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