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| Statement on Equality of Opportunity for Women and
Men
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Delivered by Nancy
Murphy
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to the Human Dimension and Implementation Meeting, Warsaw
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September 11, 2002 |
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Governments
of OSCE participating States freely committed in the
Charter for European Security and the Moscow Document
"to undertake measures . . . to end violence against
women," including domestic violence. Sadly, few
countries are acting on these OSCE commitments with any
measure of urgency, perhaps because they labor under
false assumptions regarding domestic violence. I
submit that when governments discard these false
assumptions --- three of which I will address today ---
the political resolve to combat the violence will
emerge.
A principal false assumption is that
violence between spouses or other intimate partners is a
private family matter with no effect on the world
outside. This is simply untrue. The societal costs from
domestic violence are staggering to educational systems,
legal systems, health systems, criminal justice systems,
neighborhoods, and workplaces. The World Health
Organization, for example, estimates that the economic
consequences of domestic violence cost the United States
billions of dollars annually based on the costs of
medical treatment, lost worker productivity, and quality
of life.
Domestic violence also affects future
generations. It is the leading cause of birth defects in
newborn children in the United States. Children who
witness abuse — meaning they are not physically abused,
but have heard or seen a loved one being abused — are
1,000 percent more likely to be our next abusers or
victims. They are also six times more likely to commit
suicide, twenty-four times more likely to commit a
sexual assault, fifty percent more likely to abuse drugs
and alcohol, and seventy-four percent more likely to
commit crimes against others.
Another false assumption is that
battered women provoke their abuse. In the United
States, the first domestic violence interventions, based
on this premise, were aimed at making the battered woman
more submissive or compliant assuming her husband would
then stop beating her. The victim was identified as the
problem, and therefore, if she would do something
different, he would change. Evidence of this thinking
can be seen in OSCE countries where, for example,
forensic medical doctors have been known to downgrade
their report on the severity of a woman’s injuries if
the doctor believes that the woman provoked the assault.
Ironically, women living with abusers often find that
becoming more submissive or compliant has the opposite
effect. The violence towards them actually escalates.
Giving women assertiveness training doesn't help either.
Basically, no matter what the victim does, the abuse
continues and usually escalates over time.
The third assumption is that alcohol or
drugs cause domestic violence. Many studies have proven
this assumption false. Clearly violent incidents may be
increased and the level of injury to women and children
more severe, but neither alcohol nor drugs cause the
violence as not all batterers drink or abuse drugs nor
do all those who drink or abuse drugs batter.
The use of violence or abuse is a
problem that resides in the abuser. Only when domestic
violence is treated as a violent crime, abusers are held
accountable, and services are provided to keep women and
children safe, will the violence end. This message that
domestic violence is intolerable must be reinforced
through the criminal justice system, media, religious
institutions, educational systems, economic and business
settings, and in families. National and local
authorities must provide a comprehensive legal response
to domestic violence involving support for victims,
treatment for abusers, legal remedies and judicial
reforms.
OSCE participating States can and must
immediately take steps to eliminate barriers that
prevent effective criminal prosecutions of domestic
abuse. Physical and sexual assault are crimes,
regardless of the sex or marital status of the victim.
Domestic legal codes should treat them as such. Laws and
procedures must be designed to take the burden for
reporting and prosecuting the crime off the victim by
giving the police a more active role in the process.
Laws should be written requiring police to arrest anyone
who physically assaults or makes violent threats against
an intimate partner. While the abuser is taken to jail,
the victim is provided with referrals to shelters and
services designed to help her and her children. When the
law and its enforcers take domestic violence seriously,
many abusers’ beliefs of entitlement begin to be
challenged. They begin to rethink their roles, rights
and responsibilities within the relationship. Many
experts believe that an arrest and incarceration for
domestic violence is the most successful technique for
getting violent men to stop abuse.
In the United States, police officers
report that domestic violence calls are the most
dangerous calls to respond to and have necessitated
specialized training. In many developing democracies in
the OSCE region, law enforcement authorities refuse to
intervene in situations of ongoing violence in the home.
More often than not, police are not trained how to
properly intervene in cases of domestic violence. Police
may not be taught about the unique issues victims face
or the human rights implications of failing to respond
adequately to a call for help. Police and judges must
come to understand that physical abuse is never a
private affair, it is not an inevitable part of family
life, and it can never be justified. I would like to
reiterate and support an idea previously made by Canada
to engage the OSCE Police Advisor to provide police
training "tool kits" for OSCE States to
utilize.
Likewise, criminal proceedings cannot
be made dependent on obtaining the consent of the abused
person, nor can the State abandon victims of so-called
"minor" domestic violence incidents to prosecute their
own cases without assistance from a state prosecutor.
Courts must be willing to accept medical evidence other
than forensic medical certificates that can be obtained
only from a limited number of inaccessible or costly
facilities. Moreover, courts must impose proper
penalties. In many countries, batterers are more often
fined than jailed. If the perpetrator is married to his
victim, she then becomes legally responsible for
ensuring that the fine is paid. Therefore, a financial
burden falls on her as the only result of her having
complained to the police about being abused.
Battered women and the children who
watch the abuse are amongst the most fragile members of
our society. I encourage all OSCE participating States
to redouble their efforts to end domestic violence for
the sake of us
all.
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