Latest items for DV-LAW-3
March 30, 2024, 2:46 p.m.
Countries: Lithuania
Variables: LRW-LAW-3, DV-LAW-3
"[W]omen who have been victims of gender - based violence, including domestic violence, would no longer be obligated to testify in court in the related criminal trial" (2).
Variables: LRW-LAW-3, DV-LAW-3
"[W]omen who have been victims of gender - based violence, including domestic violence, would no longer be obligated to testify in court in the related criminal trial" (2).
July 10, 2023, 9:26 p.m.
Countries: Maldives
Variables: DV-LAW-3
"On the Committee’s CO to expedite the adoption of the bills pending before the parliament aimed at strengthening the State party’s administration of justice, in particular the bills on legal aid, evidence, witness protection, juvenile justice, and the judicature, remove evidentiary requirements that discriminate against women and ensure the equal consideration and weight of the women’s testimonies as witnesses." (31)(NF - CODER COMMENT - The creation of these new laws implies that a woman's testimony was not taken into consideration or seen as valid during legal proceedings). "An Evidence Bill has been drafted and is in the pipeline to be submitted to the Parliament. The Evidence Bill will include provisions...more
Variables: DV-LAW-3
"On the Committee’s CO to expedite the adoption of the bills pending before the parliament aimed at strengthening the State party’s administration of justice, in particular the bills on legal aid, evidence, witness protection, juvenile justice, and the judicature, remove evidentiary requirements that discriminate against women and ensure the equal consideration and weight of the women’s testimonies as witnesses." (31)(NF - CODER COMMENT - The creation of these new laws implies that a woman's testimony was not taken into consideration or seen as valid during legal proceedings). "An Evidence Bill has been drafted and is in the pipeline to be submitted to the Parliament. The Evidence Bill will include provisions...more
June 27, 2023, 11:15 p.m.
Countries: Algeria
Variables: LRW-LAW-3, DV-LAW-3
"The testimony of men and women has equal weight under the law" (8).
Variables: LRW-LAW-3, DV-LAW-3
"The testimony of men and women has equal weight under the law" (8).
May 11, 2023, 10:15 p.m.
Countries: Australia
Variables: DV-LAW-3
"It also includes $106million to improve safety for victims attending court" (Para. 18).
Variables: DV-LAW-3
"It also includes $106million to improve safety for victims attending court" (Para. 18).
Feb. 18, 2023, 10:46 a.m.
Countries: Canada
Variables: DV-LAW-3
"The jury heard from family members, including Valerie Warmerdam, Nathalie’s daughter, who painted a nuanced and empathetic picture of Borutski as a troubled stepfather. It heard from a frontline worker who described Warmerdam and Kuzyk’s constant terror that Borutski would kill them or harm their family" (Para.11).
Variables: DV-LAW-3
"The jury heard from family members, including Valerie Warmerdam, Nathalie’s daughter, who painted a nuanced and empathetic picture of Borutski as a troubled stepfather. It heard from a frontline worker who described Warmerdam and Kuzyk’s constant terror that Borutski would kill them or harm their family" (Para.11).
March 25, 2022, 8:54 p.m.
Countries: United Arab Emirates
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DV-LAW-3
"For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (28).
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, DV-LAW-3
"For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands" (28).
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: DV-LAW-3
"According to Islamic Sharia, one male witness is enough, however, for a woman one is not enough, there must be two women as witnesses - in the court of law" (1).
Variables: DV-LAW-3
"According to Islamic Sharia, one male witness is enough, however, for a woman one is not enough, there must be two women as witnesses - in the court of law" (1).
Dec. 3, 2021, 8:55 p.m.
Countries: Portugal
Variables: DV-PRACTICE-2, DV-LAW-3, GP-DATA-5
"The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 26 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims" (10).
Variables: DV-PRACTICE-2, DV-LAW-3, GP-DATA-5
"The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 26 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims" (10).
Sept. 22, 2021, 5:58 p.m.
Countries: Russia
Variables: DV-LAW-3
"'It's much more dangerous when the threat exists in your home which is meant to be a safe place,' says Diana Barsegyan of the anti-domestic violence advocacy group, Nasiliu.net. 'Plus the victim must prove everything themselves and often the police don't respond or come to investigate. They're not educated, they don't understand that violence can come in many forms. They don't, for example, understand the idea of rape in a marriage'" (para 23-24).
Variables: DV-LAW-3
"'It's much more dangerous when the threat exists in your home which is meant to be a safe place,' says Diana Barsegyan of the anti-domestic violence advocacy group, Nasiliu.net. 'Plus the victim must prove everything themselves and often the police don't respond or come to investigate. They're not educated, they don't understand that violence can come in many forms. They don't, for example, understand the idea of rape in a marriage'" (para 23-24).
