Rights Advocacy
End violence against women
By resolution 54/134 of 17 December 1999, the United Nations General Assembly designated 25 November as the International Day for the Elimination of Violence against Women, and invited governments, international organizations and NGOs to organise activities designed to raise public awareness of the problem on that day. Women's activists have marked 25 November as a day against violence since 1981. On 20 December 1993 the General Assembly, by resolution 48/104, adopted the Declaration on the Elimination of Violence against Women. This date came from the brutal assassination in 1960, of the three Mirabal sisters, political activists in the Dominican Republic, on orders of Dominican ruler Rafael Trujillo (1930-1961). The United Nations defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Referring this definition, the UN mainly focused on “intimate partner violence” and “sexual violence” against women as two most common phenomenons. Intimate partner violence refers to behavior by an intimate partner or ex-partner that causes physical, sexual or psychological harm, including physical aggression, sexual coercion, psychological abuse and controlling behaviors. Sexual violence is any sexual act, attempt to obtain a sexual act, or other act directed against a person's sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. It includes rape, defined as the physically forced or otherwise coerced penetration of the vulva or anus with a penis, other body part or object. Recent global prevalence figures indicate that 35% of women worldwide have experienced either intimate partner violence or non-partner sexual violence in their lifetime and 38% of murders of women are committed by an intimate partner. Violence can result in physical, mental, sexual, reproductive health and other health problems, and may increase vulnerability to HIV. Population-level surveys based on reports from victims provide the most accurate estimates of the prevalence of intimate partner violence and sexual violence in non-conflict settings. The first report of the “WHO Multi-country study on women's health and domestic violence against women” (2005) in 10 mainly developing countries found that, among women aged 15-49: between 15% of women in Japan and 71% of women in Ethiopia reported physical and/or sexual violence by an intimate partner in their lifetime; between 0.3–11.5% of women reported experiencing sexual violence by a non-partner since the age of 15 years; the first sexual experience for many women was reported as forced – 17% in rural Tanzania, 24% in rural Peru, and 30% in rural Bangladesh.
Factors found to be associated with intimate partner and sexual violence occur within individuals, families and communities and wider society. Some factors are associated with being a perpetrator of violence, some are associated with experiencing violence and some are associated with both. Risk factors for both intimate partner and sexual violence include lower levels of education, exposure to child maltreatment, witnessing family violence, antisocial personality disorder, harmful use of alcohol, having multiple partners or suspected by their partners of infidelity and attitudes that are accepting of violence and gender inequality.
Intimate partner and sexual violence have serious short- and long-term physical, mental, sexual and reproductive health problems for survivors and for their children, and lead to high social and economic costs. Violence against women can have fatal results like homicide or suicide and it can also lead to injuries, with 42% of women who experience intimate partner reporting an injury as consequences of this violence. Intimate partner violence and sexual violence can lead to unintended pregnancies, induced abortions, gynecological problems, and sexually transmitted infections, including HIV. The 2013 analysis found that women who had been physically or sexually abused were 1.5 times more likely to have a sexually transmitted infection and, in some regions, HIV, compared to women who have not experienced partner violence. They are also twice as likely to have an abortion. Intimate partner violence in pregnancy also increases the likelihood of miscarriage, stillbirth, pre-term delivery and low birth weight babies. These forms of violence can lead to depression, post-traumatic stress disorder, sleep difficulties, eating disorders, emotional distress and suicide attempts. The same study found that women who have experienced intimate partner violence were almost twice as likely to experience depression and problem drinking. The rate was even higher for women who had experienced non partner sexual violence.
Violence against women has been criminalised in Bangladesh by enacting various laws which call for harsh punishments. For example, the Prevention of Women and Children Repression Act 2000 provides for a sentence of death or life imprisonment and financial penalty to a husband or any of his relatives who cause or attempt to cause death or grievous injury to a wife on account of dowry. But do provisions like this can prevent violence against women in male predominant reality of Bangladesh? The offenders and the victims even do not know that there are laws in Bangladesh where they can get punishment or redress from. Whatever is the cause of violence, offenders deserve punishment but it comes to prevention of violence against women, more awareness program, educational and media initiatives are needed. Regarding implementation of laws, ineffective and inadequate mechanisms is a bar in context of Bangladesh. For example: The Domestic Violence (Protection) and Prevention) Act, 2010 enables any victim to lodge complaint with a judicial or metropolitan magistrate seeking protection from such violence where as the reality is adequate enforcement officers have not been appointed for every upazila, police station, district and metropolitan area as stipulated in the act. Besides, delays in court proceedings, influential power of the accused, and corruption in the law enforcement agencies are impediments to the elimination of crime and violence against women. Statistics from Ain o Salish Kendra (ASK) can gives an idea of failure of these laws in Bangladesh. From January-September 2013, 868 women and 102 minor were raped where 207 incidents were of gang rape and 482 cases are filed so far. Regarding violence on domestic worker, out 0f 61 cases only 18 cases are filed so far where 25 of these cases of violence were inflicted on workers aged between 13 and 18. For dowry cases, out of 265 incidents 128 died due to excessive physical torture and violence and 111 cases are filed so far. This statistics shows the degree of violence and the influence of law and order on these issues.
Likewise, international instruments are also not being able to prevent violence against women so far. Bangladesh at first reserved Articles 13(a), 16 (1) (c) and (f), and Article 2, which requires examination of constitutions, laws, and policies and the enactment of a legislative and administrative framework to implement the Convention. However, the government of Bangladesh proceeded to submit reports, including information required by Article 2, and to nominate experts. While a reservation to Article 2 is clearly contrary to the object and purpose of the Convention, neither the Committee nor the State party has belabored the issue. Bangladesh withdrew the reservations to Articles 13(a) and 16 (1)(f) in 1997 but has not withdrawn the Article 2 or 16 (1)(c) reservation. Article 2 reservations frequently are linked to other reservations, as Article 2 refers to the basic constitutional, legal, and policy infrastructure that must be examined and changed to implement CEDAW.
The truth is culture influences society as well as laws because culture is being established over years' practices. The society of this country still believes on male superiority and female inferiority, still believes on dowry not dower, believes on existence of Jannat under husband's feet! So to end the violence against women, we need to start from the root level educating families and especially the children who are the future of Bangladesh. Laws are necessary to fight over discrimination and violence but we will have to prepare the country as well as the future generation that we have to win over all the discriminations and inequalities posed against women all over the world.
The writer is Assistant Professor of Law, Jagannath University.
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