COVID-19: INDIA’S RESPONSE TO DOMESTIC VIOLENCE NEEDS RETHINKING

2020 ◽  
Author(s):  
Shalu Nigam
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Women Workers ◽  
Violence Against Women ◽  
The State ◽  
National Commission ◽  
Women And Children ◽  
The Government ◽  
To Come ◽  
Health Rights

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

scholarly journals A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Devran Gülel
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Critical Assessment ◽  
Due Diligence ◽  
European Court ◽  
Regional Organisations ◽  
The Government ◽  
Istanbul Convention

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

scholarly journals International Responsibility of the State and Human Rights: The case of the Maria da Penha Law in Brazil

2020 ◽  
pp. 57-70
Author(s):  
Karen Vanderlei Macêdo
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
The State ◽  
International Institute ◽  
Organization Of American States ◽  
American States ◽  
Brazilian State ◽  
Central Objective ◽  
International Responsibility

The central objective of this article is to analyze the International Responsibility of the Brazilian State in the case of violence against women, in particular, to the case that became emblematic in Brazil and outside it, which was the involvement of violence against Maria da Penha Maia Fernandes practiced by, today, her ex-husband. Here the reference is the case 12,051 (Maria da Penha Maia Fernandes v. Brazil), which was opened on August 20, 1998 by the Inter-American Commission on Human Rights of the Organization of American States (OAS). From the intersection between domestic violence committed against Maria da Penha Maia Fernandes and the Institute of International Responsibility, it was verified how the application of an international institute, through the Inter-American Commission on Human Rights of the Organization of American States (IACHR-OAS) influenced the creation of legislation that ensures women’s rights in the Brazilian State.

Women and Postconflict Security: A Study of Police Response to Domestic Violence in Liberia

2015 ◽  
Vol 11 (03) ◽  
pp. 478-498 ◽  
Author(s):  
Peace A. Medie
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
International Organizations ◽  
Partner Violence ◽  
Psychological Trauma ◽  
Intimate Partner ◽  
Physical Injuries ◽  
Women And Children ◽  
The Government ◽  
National Police

Domestic violence or Intimate partner violence (IPV) is the form of violence against women (VAW) that is most reported to the police in Liberia. This violence cuts across class, ethnic, religious, and age lines (Liberia Institute of Statistics and Geo-Information Services, et al. 2008) and results in psychological trauma, physical injuries, and, in some cases, death. Societal beliefs that frame domestic violence as a regular part of life serve to legitimize and foster the problem in Liberia (Allen and Devitt 2012; LISGIS et al. 2008) and pose a challenge to the state and to international organizations (IOs) and women's nongovernmental organizations (NGOs) that have introduced measures to combat domestic violence since the end of the country's 14-year civil war in 2003. One such effort is the Women and Children Protection Section (WACPS) of the Liberian National Police (LNP), established by the government in collaboration with the United Nations Children's Fund (UNICEF) and other international partners in 2005. Although the section was established primarily to address rape, its officers are mandated to investigate all forms of VAW, including domestic violence.

Violence Against Women in South Africa

2012 ◽  
Vol 18 (5) ◽  
pp. 580-594 ◽  
Author(s):  
Ramadimetja S. Mogale ◽  
Kathy Kovacs Burns ◽  
Solina Richter
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Sexual Offense ◽  
The Government ◽  
Forms Of Violence

Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.

scholarly journals Integrated Service Center as a Media for Child Legal Protection: a Lessons from Sidoarjo, Indonesia

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Andreina Nandya Agung Putri
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Legal Protection ◽  
Analysis Data ◽  
Service Center ◽  
Child Victim ◽  
Related Literature ◽  
Prevention Service ◽  
Women And Children

Indonesia ensure the welfare all of the citizens, including the protection Violence against women and children is a violation of human rights. The purpose of this research is to know the service procedure, that is given by P2TP2A to child victim of violence in the household and P2TP2A efforts in tackling domestic violence. This research used a sociological yuridistmetode whit analysis data that collected from describing by observation, interview and documentation as well as literature-related literature. Researchers took samples from Sidoarjo P2TP2A and then analyzed. The results of the research conducted it can be known procedure P2TP2A service victims can report to P2TP2A directly, via the hotline as well as public complaints and media directly. Next, P2TP2A in tackling domestic violence carried out some activities include prevention, service, and rehabilitation. The benefits of this study are expected to provide an understanding of solutions related to the implementation of which can be done P2TP2A appropriate in implementing the protection of children who experience KDRT.

