Domestic Violence Bill

N.C.W. is pleased to note the enactment of the long-awaited Domestic Violence Bill, currently before Parliament. For the past years the council has been in the forefront in addressing the issue of domestic violence.

The Bill has been widely debated and this reflects the increased awareness of domestic violence. Although we associate this kind of violence mostly with women and children, there are also men victims, but the stigma of such cases is very strong and consequently men are still finding it very difficult to come forward.

NCW notes that many of the recommendations that it has submitted over the years have been included in the Bill, providing measures addressing three key issues:

Appropriate legal protection for women, children, the elderly and other persons within the household;

Active prevention and early intervention of crimes of violence; and

Adequate provision of support services.

A wide definition of domestic violence includes emotional, physical and verbal violence and harassment. The Bill provides for immediate steps to be taken once a report has been filed and proceedings are not to be stopped unless the court decides so, providing stronger security for the victims.

The Bill makes provision for adequate accommodation for victims. NCW believes that the law should also make provision for eviction orders for perpetrators, in particular in situations of hardship for the family when forced by circumstances to abandon the matrimonial home.

The Bill makes treatment orders mandatory for a person accused of an offence, with or without his consent, especially in cases where there is enough evidence of repeated acts of violence. Increasing fines and terms of imprisonment will provide more effective deterrents in cases of violence.

The establishment of a Commission on Domestic Violence, as provided for in the Bill, is important to ensure that the strategy of a multi-disciplinary approach guarantees professional intervention from the different sectors, including the police force, social workers, psychologists, medical people and education of the community at large.

Other functions of the Commission will include research and education campaigns. NCW recommends the setting up of a consultation process with NGOs working in this field, as their functions can be a source of expertise and will avoid fragmentation of resources. The designated agency will be functioning mainly on prevention initiatives, therapy and treatment.

The success of the implementation of this much-needed legislation depends on training, commitment and law enforcement of all stakeholders and a change of mentality to one respecting the fundamental rights of women, men and children.