Feb. 13, 2021, 6:47 p.m.
Countries: United Arab Emirates
Variables: DV-LAW-3
“Radha Stirling, of the pressure group Detained in Dubai, said the recent death of Peter and Jane's father Victor means her family's voice can no longer be heard in the Dubai court. She said that in the UAE, the victim's family is able to advocate for the deceased and now that Jane's father has passed away, this element of the sentence can legally be reduced and brother had no legal rights to advocate on her behalf” (para 19-20).
Variables: DV-LAW-3
“Radha Stirling, of the pressure group Detained in Dubai, said the recent death of Peter and Jane's father Victor means her family's voice can no longer be heard in the Dubai court. She said that in the UAE, the victim's family is able to advocate for the deceased and now that Jane's father has passed away, this element of the sentence can legally be reduced and brother had no legal rights to advocate on her behalf” (para 19-20).
Oct. 22, 2020, 2:22 p.m.
Countries: Armenia
Variables: DV-LAW-3
"Thus, victim testimonies are not given sufficient power and records without prior knowledge of the perpetrator are considered illegal. In practice, this translates to witnesses avoiding giving their testimonies and not seeking justice" (23).
Variables: DV-LAW-3
"Thus, victim testimonies are not given sufficient power and records without prior knowledge of the perpetrator are considered illegal. In practice, this translates to witnesses avoiding giving their testimonies and not seeking justice" (23).
Sept. 16, 2020, 1:48 p.m.
Countries: Macedonia
Variables: DV-LAW-3
"Enabling victims in a manner consisitent with the procedural rules of internal law, to be heard, to supply eveidence and have their views needs and concenrns presented, directly or through an intermediary and considered" (Article 56).
Variables: DV-LAW-3
"Enabling victims in a manner consisitent with the procedural rules of internal law, to be heard, to supply eveidence and have their views needs and concenrns presented, directly or through an intermediary and considered" (Article 56).
Sept. 3, 2020, 11:28 a.m.
Countries: Benin
Variables: DV-LAW-3
Evidence: the oral testimony of the victim can be considered as evidence as such.
Variables: DV-LAW-3
Evidence: the oral testimony of the victim can be considered as evidence as such.
Sept. 2, 2020, 4:12 p.m.
Countries: Austria
Variables: DV-LAW-2, DV-LAW-3
"The relevant regulations are laid down in section 382b, section 382e and section 382g of the Enforcement Code (EO). If the endangered person needs prolonged protection against the endangering person, she can apply for an interim injunction pursuant to section 382b and/or section 382e EO with the District Court (Bezirksgericht) of the place of residence of the endangered person. Such applications can be submitted without a lawyer. However, legal advice is important for preparing all documents required by the court to make a decision. Documents include 'attestations' (Bescheinigungsmittel) to prove the use of violence, such as medical evidence or photos. Further attestations are testimonies made by the affected woman or...more
Variables: DV-LAW-2, DV-LAW-3
"The relevant regulations are laid down in section 382b, section 382e and section 382g of the Enforcement Code (EO). If the endangered person needs prolonged protection against the endangering person, she can apply for an interim injunction pursuant to section 382b and/or section 382e EO with the District Court (Bezirksgericht) of the place of residence of the endangered person. Such applications can be submitted without a lawyer. However, legal advice is important for preparing all documents required by the court to make a decision. Documents include 'attestations' (Bescheinigungsmittel) to prove the use of violence, such as medical evidence or photos. Further attestations are testimonies made by the affected woman or...more
Aug. 31, 2020, 6:29 p.m.
Countries: Albania
Variables: DV-LAW-3
"Evidence: the victim can either file a form to declare her/his condition as victim of domestic violence, or any witness can report the occurrence of violence" (9).
Variables: DV-LAW-3
"Evidence: the victim can either file a form to declare her/his condition as victim of domestic violence, or any witness can report the occurrence of violence" (9).
May 21, 2020, 7:15 p.m.
Countries: Morocco
Variables: DV-LAW-2, DV-LAW-3
The revised violence against women bill removed a provision from the original draft which clarified what evidence courts could consider in domestic violence cases. The original draft specified that courts could consider reports of psychologists, medical evidence, expert statements, photographs, audio and visual recordings, and the victim’s statements in hospital records.[16] Removing this provision is a step backwards. The bill should ensure that all forms of evidence should be considered, and it should further specify that a victim’s testimony in court may be sufficient evidence to reach a conviction.[17] This is particularly important as, according to lawyers who spoke to Human Rights Watch, prosecutions and convictions under the penal code...more
Variables: DV-LAW-2, DV-LAW-3
The revised violence against women bill removed a provision from the original draft which clarified what evidence courts could consider in domestic violence cases. The original draft specified that courts could consider reports of psychologists, medical evidence, expert statements, photographs, audio and visual recordings, and the victim’s statements in hospital records.[16] Removing this provision is a step backwards. The bill should ensure that all forms of evidence should be considered, and it should further specify that a victim’s testimony in court may be sufficient evidence to reach a conviction.[17] This is particularly important as, according to lawyers who spoke to Human Rights Watch, prosecutions and convictions under the penal code...more
May 21, 2020, 7:06 p.m.
