Violence against women - Essay Example

Violence against Women Domestic violence is an issue of international concern and has been in the public realm for a very long time. A majority of those affected are women, both married and single women as well as divorced and those separated from their partners (Peter et al, 445). Domestic violence can either be psychological or physical and affects women of all races, and social classes. Several countries developed various policies, rules and regulations in order to overcome this serious social problem or challenge (Peter et al, 445). Domestic violence against women reaches all the socioeconomic levels. Poverty, education background as well as culture and religion have contributed largely to cases of domestic violence against women in different parts of the world (Peter et al, 446). There is an urgent need for a clear solution to this social problem and create an environment where both men and women respect each other and shun any forms of violence. This essay examines various literature detailing cases of domestic violence against women from various parts of the world in a bid to showcase the magnitude of the problem and provide solutions based on the cases studied. The essay will also attempt to give an overview of the policies, rules and regulations enacted in various jurisdictions to cub the problem of domestic violence against women. A historical perspective of domestic violence against women can be traced back to the 20th century with the emergence of women’s movements aimed at bringing issues affecting women to the forefront in the context of feminism and women’s rights (Peter et al, 455). Attention was drawn towards the concern of the wives being beaten by their husbands. The political agitations occurring in the countries of United States and United Kingdom led to amendments in both legislation as well as popular opinion. Jordan has attracted international attention in the recent years as far as violence against women is concerned. In Jordan for instance, honor killing is almost a normal thing. Honor killing refers to the killing of women by their partners (Peratis 15). Women risk their lives if they are alleged to engage in certain acts considered immoral in the community such as adultery. Culturally, women who engage in such shameful acts are humiliated and even killed ruthlessly in order to serve as an example to other women who may engage in such acts (Peratis 15). There are several reported cases in Jordan of women who have been battered and in some instances killed by their own husbands. In a male dominated society such as Jordan, men are always left to go scot free if found engaging in similar acts (Peratis 15). The legal structures in Jordan do not expressly deal with the issues of violence against women. This has led to concerns over whether the authorities in the country support domestic violence. In Brazil, the situation is almost similar to the experiences of women in Jordan. For a very long time, women have received inconsiderable support from authorities in Brazil when they report cases of domestic violence (James 23). Lawyers always seem to argue their case up and keep men out of punishment for violence against women. The legal structures in the country have lots of grey areas that need to be cleared in order to ensure that women enjoy mutual respect and love in relationships. Cases of honor killing often drag for so many years therefore delaying justice (James 23). In a recent ground breaking and historical judgment, a Brazilian court ruled in favor of women in an honor killing case by stating that a man who kills his wife can never be acquitted (James 23). This judgment is expected to give Brazilian women a glimpse of hope in to the future. The concept of human rights emerged from the idea of the political theories prevalent in the western world about the rights of humans to freedom and autonomy (Lila 119). It can be stated that the emergence of the human rights aimed to protect the individual and the state. The human rights stay responsible for the individual rights and accountable towards disrespect of those rights. The impact of the division in private/public in international law can be found in domestic violence (Lila 123). Some of the laws are gender neutral however the applications are gender biased. The domestic Violence Act of 2005 for protecting women defines domestic violence as injuries, harms or mental or physical abuse, sexual abuse caused towards women with a definite intention to do so or harasses the women either emotionally or verbally in order to get women involved in fulfilling in any kind of unlawful demand like dowry or valuable security or property (Lila 128). Violence against women encompasses physical or psychological violence taking place within a family or abuse of girl child within the family. Violent behavior against women is perhaps the most all-encompassing form of human rights. It is unaware of any boundaries of geography or wealth. United Nations Human Rights Committee and Human Rights’ Inter-American Court developed a foundation for holding the responsibility of state. In terms of private violence international law regulated takes action. However, it is impossible or all the countries to follow this rules and regulation. Therefore, United Nation developed the rationale. The very first case develops the rationale regarding violence against men. The case is recognized as “Velasquez Rodriguez Case” (Peter Easton, et al 287). The case was based on kidnapping. According to the Article 1, the obligation was violation of the human rights. The freedoms and rights of an individual needs to be respected and protected. Most importantly state Judiciary body should take care of this. However, this article specified the obligation which is assumed by the state parties in terms of each and every bright and reported claim. The Committee on the Elimination of Discrimination against Women (CEDAW) recommended several policies regarding rights and freedom of women. According to the recommendation of CEDAW, the