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Latest items for DV-LAW-2

April 4, 2018, 11:54 p.m.
Countries: Portugal

"The Committee welcomes the adoption of the fifth national plan to prevent and combat domestic and gender-based violence (2014-2017) and the use of electronic bracelets to prevent domestic violence. However, it is concerned about the following: (a) The prevalence of gender-based violence against women in the domestic sphere and the disproportionately low (albeit increasing) numbers of prosecutions and convictions of perpetrators, compared with the high numbers of reported cases of domestic violence; (b) The limited use of protection orders; (c) The lack of coordination between family and criminal courts in cases of domestic violence. As a result, there are limited options available for women who need immediate protection orders, which ...more
April 4, 2018, 4:40 p.m.
Countries: Vietnam
Variables: DV-LAW-2

"[The Committee] is concerned about: ...the excessive use of reconciliation procedures to address domestic violence; and the overreliance on forensic evidence in investigating physical and sexual vio lence; The inadequacy of victim assistance and rehabilitation services" (5).
April 3, 2018, 10:42 p.m.
Countries: Madagascar

"The Committee is concerned: (a) That there is no legislation specifically criminalizing violence against women, in particular child and/or forced marriage and marital rape, and that there is no comprehensive policy framework to address such violence; (b) That gender-based violence against women in the domestic sphere is not considered by courts in child custody or visitation decisions, thus forcing women to continue to face their abusers, and risking further exposing their children to violence; (c) That domestic and sexual violence appear to be socially legitimized and accompanied by a culture of silence and impunity; (d) That cases of violence against women continue to be underreported, owing to an apparent lack ...more
March 20, 2018, 1:29 p.m.
Countries: Gambia

"The Committee notes the adoption in 2013 of the Domestic Violence Act and the Sexual Offences Act, but is concerned that violence against women remains widespread. It is particularly concerned about: (a) The lack of criminalization of marital rape and the unclear provisions in the Domestic Violence Act relating to the definition of “aggravated” domestic violence and allowing for out-of-court settlements, which often do not take into account women’s best interests; (b) The insufficient implementation of the Domestic Violence Act and the Sexual Offences Act owing, for example, to a lack of resources and the absence of regulations, guidelines and effective reporting mechanisms; (c) The lack of support for women ...more
March 14, 2018, 6:54 p.m.
Countries: Senegal
Variables: LRW-LAW-3, LRCM-LAW-2, DV-LAW-2

"The Committee welcomes the measures adopted to address violence against women, including the adoption of the above-mentioned Law No. 99-05 of 29 January 1999 and of Ministerial Decree No. 10545 of 10 December 2008 establishing a review committee on violence against women. The Committee also welcomes the establishment of listening centres for women who are victims of violence. It remains concerned, however, about: (a) The increase in the rate of sexual violence against women, including rape; (b) The persistence of domestic violence and the limited number of cases of domestic violence reported owing to women’s fear of reporting them because of the potential consequences for their family life, as well ...more
March 13, 2018, 10:57 p.m.
Countries: Norway
Variables: DV-LAW-2

"Persons subjected to domestic violence or threats of such violence are entitled to assistance and protection and to effective action by the police and the judicial system. Domestic violence is punishable in the same way as violence that occurs in other contexts and arenas. How the police, prosecutors and courts deal with domestic violence cases largely determines the extent to which they are trusted by persons subjected to violence and by the population at large. Swift follow-up by the police and judicial system has a significant preventive effect" (10). "The police have a range of measures to protect persons subjected to domestic violence, including a mobile violence alarm, bans on ...more
March 5, 2018, 8:53 a.m.
Countries: Costa Rica
Variables: DV-LAW-2

"Amendments to the Domestic Violence Act (Law No. 7586), provided that Mixed or Administrative Courts can issue protection orders in places where there are no specialized courts or criminal courts, or if the courts are unable to grant them. Protection was expanded for victims of domestic sexual abuse; restrictions were placed on the aggressor in approaching the home of the victim; and the duty was established to notify the judicial authority within 24 hours of the exact address of a new residence. It was also established that the duration of protection measures be maintained for one year, unless lifted or amended by court decision" (8).
Feb. 27, 2018, 11:14 p.m.
Countries: Niger
Variables: DV-LAW-2

