European
Economic and Social Committee
SOC/218
Domestic
violence against
women |
Brussels, 16 March
2006
OPINION of the European
Economic and Social Committee on Domestic violence against
women (own-initiative
opinion) |
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99
rue Belliard, B-1040 Brussels - Tel. +32 (0)2 546 90 11 - Fax +32
(0)2 513 48 93 - Internet http://www.esc.eu.int | |
On 14 July 2005, the European Economic and
Social Committee, acting under Rule 29(2) of its Rules of Procedure,
decided to draw up an own-initiative opinion on
Domestic violence against
women
(own-initiative opinion).
The Section for Employment, Social Affairs and
Citizenship, which was responsible for preparing the Committee's work on the
subject, adopted its opinion on 22 February 2006. The rapporteur was
Ms Heinisch.
At its 425th plenary session, held on 15 and 16
March 2006 (meeting of 16 March), the European Economic and Social Committee
adopted the following opinion by 99 votes in favour, with two
abstentions:
*
*
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1.
Conclusions and recommendations
1.1
Domestic violence by men against women, whether physical or
psychological, is one of the gravest violations of human rights: the right to
life and to physical and psychological integrity. Since the roots of such
violence lie in the unequal balance of power between the sexes that still
characterises our society, it affects women at all levels of society. As a
result, the overall development of a democratic society is held back. That is
why one of the most important functions of a European policy based on respect
for fundamental human rights is to prevent such acts and to establish effective
educational, preventive, law enforcement and support
procedures.
1.2
The following comments are addressed to the EU Council presidencies and
the Commission:
The safety and equal treatment of women, which are inherent fundamental
human rights, must be basic conditions and minimum requirements for all
countries that are, or wish to become, EU members. The EESC therefore urges the
presidencies of the EU Council to continue energetically addressing the issue of
domestic violence against women.
1.3
To the Commission, Directorate-General for Employment, Social Affairs and
Equal Opportunities:
Although the main responsibility for combating domestic violence lies
with the Member States, the EESC believes there is urgent need for a
pan-European strategy given that the responses of individual countries
vary widely.
·
Since
domestic violence against women not only reflects gender inequality but also
creates it, the EESC calls on the Commission to draw up a comprehensive strategy
to address the problem, based on existing treaty provisions.
·
The
starting-point for such a pan-European strategy should be a preliminary EU-wide
study on the prevalence of domestic violence against women, its impact on
individuals and society, and its financial costs.
·
Given
that domestic violence mainly has to do with the issue of gender equality, and
that the Directorate-General for Employment, Social Affairs and Equal
Opportunities is responsible for this area, we propose that it should be asked
to lead the effort to develop a pan-European strategy within the Commission.
1.4
Domestic violence against women can only be effectively addressed at the
appropriate national level. Each Member State should therefore draw up a
national action plan for combating domestic violence against women in the light
of the planned pan-European strategy; this plan should envisage specific
measures and deadlines for the practical implementation of the strategy with
particular emphasis on the following (with timetables and information on
resources available):
·
national
legal provisions, especially with respect to the police and legal
systems;
·
statistical assessment of domestic
violence;
·
measures
to help and support actual and potential victims of domestic violence,
especially from the point of view of empowerment. These should include
specific measures relating to the employment market and the
workplace;
·
victims
of domestic violence from specific population groups, such as immigrants or
older women and very young women;
·
preventive and punitive measures aimed at the
perpetrators;
·
all
measures and ideas should be planned and carried out on a networked,
inter-institutional and cross-departmental basis;
·
given the
key role of non-governmental organisations in preventing domestic violence
against women, organising information campaigns and training courses, providing
help and support for victims, and dealing with perpetrators, they should be
supported financially and organisationally, without exempting governments from
their responsibility for combating domestic violence;
·
it is
also important to ensure training of legal, law enforcement, educational, mental
health, medical and welfare professionals whose task is to identify domestic
violence at an early stage and provide adequate help to the people
affected;
·
appointment of national rapporteurs to collect,
exchange and process information and statistics on domestic violence against
women; and promotion of best-practice sharing between the Member States,
accession countries and candidate countries;
·
the
national action plans and measures and ideas contained in them should be
publicised through information campaigns.
1.5
To the Member States:
The EESC believes it is urgently necessary to monitor the implementation
of the proposed measures. Particular attention should be paid to the willingness
of victims and witnesses of domestic violence to report it, since this is an
indication of trust in the police, the legal system in general and social
services.
1.6
In order to grasp the extent of domestic violence against women, raise
public awareness of the problem and devise effective institutional responses,
data and statistics are needed at Member State level, though statistics can
obviously never evince all the implications of a problem like domestic
violence.