Countries: Morocco
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
Under the shiny headlines, a disappointing reality remains: while the law increases prison time and fines for certain acts of violence, such as when the violent person is a relative of the victim or if the victim has a disability, it does nothing to protect women, ensure that those in charge of women’s security execute their duties, or offer concrete services to victims of violence. Currently, the Moroccan criminal law does not allow the police to intervene in domestic disputes unless there is an imminent threat of death, a policy aptly described by the infamous catchphrase “is there blood?” Furthermore, prosecutors are incapable of investigating cases of assault and battery...more
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
Under the shiny headlines, a disappointing reality remains: while the law increases prison time and fines for certain acts of violence, such as when the violent person is a relative of the victim or if the victim has a disability, it does nothing to protect women, ensure that those in charge of women’s security execute their duties, or offer concrete services to victims of violence. Currently, the Moroccan criminal law does not allow the police to intervene in domestic disputes unless there is an imminent threat of death, a policy aptly described by the infamous catchphrase “is there blood?” Furthermore, prosecutors are incapable of investigating cases of assault and battery...more
May 21, 2020, 6:28 p.m.
Countries: Guinea
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
Domestic violence is covered under article 303 of the Penal Code, which stipulates that deliberate violence, assault and battery between spouses will be punished under the appropriate provisions in the Penal Code. Penalties for physical violence between spouses range from 16 days to five years of imprisonment (Penal Code, art. 295-298). However, article 303 of the Penal Code only refers to physical violence between spouses and does not include former partners and does not cover specifically sexual, psychological and economic violence in the domestic sphere. Furthermore, article 303 stipulates that the spouse who is a victim may stop the prosecution or the effect of the conviction by granting his/her pardon.more
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
Domestic violence is covered under article 303 of the Penal Code, which stipulates that deliberate violence, assault and battery between spouses will be punished under the appropriate provisions in the Penal Code. Penalties for physical violence between spouses range from 16 days to five years of imprisonment (Penal Code, art. 295-298). However, article 303 of the Penal Code only refers to physical violence between spouses and does not include former partners and does not cover specifically sexual, psychological and economic violence in the domestic sphere. Furthermore, article 303 stipulates that the spouse who is a victim may stop the prosecution or the effect of the conviction by granting his/her pardon.more
April 4, 2020, 8:45 a.m.
Countries: Rwanda
Variables: DV-LAW-3, GP-DATA-5
"Law No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence criminalizes the victims’ refusal to testify" (6).
Variables: DV-LAW-3, GP-DATA-5
"Law No. 59/2008 of 10 September 2008 on the prevention and punishment of gender-based violence criminalizes the victims’ refusal to testify" (6).
July 2, 2019, 12:52 p.m.
Countries: Sudan
Variables: LRW-LAW-3, DV-LAW-3
"In certain probate trials, the testimony of women is not considered equivalent to that of men; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man" (Pg 66).
Variables: LRW-LAW-3, DV-LAW-3
"In certain probate trials, the testimony of women is not considered equivalent to that of men; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man" (Pg 66).
June 25, 2019, 8:40 p.m.
Countries: Kuwait
Variables: DV-LAW-3
"A woman must provide at least two male witnesses (or a male witness and two female witnesses) to attest to such injury" (p. 20).
Variables: DV-LAW-3
"A woman must provide at least two male witnesses (or a male witness and two female witnesses) to attest to such injury" (p. 20).
June 24, 2019, 11:18 a.m.
Countries: Cyprus
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
"There were reports of violence against women, including spousal abuse, and the number of reported cases has sharply increased in recent years. The law establishes clear mechanisms for reporting and prosecuting family violence and provides that the testimony of minors and experts, such as psychologists, may be used as evidence to prosecute abusers. The law provides for the imprisonment of persons found guilty of abusing family members. The court can issue a same-day restraining order against suspected or convicted domestic-violence offenders. Doctors, hospital workers, and education professionals are required to report all suspected cases of domestic violence to police. Many victims refused to testify in court, however, and by law,...more
Variables: DV-LAW-1, DV-LAW-2, DV-LAW-3
"There were reports of violence against women, including spousal abuse, and the number of reported cases has sharply increased in recent years. The law establishes clear mechanisms for reporting and prosecuting family violence and provides that the testimony of minors and experts, such as psychologists, may be used as evidence to prosecute abusers. The law provides for the imprisonment of persons found guilty of abusing family members. The court can issue a same-day restraining order against suspected or convicted domestic-violence offenders. Doctors, hospital workers, and education professionals are required to report all suspected cases of domestic violence to police. Many victims refused to testify in court, however, and by law,...more
June 21, 2019, 12:48 p.m.
