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VIOLENCE AGAINST WOMEN - FROM LAWS TO PRACTICE: FROM RHETORIC TO REALITY

Despite numerous laws to protect women from violence, little has changed. Why are there gaps between rhetoric and reality and what can be done about them?

March 15, 2013 - As the Commission on the Status of Women (CSW57) drew to a close in New York, the chasm between legal reform and change for women has emerged as a key challenge. Legislative change is not, on its own, enough. Despite what Unifem (the UN agency for gender equity) claims have been 20 years of "unprecedented progress" on the issue – including an increase in the number of laws – many women around the world still have no knowledge of their rights and even fewer of how to lay claim to them.

It is essential that policymakers respond to this gap by concentrating more heavily on translating advances into what Professor Naila Kabeer at the CSW57 referred to as "concrete outcomes". It is also a message that the UK Department for International Development (DfID) has recently taken on board in its practice paper: "A theory of change for tackling violence against women and girls."

I lead a research team in Cambodia, where we tried to understand why investments in legal reform are faltering, through a study of the country's 2005 Law on the Prevention of Domestic Violence and the Protection of the Victims. The lack of success in converting the law into prevention has been especially acute in the country, despite its designated millennium development goal which prioritised violence against women. According to Amnesty International, weaknesses of implementation and enforcement are robbing Cambodian women of the power to defend themselves or their interests both before and after psychological or physical violence by an intimate partner or family member(s).

Jointly funded by the Economic and Social Research Council (ESRC)and DfID, our research highlights the ideological and practical barriers to justice, and addresses what can be done as a result.

Change the language of the law

Unpacking beliefs around the law itself is one of many protracted issues that need to be dealt with. The law starts by defining its dual purpose as protecting victims of violence, and "preserving the harmony within the households in line with the nation's good custom and tradition". While the international development community has been largely successful in shifting violence against women from a private to a societal concern, in Cambodia this message has become distorted. Its societal significance is linked in law to the symbolic value of harmonious households, rather than to women's wellbeing. Our research shows that this rhetoric is practically difficult for women to manage: they are repeatedly told to reconcile their relationships and not pursue punishment by law. This problem is compounded by persistent ideas in villages that violence against women is a private matter – in Cambodian customary rules, a "fire" – which women have a responsibility not to spread beyond the home.

Tackle cultural norms and enforce the law

At the start of the CSW57, Michelle Bachelet made very clear that despite sensitivities, culture and tradition should not be used to obstruct progress in this field. While the teaching of norms through parenting, for example, is an important area for further intervention, cultural logics promoted by the state also need to be addressed, given the apparent preference for the "intact" family over the protection of women.

Other countries that have made legislative changes to address violence against women, have also found that violations remain difficult to confront. In Peru, for example, research has highlighted how legal reforms have been hindered by poor enforcement, under-resourcing and a failure to address core causes of violence against women. Much like in Cambodia, the work also pointed to policies directed at preserving the structure of the family through conciliation, rather than pushing for women to use the rights accorded to them.

Nevertheless, efforts are still being made in Cambodia with the training of 137 judicial police agents nationwide to protect survivors and support them to seek justice. More initiatives of this nature are likely to emerge from the country's 2nd National Action Plan to Prevent Violence against Women (2013-2017), which is currently being drafted and gives prominence to developing legal protection and services.

Involve men

In terms of tackling broader norms however, this week has seen the launch of an innovative regional East and south-east Asia curriculum, "Transforming masculinities towards gender justice". The curriculum, supported by Partners for Prevention, a joint regional programme, aims to promote gender equality, human rights and prevent violence, by holding workshops and getting groups to complete tasks on "masculinities and violence and personal transformation", among others.

By taking the feminist adage the "personal is political", men are guided to identify the unequal power and broader injustices they see around them and respond to, rather than just ignore, injustices they witness. This transfer of responsibility to men of issues so often pigeonholed as "women's matters", is one avenue of promise. Indeed, in India, the award winning campaign Bell Bajao, harnesses the mantra that human rights begin at home and encourages men to take a stand against violence towards women through small acts, such ringing the doorbell when and where they hear violence occur.

While positive, these actions are small parts of a very complex process. But all steps in the right direction are welcome, otherwise changes to the law itself will become hollow gestures, evoking rhetoric and having little impact on reality.