Domestic Violence against Men - Research Proposal Example

Word Count: 3972 Legal Research Proposal Background Domestic violence is a global epidemic which transcends national borders as well as class, racial, cultural and social-economic boundaries. Generally, the issue of domestic violence is viewed from the women-as-victims perspective. Globally, a lot of attention and lobbying has concentrated on protecting women from violence, which in most cases is orchestrated by men. However, there is very little that seems to be done to protect men from domestic violence. International declarations like the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) focus solely on eliminating discrimination against women, whether publicly or privately.1 Domestic violence cannot be termed as male or female, it is gender-based violence and can be against members of both genders. Dershowits2 assert that over 40 percent of spousal murders are committed by women. In most cases, instances of domestic violence against men go unreported because of societal and cultural norms3. The police have a general assumption that in domestic violence, women are always the victims and the males are always aggressors. Further still, there is a general perception among male victims that the courts are biased and would not offer them legal protection4. The effects of domestic violence on male victims is greater since there is little or no legal and social support. There is an overwhelming focus of international law and domestic law on women as the victims of domestic violence.5 There is also a resounding historical reluctance to acknowledge and deal with domestic violence targeting men. There is lack of accurate data on the number of domestic violence cases against men and the legal support available to address it. Literature Review Domestic Violence Given the history and common nature of domestic violence, it has been described as gender-based violence that abuses, tortures and kills women physically, sexually, psychologically and economically.6 Mohinuddin describes domestic violence as a discrimination against women, which hinders them from enjoying their freedoms and rights.7 However, domestic violence is not gender specific and is not only orchestrated against women. Thus domestic violence is gender-based and can be committed against either males or females. It is connected with the family and homes and it occurs in the private sphere. According to Kaur and Garg, domestic violence can be described as the power misused by one adult in a relationship to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. This violence can take the form of physical assault, psychological abuse, social abuse, financial abuse or sexual assault8 The U. S Department of Justice adds another dimension to the domestic violence definition. They aver that domestic violence happens between intimate partners.9 Hasselbacher says that domestic violence is meant to hurt, threaten, humiliate, intimidate, coerce or manipulate someone.10 The United Nations declaration defined domestic violence as violence against women. It described domestic violence as actions and omissions that take place in relationships. Domestic violence is often referred as gender-based violence which “inherently violate the rights of bodily integrity and security of the person”11 Domestic Violence against Men After analysis of more than 200 articles on gender violence, Straus found out that “there is symmetry between men and women in perpetration of physical violence against a spouse or dating partner…and in the motives and risk factors for partner violence.”12 Susan Steinmetz carried out numerous investigations on domestic violence and concluded that both male and females were victims of domestic violence, but cases of male victims were highly underreported.13 1.2 million Women and 0.7 million men in England and Wales have experienced domestic abuse.14Correspondingly, there was a 163.74 percent increase in the number male victims of domestic violence in Scotland between 2004 and 2013, according to police records.15 In developed countries like the UK, U.S, Australia, Canada and New Zealand, there is a domestic violence prevalence of between 5 and 20 percent in all heterosexual relationships.16 The prevalence rates are high among the young in intimate relationships. There are equal levels of violence that is committed by both sexes17. Similarly, Steinmetz’s study concluded that there is equal frequency of acts of domestic violence to occur between spouses18. As such, domestic violence is reciprocal and symmetrical.19 Although statistics reveal a high number of males suffer from domestic violence, there are very few cased that have been reported because of the perceived negative attitude and the ‘taboo’ nature of this issue20 Men suffer different forms of domestic violence. Physical abuse is the most common type of violence which include pushing, choking, damage of property, twisting of limbs, punching and breaking of bones, among others.21 Sexual abuse is also a common form of domestic violence that men are victims of. Studies on law and violence against men have majored on sexual violence, mostly in armed conflict zones.22 This kind of abuse involves forcing someone to perform sexual acts or have sex against their will. This form of violence is the most intrusive and the hardest to disclose.23 Men also suffer domestic violence in the form of psychological or emotional abuse – degrading or humiliating someone both in public or private. It also involves limiting one’s freedom to family and friends.24 International Law on Domestic Violence International laws consists of agreements and treaties between nations that guide how they relate with each other. The international agreements become law for the nation states that ratify them.25 International treaties consist of “multilateral treaties, international declarations, resolutions, and