Countries: Saudi Arabia
Variables: LRW-LAW-3, DV-LAW-3
"Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime. The government enforced the law based on its interpretation of sharia, and courts often punished victims as well as perpetrators for illegal “mixing of genders,” even when there was no conviction for rape. Victims also had to prove that the rape was committed, and women’s testimony in court is worth half the weight of that of a man. Consequently, due to these legal and social penalties, authorities brought few cases to trial. The government did not maintain public records on prosecutions, convictions, or...more
Variables: LRW-LAW-3, DV-LAW-3
"Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime. The government enforced the law based on its interpretation of sharia, and courts often punished victims as well as perpetrators for illegal “mixing of genders,” even when there was no conviction for rape. Victims also had to prove that the rape was committed, and women’s testimony in court is worth half the weight of that of a man. Consequently, due to these legal and social penalties, authorities brought few cases to trial. The government did not maintain public records on prosecutions, convictions, or...more
June 20, 2019, 10:07 a.m.
Countries: Qatar
Variables: LRW-LAW-3, DV-LAW-3
"Women may attend court proceedings and represent themselves, but a male relative generally represented them. In some cases a woman’s testimony is deemed half that of a man’s, and in some cases a female witness is not accepted at all" (p. 16).
Variables: LRW-LAW-3, DV-LAW-3
"Women may attend court proceedings and represent themselves, but a male relative generally represented them. In some cases a woman’s testimony is deemed half that of a man’s, and in some cases a female witness is not accepted at all" (p. 16).
June 17, 2019, 7:48 p.m.
Countries: Mauritania
Variables: DV-LAW-3
"According to sharia as applied in the country, the testimony of two women was necessary to equal that of one man" (p. 18).
Variables: DV-LAW-3
"According to sharia as applied in the country, the testimony of two women was necessary to equal that of one man" (p. 18).
June 17, 2019, 12:20 p.m.
Countries: Oman
Variables: LRW-LAW-3, DV-LAW-3
"In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man" (Pg 15).
Variables: LRW-LAW-3, DV-LAW-3
"In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man" (Pg 15).
June 14, 2019, 2:55 p.m.
Countries: Nigeria
Variables: LRW-LAW-3, DV-LAW-3
"Sharia courts usually accorded the testimony of women and non-Muslims less weight than that of men. Under common law, women and members of other groups could testify in civil or criminal proceedings and give testimony that carried the same weight as testimony of other witnesses. Some sharia court judges allowed different evidentiary requirements to prove adultery or fornication for male and female defendants. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast sharia courts could convict men only if they confessed or there was eyewitness testimony regarding their crime. Sharia courts, however, provided women with certain benefits, including increased access to...more
Variables: LRW-LAW-3, DV-LAW-3
"Sharia courts usually accorded the testimony of women and non-Muslims less weight than that of men. Under common law, women and members of other groups could testify in civil or criminal proceedings and give testimony that carried the same weight as testimony of other witnesses. Some sharia court judges allowed different evidentiary requirements to prove adultery or fornication for male and female defendants. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast sharia courts could convict men only if they confessed or there was eyewitness testimony regarding their crime. Sharia courts, however, provided women with certain benefits, including increased access to...more
May 28, 2019, 5:40 p.m.
Countries: Yemen
Variables: DV-LAW-3
"Women also faced unequal treatment in courts, where the testimony of a woman equals half that of a man’s. Female parties in court proceedings such as divorce and other family law cases normally deputized male relatives to speak on their behalf, although they have the option to speak for themselves" (38).
Variables: DV-LAW-3
"Women also faced unequal treatment in courts, where the testimony of a woman equals half that of a man’s. Female parties in court proceedings such as divorce and other family law cases normally deputized male relatives to speak on their behalf, although they have the option to speak for themselves" (38).
May 21, 2019, 9:35 p.m.
Countries: Montenegro
Variables: LRW-LAW-3, DV-LAW-3
A woman's testimony carries the same evidentiary weight in court as a man's (115).
Variables: LRW-LAW-3, DV-LAW-3
A woman's testimony carries the same evidentiary weight in court as a man's (115).
May 21, 2019, 8:59 p.m.
Countries: Mongolia
Variables: LRW-LAW-3, DV-LAW-3
A woman's testimony carries the same evidentiary weight in court as a man's (115).
Variables: LRW-LAW-3, DV-LAW-3
A woman's testimony carries the same evidentiary weight in court as a man's (115).