Opinion
Domestic violence:An essential item on agenda for peace

In 1989, a law for the prevention and intervention in domestic violence cases was promulgated in Puerto Rico and it served as model legislation all over the world.  The authority given to Courts and District Judges to order affirmative measures to protect the victim PROTECTION ORDERS - through a simple procedure became a revolutionary initiative in this field, recognizing the vulnerability of the victim and the lack of adequate responses especially from the Police Force.

Harassment of the victims (the majority of them are female victims) filing complaints by members of their families, inadequate investigations and unnecessary delays are practices that jeopardize women’s safety and generate impunity. Protection orders appear to be a response to these problems but it is the power conferred to the judiciary that remains a key issue for the victim to get a protection order. To get a protection order you must virtually have evidence of threats and previous abuses.

Sixteen years after the promulgation of the Domestic Violence Act in Puerto Rico, we are still discussing a proposal  in our country. However, we must not rush into the process and carefully study  comparative legislation, testimonies and reports, we must give it proper relevance and urgently work on it. Daily we come to know about so many news of  family disputes, some of them ending with the killing of women and their children who attempted to defend their mothers.

Policy makers and members of the Parliament must consider this legislation as a mechanism not only to combat and prevent violence but contribute to improve the relation of the civil society with the system of administration of justice which constitute significant steps to achieve peace in our island.

This problem also has repercussion in the economy of the countries. The  Inter-American Development Bank (IDB) already in 1997 concluded, by research conducted in Santiago (Chile) and in Managua (Nicaragua), that a working woman who suffers physical, psychological or sexual violence by her partner, in general, earns less than a working woman who is not a victim of domestic violence.

The effects of the costs caused by domestic violence in  GDP (Gross Domestic Product), which means around US$ billions, in programmes related to the problem, as medical care to the victims and police. According IDB, this amount could be used to generate productive investments in the region.

Protection orders must be adequately worked out to constitute an efficient adequate response of the agencies of administration of justice and not a waste of resources. Agents must have a proper knowledge of the difficulties victims usually face in order not only to comply with legal formalities but in relation to the nature of these events that must be considered human rights abuses despite "personal perceptions".

Human Rights Watch has reported that cases regarding sexual abuse between spouses and psychological violence remain difficult to argue. Police Officers have commented:  "When a woman reports this`85the question remains, to what extent can we say it is rape between a couple`85to what extent does a couple find [sexual] satisfaction through violence? It confuses us."

Victims of psychological abuse and women’s rights activists told Human Rights Watch that there is widespread reluctance to recognize and accept psychological violence as a real harm to be investigated. Police officers and the judiciary refuse to take psychological violence seriously, effectively denying redress and protection. One of the justifications is lack of evidence and even when the victim can show private medical reports, they are not given full credibility. At the same time there is a fear that if the victim appears to suffer psychological problems she will be separated from her children or compelled to experience social isolation.

The proposed Bill on Domestic Violence must be taken in all aspects in order to pass a legislation that  responds to the needs of the victims regarding respect and justice from our system. It is up to the next leader of our country to look into this matter as relevant to the "peace process" and the economy of our country. Peace and development begin at home.

Rossana Favero-Karunaratna

 

Powered By -


Produced by Upali Group of Companies