"Crimes and misdemeanours against children and the family are defined and made punishable by articles 248 to 261" (pg 24).
Feb. 7, 2018, noon
Countries: Chile
Variables: DV-LAW-2

"The Committee notes with appreciation the State party’s increased efforts to combat domestic violence, including the amendments of its Penal Code to include the crime of femicide perpetrated by spouses or ex-spouses (Act No. 20.480), and to provide assistance and redress to victims of domestic violence" (4).
Feb. 7, 2018, 10:37 a.m.
Countries: Sweden
Variables: DV-LAW-2

"For a description of the special types of crime called gross violation of integrity and gross violation of a woman’s integrity, see Sweden’s fifth report. Violation of integrity crimes have recently been evaluated. The investigation shows that the introduction of these crimes led to a general increase in the penal value of repeat offending in close relationships. On 1 July 2013 the minimum penalty for these crimes was increased and the scope of their application was widened in order to further strengthen the protection in penal law against repeated violations by closely related persons. Today violation of integrity crimes cover various types of violent crimes, crimes against liberty and peace, ...more
Jan. 25, 2018, 9:09 a.m.
Countries: Thailand
Variables: DV-LAW-2

"The law imposes a maximum fine of 6,000 baht ($170) or a maximum of six months’ imprisonment for violators and provides authorities, with court approval, the power to prohibit offenders from remaining in their homes or contacting family members during trial. The law also establishes measures designed to facilitate both the reporting of domestic violence complaints and reconciliation between the victim and the perpetrator. Additionally, the law restricts media reporting on domestic violence cases in the judicial system" (35-36). "Sentencing in those cases that resulted in conviction included imprisonment of the abuser (three months maximum); attendance at mental “rehabilitation;” or payment of fines, probation, or both" (36).
Dec. 26, 2017, 10:52 p.m.
Countries: Panama
Variables: DV-LAW-2

"The law criminalizes domestic abuse and family violence with prison terms of two to four years and makes domestic violence an aggravating circumstance in homicide cases"(16)
Dec. 20, 2017, 1:15 p.m.
Countries: Afghanistan
Variables: DV-PRACTICE-1, DV-LAW-1, DV-LAW-2

"[an Afghani woman] was being abused by her husband, and she had the physical wounds to show it. At first, the government lawyer assigned to her, a man in his 60s, asked for a bribe. She decided to pay for his phone credit and gas for his car. Then, even after she got her divorce and her husband was sentenced to three years in prison, the lawyer would not stop calling" (para 18).
Dec. 20, 2017, 11:56 a.m.
Countries: Tunisia
Variables: LRW-LAW-2, DV-LAW-2

"The draft law was approved in July 2016, though it has yet to go into effect. Its provisions include prohibiting all forms of violence against women (physical, psychological, sexual or economic), and issuing prison sentences or financial penalties should the law be broken. The law criminalizes marital rape, ends impunity for rapists who marry their victims and also criminalizes sexual harassment, with either imprisonment or financial penalty as the consequence. The penalty for these transgressions largely appears to be imprisonment for differing degrees of time (with increased severity if the victim is a family member), rather than a protective measure, such as a restraining order" (para 4).more
Dec. 20, 2017, 11:56 a.m.
Countries: Morocco
Variables: LRCM-LAW-2, DV-LAW-2

"While the bill includes protective measures, such as removing abusers from the home and forbidding contact with the victim, it does not address other aspects of spousal abuse, such as marital rape" (para 10).
Dec. 7, 2017, 5:29 p.m.
Countries: Turkey
Variables: DV-LAW-2

"The report . . . focuses on a system of mediation for women who have suffered domestic abuse. Nebiye Mertturk, a representative of nongovernmental organization Halkevci Women, told Al-Monitor, 'The commission’s recommendations make initiation of legal complaints about violence all the more difficult.' Diren Cevahir Sen, an attorney fighting for women's rights, told Al-Monitor that the recommendations would require women not to seek help from nearby police but to travel long distances to issue a complaint. Sen said that this change in procedure 'is almost equivalent to handing a death sentence to women trying to escape violence'" (para 8-9).
Nov. 10, 2017, 1:02 p.m.
Countries: North Korea
Variables: DV-LAW-2