Domestic Violence again Women in Sri Lanka: The Role of Primary Health Care in Complementing Human Rights and Legal Responses

2007 ◽  
Vol 13 (1) ◽  
pp. 52 ◽  
Author(s):  
Loshan N Moonesinghe ◽  
Simon Barraclough
Keyword(s):  
Health Care ◽  
Domestic Violence ◽  
Human Rights ◽  
Primary Health Care ◽  
Sri Lanka ◽  
Violence Against Women ◽  
Service Providers ◽  
Legal Rights ◽  
Primary Health ◽  
The Government

Using an analysis of primary documents and secondary sources, the problem of domestic violence against women in Sri Lanka is surveyed from the perspectives of public health, as well as human and legal rights. The limited Sri Lankan literature on the measurements, context and prevalence of such violence, as well as legislation for its prevention, is reviewed. Responses to the problem by the government and non-government organisations are described. These include using international organisations, forums and conventions to further the human rights dimensions of the problem, the establishment of support services and domestic legal reforms to accord greater protection to women. While The Prevention of Domestic Violence Act 2005 gave legislative recognition to the problem and put into place some welcome reforms, it lacked a comprehensive response to the problem. It is argued that health service providers need to be trained to be aware of domestic violence as the potential cause of physical injuries and mental conditions and that the medical record should document the circumstances and nature of domestic violence. Hospital outpatient departments should offer counselling, referrals to crisis centres and shelters, and should collect sex disaggregated data on domestic assaults. Finally, primary health care workers can both support women in dealing with domestic violence as well as performing a sentinel role in prevention. Specific and comprehensive public policy on violence against women must be developed to allow the health sector to play its role within a context of inter-sectoral collaboration.

COVID-19, LOCKDOWN AND VIOLENCE AGAINST WOMEN IN HOMES

2020 ◽  
Author(s):  
Shalu Nigam
Keyword(s):  
Domestic Violence ◽  
Gender Equality ◽  
Violence Against Women ◽  
Just World ◽  
Essential Services ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
Safe Zones

COVID-19 has imposed mandatory lockdowns in many countries including India. However, since the lockdown has been imposed, attention is being focused on its economic repercussions and on providing food and shelter to poor and migrants. But the pandemic has exposed vulnerabilities and created challenges at other fronts too. More specifically, women’s lack of autonomy in the patriarchal homes is further getting reduces when today, `homes’ which are no longer merely seen as comfort zones, but during the lockdown, homes are evolving as spaces where people are working from home and earning their livelihoods, children are attending classes and other activities are being coordinated. Violence in such homes against women and children is rising during the lockdown. Women and children trapped within homes with the perpetrators of violence are facing severe abuse. In order to combat the situation and to make homes as safe zones, special measures are required. The government needs to declare domestic violence as `essential services’ and must take steps to provide immediate relief to women and children. In the long term, the need is to address entrenched structural discrimination in order to ensure gender equality within homes. Lockdowns may be interpreted in different ways. One is to lockdown our collective imaginations and allow the pre-existing stereotypical gender notions to continue and reiterate, or it could be, to isolate the world from the patriarchal notions and to reimagine a violence free gender just world.

scholarly journals Protecting Women from Domestic Violence: Socio-Legal Approach to CEDAW Bill in Indonesia

2020 ◽  
Vol 27 (2) ◽  
Author(s):  
Alfitri Alfitri
Keyword(s):  
Domestic Violence ◽  
Gender Role ◽  
Violence Against Women ◽  
The State ◽  
National Commission ◽  
Legal Analysis ◽  
The Reformation ◽  
Marriage Laws ◽  
Religious Courts ◽  
Islamic Marriage

Despite the enactment of a specific law on domestic violence, the elimination of violence in the household is still an elusive target in Indonesia. A large number of Muslims’ divorces in the Religious Courts, for example, have involved domestic violence according to the National Commission on Anti Violence against Women. This article aims to discuss the opportunity and challenges of the elimination of domestic violence in the Indonesian Muslim Society. Employing both normative and socio-legal analysis, it finds that the state is unable to resolve the existing conflict between the requirements of the Law – which oblige the state to amend conflicting legislation – and the provisions of both civil and Islamic marriage laws which open the possibility of violence against women in the household. These include gender-role stereotypes, the fuzziness of the obedience concept (nushuz) and linking maintenance to a wife’s obedience, and the ambiguity of marriage validity. This necessitates the reformation of Indonesian marriage laws.

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