1.7
To the Commission, Eurostat, the recently established European Institute
for Gender Equality and the Member States:
The EESC believes that reliable and comparable statistics on domestic
violence should be compiled without delay in all the Member States, accession countries and candidate
countries. Work should begin immediately on developing the necessary
arrangements and provisions.
1.8
To the Member States and the
EUCPN:
The EESC believes it is absolutely essential to find new solutions for
combating domestic violence against women using preventive and punitive
measures, and to provide for sharing of information between the Member States
and at European level on projects and measures relating to good practice.
It believes that using the national media to hammer home the message that the
victim is not at fault could encourage them to speak out about the incidents
they have had to endure, which is the first step towards empowerment. The Member
States should endeavour to harness the media to provide information about
rights, procedures and victim support facilities.
2.
Explanatory statement
2.1
Extent, causes and effects of violence against
women by men
2.1.1
Male violence against women has evolved over the past 40 years from a
taboo subject, regarded as the private concern of the woman involved, into a
social problem which is fiercely debated in the public arena and in the context
of criminal policy. The women's and feminist movement has been (and is) a key
player in this re-appraisal, drawing attention emphatically and repeatedly to
the prevalence of male violence against women in the home and to the
unsatisfactory response of official bodies and institutions.
2.1.2
Domestic violence against women is not a private problem of women, but
one of social policy, and is related to the fact that women suffer structural
disadvantages and discrimination in a society which is still dominated by men.
The problem exists in all countries and all social classes, though to varying
degrees. It affects women's ability to enter or return to the world of work
and/or their ability to perform their working duties
fully.
2.1.3
According to the 2002 World Health Organisation report "Violence and
Health", which analyses 48
studies on the prevalence of violence against women, between 10% and 69% of
women (depending on the country and assessment method) have been physically
attacked by their husband or partner. In Europe, the German Federal Ministry for
Family Affairs, Senior Citizens, Women and Youth published a study in 2004
entitled "The living Conditions, safety and health of women in
Germany", which on the basis of
various European studies arrived at figures for violence against women of
between 7% and 45%.
2.1.4
It is important to bear in mind when interpreting these statistics that:
(1) they are extremely incomplete, and (2) their comparability, if any, is very
limited. Data is based on different definitions of "violence against women";
data collection methods and sample sizes diverge significantly; and, above all,
women vary widely in their willingness to provide information about violence
inflicted on them by their partners. However, it can be concluded from the
available data that male violence against women exists in all countries of the
world, including the Member States of the European Union, and that the extent
(prevalence) of such violence is in all countries considerably greater than the
statistics would indicate.
2.1.5
It is now undisputed that the type and extent of male violence against
women depends on the existence of patriarchal power structures and the gender
roles in the society concerned, which is largely determined by those structures.
Male violence against women is a phenomenon whose immediate causes lie in social
structures, in this case the inequality between men and women. Lack of gender
equality also explains why this type of violence is not adequately studied and
prevented, and its perpetrators prosecuted. This means that the social processes
of equal rights and gender equality, and the recognition of equal rights and
freedom for women, are of key importance in reducing such violence. Women's
social status, their education and career prospects, economic/financial
independence from their partner, and overall degree of social inclusion are
decisive factors in enabling them to live an autonomous life with less risk of
being subject to domestic violence.
2.1.6
There is also clear evidence that violence against women has considerable
psychological, psychosocial and health implications, for instance in terms of
its effects on the healthcare system and the employment
market.
2.2
Relevance to the European Union of domestic
violence against women
2.2.1
A milestone on the road towards re-evaluating violence against women was
the UN's Fourth World Conference on Women held in 1995 in Beijing (China), in which all the Member
States of the European Union took part. Their representatives and the other
conference participants adopted the Beijing Declaration and Platform for Action,
in which they decided to take measures to prevent and eliminate violence against
women.
2.2.2
Although it is the responsibility of the Member States to implement these
measures, efforts have been made at European Union level to support them in
their task. The emphasis here has been on the issue of domestic violence against
women, as well as trafficking in women (see also the report "Beijing + 10 1995-2005",
published by the European Women's Lobby 2004).
2.2.3
Recent measures at European level include the
planned implementation of a Council of Europe decision on the Warsaw Summit of
16 and 17 May 2005: "The
Council of Europe will take measures to combat violence against women, including
domestic violence. It will set up a task force to evaluate progress at national
level and establish instruments for quantifying developments at pan-European
level with a view to drawing up proposals for action.
2.2.4
A report on the current situation as regards combating violence against
women and future measures, drawn up by the Committee on Women's Rights and
Gender Equality, is being discussed by the European Parliament.
