According to The UN, up to 70 per cent of women have experienced physical and/or sexual violence from an intimate partner in their lifetime. It is a grave reality that women are not safe even at home in most of the places in this world. Domestic violence against women doesn’t know the boundary of socio-economic or educational status. Read this post to know about the legal systems around domestic violence against women across the world. Hopefully this will give you a better insight on why we are unable to deal with increasing level of violence against women, both at home and ouside.
History of Domestic Violence Against Women
Wife-beating was legal and a very common practice in almost all countries prior to the mid-1800s. Most legal systems viewed wife-beating as a valid exercise of a husband’s authority over his wife.
Women and children were seen as ‘belonging’ to a man, therefore controlling his wife and children in the form of physical violence or punishment by a man was acceptable in the religious and civil laws of all societies.
Legal Documents from the Medieval Age from different regions support wife-beating was legally allowed to ‘control, correct, support and instruct’ the wife by her husband.
During the 1800s, wife beating was extremely common in Britain. In the 1700s, an English common law came into effect that decreed that a husband had the right to “chastise his wife with a whip or rattan no bigger than his thumb, to enforce domestic discipline. For as he is to answer for her misbehavior, the law thought it reasonable to entrust him with this power of restraining her, by domestic chastisement in the same moderation that a man is allowed to correct his apprentices or children.” This law came to be known as the “law of thumb”.
In the U.S. the courts continued to uphold a man’s right to punish his wife with violence until 1871. In his article “Wife Beating: An American Tradition”, David Peterson explores the history, social conditions, and possible causes of wife-beating, during the mid to late 19th century.
Domestic Violence Laws in Different Countries
There are still 46 countries where women do not have any legal protection against domestic violence. Data shows 1 in 3 women worldwide have experienced physical or sexual violence at least once in their lifetime mostly by intimate partners.
In many countries either there is no law to protect women from domestic violence, or the existing laws are not effective to protect women from violence. Women with poor access to education and economic freedom are more likely to be financially dependent on their husbands, and less likely to report assaults to the police. Women taking legal action against their husbands are not acceptable in many societies. In many cases, law enforcement and community leaders support the male perpetrators, not the victims.
When legal systems are not equipped to protect women from being abused, assaulted, or killed by partners or family members; how can we possibly dream of creating a world free from oppression and violence against women? A lot still needs to be done before we reach the global goal of gender equality by 2030.
Some Surprising Domestic Violence Laws
In Nigeria, the beating of a wife for ‘the purpose of correction’ is legal by the use of (Section 55 (1) (d) of the Penal Code)!
In Russia, in 2017, domestic violence was re-classified from a criminal to an administrative offence. Under the new legislation, abusers can avoid jail time, and instead pay a fine, and if the victim has suffered no lasting harm, such as a broken bone or concussion if it was not a repetitive offence. Men are legally allowed to batter their wives without causing hospitalization!
In Egypt, the law allows a man to kill his wife if he catches her in an act of adultery. According to Amnesty International, 99 per cent of women in Egypt interviewed by the UN in 2013 have reported sexual harassment.
In Saudi Arabia and some other Arab countries, there is no law against domestic violence against women. Rape victims risk being charged with adultery. Surveys in Egypt, Palestine, Israel and Tunisia show that at least one out of three women is beaten by her husband. Beating wives are often justified by some religious laws and are considered as personal or family affairs where victims never receive support from health care professionals or law enforcement. A survey conducted by the Government of Egypt showed a huge percentage of young women thought to beat the wives for “talking back” to a husband, talking to another man, spending too much money, burning the dinner is acceptable.
In Lebanon, any man who commits a “kidnapping, rape or statutory rape can’t be prosecuted as long as he marries the victim afterwards.”
In Malta, the law says “after abducting a person, shall marry such person, he shall not be liable to prosecution,”! If the marriage occurs after a trial and conviction, the abductor’s sentence is immediately revoked.
In India, marital rape, when the wife and husband live together is not considered to be a crime.
Are you Facing Violence, Abuses or Torture?
Here are some country-wise resources and link of the websites helping the victims of domestic violence and sexual violence:
- http://www.naasca.org/Groups-Services/NIGERIA.pdf – You will find a list of non-Profit, Non-Governmental Organizations working in different states of Nigeria to protect women’s rights and children rights, for the survivors of sexual and domestic violence.
- Women’s Crisis Care International(WCCI) is the first and only violence- crisis response center in the Arabian Gulf. WCCI provides violence -crisis response services for victims of domestic and sexual abuse in Bahrain. They also provide emotional support and informational support for victims of domestic violence and sexual violence. All services are free and confidential and open to all women.
- El Nadeem Centre For Rehabilitation of Victims of Violence works with victims of torture in Egypt. Other than helping women victims of doemestic violence, El Nadeem is also involved in addressing sexual violence against women.
- HarassMap is a volunteer-based organization works to end the social acceptability of sexual harassment in Egypt. They aim to create an environment where sexual harassment is not tolerated. HarassMap is working on different projects to tackle and document sexual harassment of women not only in Egypt but also in many other countries.
- https://www.naaree.com/how-to-report-domestic-violence-in-india-call-these-helplines/ – has a comprehensive list of domestic violence helplines and contact details organizations working for women’s rights in different parts of India.
- Domestic Violence Resource Network (DVRN) is funded by the United States Department of Health and Human Services to inform and strengthen domestic violence intervention and prevention efforts at the individual, community and societal levels. Their website provides a wide range of free, comprehensive and individualized technical assistance, training and resource materials for survivors of domestic violence among different population.
- https://en.wikipedia.org/wiki/List_of_domestic_violence_hotlines – has list of Domestic Violence hotline number and website links of resources in Australia, China, Japan, Taiwan, NewZealand, the United Kingdom and the US.
WHO’s tools and guidelines for addressing violence against women below: