Legislating against violence against women: A Handbook

1. Legislating against violence against women:AHandbook Division for the Advancement of Women Department of Economic and Social Affairs United Nations

2. Violence against women:The context • October 2006: Secretary-General’s in-depth study on all forms of violence against women (A/61/122/Add.1 and Corr.1) (available online in all United Nations official languages: http://www.un.org/womenwatch/daw/vaw/v-sg-study.htm) • December 2006: General Assembly resolution 61/143 on the intensification of efforts to eliminate violence against women • March 2008: Launch of the Secretary-General’s Campaign “UNiTE to End Violence against Women”, 2008-2015: One of the five key goals of the Campaign, to be achieved in all countries by 2015, is the adoption of legislation on violence against women in accordance with international human rights standards (see http://endviolence.un.org) • October 2008: General Assembly resolution 63/155 on the intensification of efforts to eliminate violence against women • March 2009: Launch of the Secretary-General’s database on violence against women, which provides the first global “one-stop shop” for information on measures undertaken by Member States of the United Nations to address violence against women, including legislation (see http://www.un.org/esa/vawdatabase)

3. Background to the Handbook • Expert group meeting convened by DAW/DESA in collaboration with UNODC from 26 to 28 May 2008 in Vienna, Austria. • Brought together 15 experts from around the world, as well as observers, including the Chair of the CEDAW Committee and representatives of OHCHR, UNIFEM, IOM, and the IPU, to: • Analyze different approaches in the law for addressing all forms of violence against women; • Assess lessons learned in the implementation of legislation on violence against women, with particular attention to effectiveness of legislation; and • Identify good practices in the law and recommended standards for legislation on violence against women.

4. Purpose of the Handbook • Purpose: • to serve as a tool for the development, adoption and amendment of legislation which prevents violence against women, punishes perpetrators, and ensures the rights of survivors of violence against women everywhere • To this end, the Handbook contains: • a summary of the international and legal policy framework • a model framework for legislation on violence against women, including recommendations on the content of legislation on violence against women, and good practice examples • a checklist of steps to be taken when drafting legislation

5. The international legal and policy framework • International human rights treaties • General recommendation no. 19 of the Committee on the Elimination of Discrimination against Women • Concluding observations of the treaty bodies • Other international treaties • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime • Rome Statute of the International Criminal Court • Policy documents • General Assembly Declaration on the Elimination of Violence against Women (1993) • Beijing Platform for Action (1995) • General Assembly resolutions: 61/143, 63/155

6. Recommended content of legislation • What should be included/addressed in the law • Legislative preamble • Implementation • Monitoring and evaluation • Definitions • Prevention • Protection, support and assistance to complainants/survivors • Rights of immigrant women • Investigation • Legal proceedings and evidence • Protection orders • Sentencing • Family law cases involving violence against women • Civil law suits • Family law • Asylum law

7. Recommendations: Scope of legislation • Legislation should: • acknowledge violence against women as a form of gender-based discrimination, and that violence may affect different groups of women differently • be comprehensive, including provisions regarding prevention of violence against women, protection and support for the complainant/survivor, and prosecution and punishment of the perpetrator

8. Recommendations: Implementation and monitoring • Legislation should: • be implemented in the context of a comprehensive national action plan or strategy • provide for a budget to ensure its implementation • provide for the adoption of rules and regulations, and the creation of specialized institutions, including police, prosecutors and courts • provide for the creation of a specific institutional mechanism (eg multi-sectoral Task Force) and the collection of statistical data, including through involvement of the national statistical office

9. Recommendations: Definitions • The law should contain comprehensive definitions of: • domestic violence including physical, sexual, psychological, emotional and economic violence, and an extensive scopeof persons • sexual assault, incorporating rape, including marital rape • sexual harassment

10. Recommendations: Prevention and protection • Legislation should: • mandate preventive measures, including awareness-raising campaigns, educational curricula, and sensitization of the media in relation to violence against women • include measures for the protection, assistance and support of complainants/survivors, including comprehensive and integrated support services, and rights to support in her employment and housing and financial assistance • ensure that immigrant women are not subjected to punitive actions related to their immigration status when they report violence, and have the right to apply for independent residency status

11. Recommendations: Prosecution and punishment • Legislation should: • detail the duties of police officers and prosecutors and provide for the rights of complainants/survivors during legal proceedings, including alternatives to giving live testimony, and the right to be continuously updated regarding her rights and the status of legal proceedings • provide for both emergency and final protection orders, and criminalize the violation of a protection order • ensure that sentences imposed on perpetrators are consistent with the gravity of the crime committed, including byremoving exceptions and reductions in sentencing in cases of violence against women

12. Recommendations: Family law; civil law suits; asylum law • Legislation should: • ensure that complainants/survivors of violence against women do not have negative inferences drawn against them in family law proceedings and are entitled, amongst other things, to divorce and alimony, and to remain in the family dwelling • permit complainants/survivors of violence to bring civil lawsuits, both against the perpetrator, and against third parties who have acted negligently, such as the police • provide that violence against women may constitute persecution and that complainants/survivors of such violence should constitute “a particular social group” for the purposes of asylum law.

13. Checklist for drafting legislation • When drafting legislation the following steps should be taken: • Define the legislative goal • Consult with all relevant stakeholders • Adopt an evidence-based approach

14. Further information • For further information regarding the work of the Division for the Advancement of Women/DESA on violence against women: http://www.un.org/womenwatch/daw/vaw • Contact: Division for the Advancement of Women Email: daw@un.org