recommendations, which have been adopted by the United Nations by other international organizations.”26Although domestic violence is deeply rooted in most countries, there is no effective legal standards that fully address the problem. The International Human Rights law has been used in tackling domestic violence issues. International human rights law contain rules and laws that are aimed at protecting the rights of human beings in regards to life, liberty and prosperity.27 Although it has had achievements, there are potential conflict as well in regards to domestic violence28 The International Bill of Human Rights include three major declarations that are pertinent to domestic violence; the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. These declarations offer a framework for fundamental human rights. These rights include the rights of victims of domestic violence, whether male or female. Although these declarations have been used majorly for female victims of domestic violence, they can be invoked by male victims seeking legal redress from domestic violence. The UDHR provides for gender equality and freedom from gender-based discrimination. The signatories to UDHR have the obligation of recognizing that all human beings are entitled to all the rights that are outlined without discrimination of “race, colour, sex, language, religion, political or other opinion, national or social origin, property or other status”29 UDHR also sets the tone that all people should get equal protection of the law. One important provision of UDHR is the freedom from degrading or inhuman treatment or torture, which is key in domestic violence issues. However, as Vesa says “declarations like UDHR are not legally binding unless they are seen as part of customary international law.”30 Nonetheless, there is an argument that all United Nations members are bound by this declaration since they contain authoritative interpretation of the commitments to human rights enclosed in the United Nations charter.31 The International Covenant on Economic, Social and Cultural Rights (ICESCR)32 is commonly used to defend the economic, social and cultural rights of women, however, it also offers an avenue for legal redress for victims of domestic violence. Some provisions like Article 12 uphold the right of everyone to enjoy physical and mental health.33 In this regard, state parties have the duty to protect the physical and mental health of men in instances where their partners are abusive. Although the provisions of the covenant have been applied in cases where economic, social and cultural rights have been infringed, they can be employed to protect the men’s rights. For instance, as already discussed, social and cultural perspectives have been the most cited hindrance to reporting of domestic violence cases. Article 12 provides legal remedy and protection on the social and cultural dilemmas that male victims of domestic violence face. The International Covenant on Civil and Political Rights (ICCPR) delineates fundamental human rights like the right to life, freedom from gender discrimination and freedom from torture34. Article 6 of ICCPR outlines the right to life for both men and women. Additionally ICCPR provides for the right to legal protection. The parties that have ratified the covenant have the duty to ensure that all people within their territories do not face any kind of discrimination.35 Additionally, under article 14 and 16, all individuals (male or female) have the right to be treated equally before the courts and have the right to be recognised by the law.36 Article 23 specifically focuses on the context where domestic violence takes place – the family/home. It states that “state parties to the present covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage and to its dissolution”37 The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) bans any form of torture, degrading or inhuman treatment against any person.38 According to CAT torture is pain or suffering, mental or physical performed by a public official to obtain information from a person. Non-governmental organizations like Amnesty International have opined that domestic violence can constitute torture. Amnesty International compared the kind of harm women go through in the hands of state agents as equal to the harm they go through from domestic violence. In this regard, under CAT state parties have the obligation of preventing torture, cruel or degrading treatment to any person, whether in public or private. The Rome Statute of the International Criminal Court contains provisions for various sexual offences for both males and females. Article 54 (1) require mandates the Prosecutor to thoroughly consider the nature of crime if it includes gender or sexual violence. On the other hand, customary International Law come in force through countries and states enforcing and adhering to international declarations and treaties, through coming up with domestic legislation that corresponds to the provisions of the treaties and declarations.39 According to Stark40, by applying the customary international law, countries and states can be held responsible for failing to prevent or tolerating domestic violence. Hindrances to implementing international laws on domestic Violence In most countries, cultural relativism is the major hindrance to tacking domestic violence. Underreporting of domestic violence incidences against men has been cited as the single most hindrance to the cases being handled by the law. There are several reasons why male victims of domestic violence do not report. First, traditional gender roles in societies and the stigma that comes with it where a man is seen as weak for admitting to falling victim to a woman. Lehane41 says that in most societies, a man seeking help for domestic violence is seen as a laughable situation. In turn, the man suffers guilt and shame. While