2.3
Analysis and proposals of the
EESC
2.3.1
There is no question that there has been action at EU level in the past
few years on the issue of domestic violence against women. Such violence is
recognised as a problem in all the EU Member States, and programmes and
measures have been introduced to raise awareness about domestic violence and to
prevent and contain it. The accession countries have also recognised the problem
and are trying to improve the situation.
2.3.2
Relevant information is only fragmentary, and it is virtually impossible
to draw comparisons, since there are no common definitions that would allow in
particular statistics to be drawn up on this form of violence, and no exact
information exists on the measures that have been taken in each Member State to
prevent, combat and punish domestic violence, let alone ways of judging their
effectiveness.
2.3.3
In this opinion, domestic violence against women is defined as violence
against a partner, i.e. psychological or physical (including sexual)
violence within a marital or non-marital partnership, even if it occurs after a
separation but is directly connected with the prior relationship. This type of
violence is a process of control and domination that violates the partner's
freedom, and their physical, mental and sexual integrity. Psychological violence
("emotional cruelty") in particular can have a considerable impact on the
victim's ability to defend herself or to end the relationship. In most cases of
domestic violence the perpetrators seem to be men and the victims
women.
2.3.4
This violence affects not only the victims themselves, but also other
family members, especially children. Children who become witnesses of domestic
violence are always victims of psychological violence too. They also become
victims of physical violence more often than other children. Domestic violence
cannot be considered direct violence against children.
2.3.5
Violence against children, including and in particular that which takes
place in the family context, is such an important issue that it should be
addressed separately from the issue of domestic violence against women.
2.3.6
In the light of this situation, the following recommendations in
particular have been discussed:
2.3.7
Documenting the legal basis for preventing
domestic violence against women and prosecuting its perpetrators, and its
implementation in the Member States
2.3.7.1
Current
experience shows that the existence of legislation is crucially important in
sensitising people to this type of violence, in preventing it and in combating
it through appropriate action. A good example is the system developed in
Austria (since the introduction of
the Act on Protection Against Domestic Violence of 1 May 1997). Similar
arrangements have now been adopted by several European countries.
2.3.7.2
It is
important for the discussion in the European Union that there should be exact
and up-to-date information about the legal provisions in each country,
especially with regard to police procedures, judicial competence and in
particular also the activities and interaction of other players, such as
assistance and counselling services (NGOs).
2.3.7.3
It is
equally important to obtain reliable information on the implementation of legal
provisions in practice. Information is available from the Member States
indicating that the existence of legal provisions alone is not enough to
effectively prevent and combat domestic violence against
women.
2.3.8
Statistical trends and collection of data on
domestic violence against women
2.3.8.1
The
current situation with respect to statistical information is highly
unsatisfactory: there are to date no valid, meaningful statistical data on
violence against women that can be coordinated at EU level for purposes of
comparison. The indicators devised during the Danish presidency have apparently
not yet been applied.
2.3.8.2
Crime
statistics from the individual Member States on this problem, if they are
available at all, can at best be collected by Eurostat. The Directorate-General
for Justice, Freedom and Security reports that Eurostat is currently developing
an instrument for collecting comparable crime statistics. Neither Europol nor
Interpol have addressed the issue to date. Efforts under the DAPHNE programme
are very helpful in terms of improving the current situation, and should
definitely continue.
2.3.8.3
Even if
the ultimate objective should still be to produce comparable crime statistics on
domestic violence, at present it would be more feasible to carry out
surveys/opinion polls (or "victim surveys") at national level based on
comparable criteria. The EIDIV project (European Indicators Database on
Intimate Partner Violence) funded under DAPHNE presents proposals for a
harmonised European survey that would be comparatively simple and quick to
conduct. Such surveys could also record the intervention and activities of
agencies (NGOs).
2.3.8.4
Representative polls could also be carried out
under Eurobarometer surveys. For instance, as part of the above-mentioned
European Campaign Against Domestic Violence a Eurobarometer survey was conducted
in which men and women were asked their views on domestic violence. We are
informed that a new survey is planned for 2006.
2.3.9
The importance of preventing domestic violence
against women
2.3.9.1
Preventing domestic violence against women is
an imperative: however important it is to expose this violence and break the
silence, to punish it for the crime that it is, and to help, protect and support
the victims, it is infinitely more important that measures should be taken to
prevent violence from happening in the first place.
2.3.9.2
In the
context of a comprehensive, social prevention campaign, information and
education are particularly important in establishing that violence by men
against women must not be accepted in a modern democratic society. At a very
early age both boys and girls must learn that boys and girls - and men and women
- are equal, and have the same rights and the same opportunities. Gender
equality must continue to be taught throughout school and during later
life.