"According to the KINU [Korean Institute for National Unification] 2015 white paper, the 2012 revision of the country’s criminal code indicated a sentence reduction for rape and domestic violence"(12)."The law states that a man who has sexual intercourse with a girl under age 15 shall be 'punished gravely.' There was no reporting on whether the government upheld this law"(14)
Nov. 3, 2017, 10:47 a.m.
Countries: Morocco
Variables: DV-LAW-2

"Morocco has taken steps toward legal reform on domestic violence, and three bills are pending...The other bills would make adjustments related to violence against women in the penal and criminal procedure codes"(3)."The revisions would clarify domestic violence crimes and rules of evidence pertaining to them"(3)."Positive provisions in the main violence against women bill include protective measures, such as removing abusers from the home or barring contact with the victim"(3)."Human Rights Watch urged the Moroccan government to improve these pending bills, by including, for example, emergency and longer-term orders for protection – also known as restraining orders. The bills should...spell out the duties of police, prosecutors, judges, and other authorities in ...more
July 28, 2017, 7:07 a.m.
Countries: Russia
Variables: DV-LAW-2

"Critics say the bill is a clear backslide on women’s rights; it would remove most legal and disciplinary distinctions between violence in the family household and street assaults, which were decriminalized in Russia in 2016. The offense carries a penalty of about $500 if prosecuted" (para 3). "One of the bill’s authors, Olga Batalina, reportedly told her fellow lawmakers that the amendment would only concern assaults causing 'bruises or grazes.' RFE/RL also cited ruling party official Andrei Isayev as saying that domestic assault would only be considered a misdemeanor on the first offense, but a criminal offense on the second" (para 7).
May 31, 2017, 8:32 a.m.
Countries: Zambia
Variables: DV-LAW-1, DV-LAW-2

"The Anti-Gender-based Violence Act of 2010 criminalizes spousal rape, and the penal code criminalizes domestic violence between spouses and among family members living in one home. The law provides for prosecution of most GBV crimes, and penalties for conviction of assault range from a fine to 25 years in prison, depending on the severity of injury and whether a weapon was used during the assault. The law requires medical reports prepared by certified practitioners for the prosecution of cases of violence against women (and also against men), but there were few certified practitioners in rural areas. The law provides for protection orders for victims of domestic and gender violence, and ...more
May 31, 2017, 8:24 a.m.
Countries: Venezuela
Variables: DV-LAW-2

Punishments for domestic violence vary depending on the nature of the violence: emotional abuse in Article 39 (6-18 months); article 41 on various forms of threats to physical, psychological, sexual or property abuse (10-22 months but increases 1/3 to 1/2 for domestic violence); sexual abuse in article 42 (10-15 years, with 1/4 to 1/3 increase for spouse, ex-spouse, ex-partner, partner); economic violence in article 50 (1-3 years).
May 31, 2017, 8:19 a.m.
Countries: Ukraine
Variables: DV-LAW-2

"If found guilty of domestic violence, the type and severity of the sentence will depend on the offence committed as well as on the aggravating or mitigating circumstances accompanying such offence. Thus, administrative liability for domestic violence actions may result in minor fines, an obligation to conduct certain public works (community service) or arrest for a short period. However, the sanctions for criminal acts are much more severe and may constitute substantial fines, imprisonment for various periods or even life imprisonment"
May 31, 2017, 8:15 a.m.
Countries: Turkey
Variables: DV-LAW-2

Felonious injury ARTICLE 86- (1) Person intentionally giving harm or pain to another person or executes an act which may lead to deterioration of health or mental power of others, is sentenced to imprisonment from one year to three years. (2) In case of commission of offense of felonious injury; a) Against antecedents or descendents, or spouse or brother/sister, b) Against a person who cannot protect himself due to corporal or spiritual disability, c) By virtue of public office, d) By undue influence based on public office, e) By use of a weapon, the offender is sentenced to imprisonment from two years to five years. "Torment ARTICLE 96-(1) Any person ...more
May 31, 2017, 8:07 a.m.
Countries: Tajikistan
Variables: DV-LAW-2