women should avail the right to life and freedom (CEDAW, 446). They have the rights to present their speech with full freedom and they should expect and avail the right to security, liberty and equal protection. In addition to this, according to the law they should avail the right of favorable wok conditions, and standard physical and mental health. The violence against women is treated to be a gender based violence against women which includes the acts that causes harm to women in their private and public life (CEDAW, 446). The threats faced by the women due to such acts of physical, sexual or psychological abuse are prevented by the declaration by the UN general Assembly on the eradication of violence against women. The DEVAW specifies the various forms of violence imposed on women and the rights of women that empowers them to prevent such acts that imposes physical, psychological as well as sexual threats to them (CEDAW, 444). The declaration recognizes the right for women to enjoy equal freedom and protection as human rights features. These rights of women include the right to liberty, equality, life and security, equal protection under the law, just and favorable conditions, protection against cruel and inhuman treatment, etc. The declaration also demands the role of the state in taking active part in condemning the violence against women and not undertaking any custom or religious role or and other obligation to avoid the role of protecting women against violence. The declaration also holds the state responsible to frame civil, penal, labor and administrative sanctions to protect the rights of women against the acts of violence. The Inter-American convention aims for the eradication of the violence against women (VAW) through measures of prevention and punishment. The convention interprets any act of gender-based violence in terms of physical, psychological and sexual exploitation against women in public or private life as violation of human rights. The convention emphasizes that every women has the right to be free from violence of any form in life. The various in the life of women , namely right for individual respect, right to integrity, right to inherent dignity, liberty to profess any religion, and enjoy liberty in every sphere of cultural, political and social life. The States are required to take active measures in protecting the women of the society against acts of violence. The states are also required to mentions the measures taken by them and the difficulties faced by them in the annual reports to be submitted to the Inter-American convention. The states and the Inter-American commission for women may approach the Inter-American courts for human rights to interpret the provisions in the convention. The Coomaraswamy report identifies the roots of women subordination as historical power relations in the society and then points out the several causes and consequences of violence against women in the society. The role of the State has been identified as a significant factor in the prevention of violence against women. A passive role of the state may lead to increased violence while an active part played by the State in preventing violence against women makes a big difference. The prevalence of drug abuse, transfer of activities of violence from one generation to the next, economic factors such as unemployment, economic dependence, social stress and cultural prejudices are causes of violence against women. The report also takes into account the global perspectives and the actions taken in several jurisdictions on the violence against women. The action of police force and the legislative framework play as a major role in the prevention of violence against women. The gender neutral approach has been effective with the authoritative role of the state civil authorities in several jurisdictions. Rather than depending on the legislative and juridical framework for punishment of the offenders, the state civil authorities focused on establishing shelters and reliefs for the victims as direct forms of protection and rehabilitation. This gender neutral approach has shared the burden on the juridical system and allowed the path for smooth and quick justice. The women also have the right to file a petition for civil rights and protection. Looking at the increasing domestic violence on women, the criminal laws in favor of women have been set up in order to enforce the gender neutral approach. In conclusion, from the articles examined in this essay, it is very evident that the issue of domestic violence is attracting more attention on the global scene and is a major issue of social concern. Domestic violence, both in public and private, has elicited interests from the United nations General Assembly. The Assembly has been at the forefront at proposing policies and regulations that aim at elevating the status of women in the society. Various lobby groups have come up in various parts of the world to sensitize communities about the need to shun domestic violence against women. With a lot of attention being given to most affected societies such as Jordan and Brazil, there will be pressure on them to improve on their legislation to protect women. Various steps are being taken to ensure women are protected against acts of violence. There is hope that the future will be better for women even in the most affected societies. Works Cited James Brooke, ‘Honor’ Killing of Wives is Outlawed in Brazil, Rio De Janeiro: The new York Times, March 26th, 1998.Print. Lila Abu Lughod, Do Muslim Women really Saving? Anthropological reflections on cultural relativism and its others, University of California Press, 2000. Peratis, Kathleen. Honoring the Killers: Justice Demand for “Honor Crimes” in Jordan. New York: Human Rights Watch, 2004. Print. Peter Easton, Karen Monkman, and Rebecca Miles, Social Policy from the Bottom Up: Abandoning FGC in Sub-Saharan Africa, Development in Practice, 13 (5), 445-458, 2003. The Committee on the Elimination of Discrimination against Women (CEDAW), 18, 442- 444. Read More