factors which contribute to emergence/aggravation of family violence in a circumstances of social transition, as well as factors which contribute to better protection, assistance and support to victims of violence. Therefore, author presents historical development of lobbying for legal reforms regarding domestic violence, as well as importance and broader context of new incrimination - Domestic Violence - in the legal system of Serbia and Montenegro. Also, in this paper author presents basic principles of the New Model for legal protection from family violence, made by the working group of the Victimology Society of Serbia, describing legal situation that existed before these changes and legal protection of victims after the reform. Author also indicates to an incomplete legal protection of victims - lack of possibilities for arrest, protective measures, restraining orders, and (voluntary or mandatory) treatment of abuser. The importance of monitoring of implementation and further improving of this and other laws is stressed out as well.


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