"The Family Violence Law does not criminalize domestic violence, nor does the Tajik Criminal Code or any other Tajik law. Focusing primarily on prevention, the Family Violence Law provides only administrative punishments, such as fines and administrative custody of the perpetrator. Instead of criminal penalties, the Law proscribes “disciplinary conversations” with the offenders and victims of violence to identify the causes and circumstances of the violence and explain social and legal consequences of future violence. Because the Family Violence Law does not explicitly recognize it as a crime punishable under the law, impunity for domestic violence remains the norm."
May 31, 2017, 7:29 a.m.
Countries: Rwanda
Variables: DV-LAW-2

"Criminal Code: Sexual Violence Article 171 (1) Whoever uses force or threatens a person of the same or opposite sex with imminent attack on life or limb thereby compelling that person to submit to any lewd act not covered by the preceding Article or to perform such an act shall be sentenced to imprisonment for not less than six months and not more than ten years. (2) If the offence under the preceding paragraph has been committed in a cruel or extremely humiliating manner or successively by several perpetrators or against offenders serving sentence or other persons whose personal freedom was taken away, the perpetrator(s) shall be sentenced to imprisonment ...more
May 31, 2017, 7:23 a.m.
Countries: Rwanda
Variables: DV-LAW-2

The Law on Prevention and Punishment of gender based violence gives various punishments for domestic and other gender based violence: (for example): Article 20: Penalty for harassing one’s spouse Any person guilty of harassing his/her spouse shall be liable to imprisonment of six (6) to two (2) years.; Article 26: Penalty for distorting tranquility of one’s spouse on sexual grounds Any person guilty of the offence referred to in paragraph 2 and 3 of Article 4 of this Law shall be liable to imprisonment of six (6) months to two (2) years and a fine between fifty thousand (50,000 Rwf) Rwandan francs and two hundred thousand (200,000 Rwf) Rwandan francs. ...more
May 31, 2017, 7:18 a.m.
Countries: Portugal
Variables: DV-LAW-1, DV-LAW-2

"Criminal Code: - Who, whether or not repeatedly, inflict physical or psychological maltreatment, including corporal punishment, deprivation of liberty and sexual offenses: A) To the spouse or former spouse; B) The person of another or the same sex with whom the agent maintains or has maintained a relationship of relationship or a relationship similar to that of the spouses, even without cohabitation; C) The parent of common descendant in 1st degree; or (D) a person who is particularly defenseless, in particular on account of age, disability, illness, pregnancy or economic dependency; Shall be punished with imprisonment from one to five years, if a more severe penalty does not fit him ...more
May 31, 2017, 7:02 a.m.
Countries: Paraguay
Variables: DV-LAW-2

"Article 229.- Family violence: He who, in the family, habitually exercised physical violence over another with whom he lives, will be punished with a fine."
May 28, 2017, 6:28 a.m.
Countries: Norway
Variables: DV-LAW-1, DV-LAW-2

Section 219. Anyone who threatens, force, restrict the freedom of movement, exercise violence against or otherwise violate, gross or repeated maltreatment A) his former or present spouse or cohabitant, B) the relative of the former or present spouse or cohabitant in the straight-line line, C) his relative in the ascending line, D) someone in his household, or E) someone in his care Punishable with imprisonment for up to 4 years. If the abuse is gross or insulted as a result of the act dies or causes significant damage to the body or health, the sentence is imprisonment for up to 6 years. In determining whether the abuse is gross, particular ...more
May 28, 2017, 6:11 a.m.
Countries: Morocco
Variables: DV-LAW-2

Translated from French - "Whoever volontarily beats or hurts one of his ancestors, kafil or spouse, is punished: 1) In the cases and by the distinctions described by articles 400 and 401, of twice the punishment enated by these articles; 2) in the case described by article 402-1, of imprisonment for twenty to thirty years; 3) In the case described by article 403-1, of imprisonment for tweny to thirty years, and in the case described by article 403-2, of perpetuel imprisonment."