the male victim of domestic violence is treated with disbelief and contempt his female counterpart is treated with sympathy and support. Secondly, most victims of domestic violence fear being victimized by the police since are biased that males are the aggressors in domestic violence cases. This bias has been reinforced by the media which has continually portrayed females as the only victims of domestic violence and the men as always the aggressors.42 Research Question This research will be seeking to answer the question: How much legal support/solution does the international law offer male victims of domestic violence, and is it adequate? The study wants to find out whether international laws adequately protect male victims of domestic violence. Additionally, the research will find out how much legal consideration domestic violence against men receives. In so doing, it will find out if there are gaps and weaknesses in the laws which in turn will in turn provide avenues for improvement and reform of the law. Significance of Research Question Although there is a general agreement that domestic violence is a widespread problem across cultures, it has for a long time been considered as a private matter. Thus it has been dealt with within families and homes and has not been considered a matter of public policy. Literature surrounding the domestic violence issue shows that, it took a long time, series of lobbying and feminist critiques for domestic violence (against women) to be considered a human rights violation. Traditional gender roles confined women to the home and their issues could not be discussed in the public sphere. Coincidentally, the same gender roles and stereotypes that kept the women issues in the private sphere are the same issues that keep domestic violence against men a private issue. While traditional gender roles five men more freedom to operate in the public sphere, they consider the man as an object of authority and power. In this regard, men would not risk exposing their ‘weaknesses’ for being victims of domestic violence. The aim of this research is to inform the legal fraternity, especially the international law, of the difficulties faced by male victims of domestic violence, and show how much a solution the international law offers to these men. In turn, the research will reveal if enough is being done legally to tackle domestic violence. Finding out the kind of legal support available within the international law would be instrumental in encouraging more men to report domestic violence cases. This is in a bid to tackle this menace, even as cases of domestic violence against men continue to increase globally. Most of the international declarations used in fighting domestic violence against women were put in place and ratified after ongoing outcry of the suffering women were facing. It is thus right to conclude that if appropriate outcry could be raised on the suffering men face from domestic violence, then legal protection apparatus could be erected, which would address present concerns and protect men from future domestic abuse and violence. Research Method The research will employ the doctrinal approach which entails carrying out a systematic exposition of a legal issue.43It will systematically analyse the provisions available in international law that deal with domestic violence against men and its application. The research will also include a reform-oriented approach where it will evaluate the adequacy of international law in tacking domestic violence against men and recommend changes in instances where the provisions and their applications could be found wanting44 The study will use materials available in Macquarie University library, online search, databases that contain domestic and international law as well as other authorised texts. Through the preliminary literature review already carried out, the writer will come up with a table of key terms which will guide the search for materials. Peer reviewed journals, books and cases will be the primary materials preferred. Using a structured approach, the researcher will analyse literature with the themes of Domestic violence against men Spousal abuse and violence against male partners International law on domestic violence against men Application of international law in cases of domestic violence Hindrances to application of international law on domestic violence cases against men Research Plan Submission of Proposal ………………………………………. 1November 2016 Refinement of project considerations…………………………..30 November 2016 Literature Search ……………………………………………….30 January 2017 Ethics clearance…………………………………………….…...15 February, 2017 Literature review………………………………………………..15 October 2017- 15 March 2017 Analysis of literature……………………………………............15 April, 2017 Conference Presentation………………………………………...15 May, 2017 First draft………………………………………………………...30 May, 2017 Revised draft……………………………………………………..30 June, 2017 Final submission…………………………………………............30 July, 2017 Expected Findings One may not predict with certainty the specific findings of this research. But from preliminary literature review, several outcomes can be inferred: Domestic violence against men is present but due to social and cultural norms, they are not reported or documented and consequently not addressed Due to the low reporting rate of domestic violence against men, little is known about the legal support systems available internationally The international law has provisions which could be used to deal with domestic violence against men, but they are not adequate and their actual applications are minimal This research will thus be calling for reforms in court systems and the international law in order to provide adequate legal support for male victims of domestic violence. It will also advocate for robust global awareness creation around this issue. 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