2.3.9.3
Domestic
violence has considerable effects on children, who witness it and have to grow
up in an atmosphere of violence. Children must therefore be helped early on to
permanently leave the cycle of violence and learn non-violent ways of resolving
problems.
2.3.9.4
Appropriate social, economic and legal measures
should be used to ensure that the situations that are particularly conducive to
domestic violence do not arise in the first place. These include poor material
conditions, financial and economic dependence on a partner, lack of living
space, and in particular alcohol and drug abuse. Poor social conditions can
increase the risk of violence towards women, even if domestic violence against
women occurs among all social groups.
2.3.10
Promoting intervention projects and cooperative
groups: optimising help, work with perpetrators, and empowerment
2.3.10.1
Generally
speaking, women who have become victims of domestic violence obtain little
support in their social environment. Even organisations that should be involved
have often failed to see the problem or do anything about it, as they consider
it to be a private matter. The work of women's refuges has proved valuable;
their help and support facilities should be maintained and further expanded. It
is also important to further improve cooperation between various governmental
and non-governmental organisations and bodies, e.g. through formal cooperative
groups ("intervention projects").
2.3.10.2
Intervention projects and cooperative groups
can initiate and achieve changes in perspective: men are involved in the
discussion and in activity to combat partner violence, treated as jointly
responsible and no longer seen as just part of the problem, but also as
stakeholders in the solution to this problem. Women who have become victims of
domestic violence are no longer confined to their role of victim but experience
empowerment. Non-governmental organisations (NGOs) play a key role in these
activities.
2.3.10.3
Although
it is impossible to be exhaustive, we wish to mention five further
issues:
2.3.11
Paying more attention to the situation of
migrant women
2.3.11.1
All the
indications are that female migrant workers include groups which are more
affected by the problem of domestic violence than comparable groups in the
national population, and that these groups also receive less public and private
support. There are many reasons for this, including the ongoing isolation of
female immigrants, restricted access to the institutions of civil society,
language barriers and sociocultural differences, as well as sheer ignorance of
support structures. Women residing illegally in a country find themselves in a
particularly difficult situation: their residence status and the lack of
awareness of their rights prevent them from seeking help in cases of domestic
violence, although they are just as entitled to such help as nationals and
legally resident migrants.
2.3.12
Greater involvement of all legal, police,
educational, mental health, medical and welfare professionals
2.3.12.1
National
policies in this field should aim to make it possible for legal, law
enforcement, educational, mental health, medical and welfare professionals to
spot violence at an early stage. If the relevant professionals lack knowledge
about the symptoms, forms, cycles and escalating stages of violence, it will be
glossed over, processes will be overlooked, and inappropriate measures taken –
perhaps with fateful consequences.
2.3.13
Review of access and contact
injunctions
2.3.13.1
Under
laws to combat domestic violence it is usually possible to issue contact and
access injunctions. However, the objective of protecting victims from their
violent partners may also be undermined by the visitation rights of (divorced)
men to their children. Some Member States have already introduced legislation to
cover such situations.
2.3.13.2
Many
women victims of domestic violence still have to seek protection in shelters.
Despite every effort made by such shelters, a stay there may still be
psychologically damaging to the victims, particularly any accompanying children.
For that reason, legal provision should be made to allow, as a matter of
principle, perpetrators of domestic violence to be expelled from the home,
leaving it for the sole use of the victims.
2.3.14
More consideration for the situation of older
women as victims of domestic violence
2.3.14.1
Women's
advisory services show that it is particularly difficult for older women to seek
and obtain help when they are subject to violence. In this case, gender-specific
role patterns may still be deeply entrenched. More attention should be paid to
older women as a target group in public efforts to combat domestic violence, in
order to inform them not just about the help available but above all about their
right to help.
2.3.15
Social inclusion of domestic violence victims
generally and in the job market in particular
2.3.15.1
Domestic
violence against women hinders their social inclusion generally and in the job
market in particular, resulting in marginalisation, poverty, and financial and
material dependency. The physical and psychological effects of violence may
affect not just access to work, but also the workplace situation (absenteeism,
psychological stress, change of residence etc). There is therefore a need for
comprehensive solutions to this problem from labour market organisations, for
example through agreements between employers and trade unions aimed at
protecting and supporting female workers who are victims of domestic violence,
as is the case in Sweden, for example.
Brussels, 16 March 2006.
The
President of the European Economic and Social Committee
Anne-Marie
Sigmund |
The
Secretary-General of the European Economic and Social
Committee
Patrick Venturini |