Outlawing violence against women: A first step
Legislation against domestic violence has been enacted in 44 countries
around the world; 17 have made marital rape a criminal offence; 27 have
passed sexual harassment laws; and just 12 countries have laws against
FGM.
The few laws that do exist vary significantly in strength and enforceability
from one legal system to another. In countries that have not enacted specific
laws, it may be possible to prosecute offenders under more general criminal
statutes.
Some governments have introduced accessible and well-integrated legal
provisions, such as Ecuador’s 1995 law against domestic violence—a clear-cut
prohibition of physical and mental assaults. Current and former cohabitants
and parties in non-marital intimate relationships are included in the legislation,
and psychological violence is explicitly defined.
Other laws are more vague: New Zealand has enacted family violence legislation
without specific reference to women or girls; in Malawi, a constitutional
provision makes a general commitment to implementing policy on domestic
violence.
In recent years, sexual harassment has been publicly acknowledged as
harmful to women, and countries are taking the first steps by adopting
legislation prohibiting it. In the last two years, legislation that directly
addresses sexual harassment has been passed in Belgium, Belize, Costa Rica,
Finland, France, Ireland, Paraguay, the Philippines and Switzerland. Similar
legislation has been proposed in Chile, Italy, Jamaica and South Africa.
Laws that criminalize gender-based violence are positive steps but but
they offer not guarantees. Worldwide, even where laws are in place, prosecution
of perpetrators is rare, and successful prosecutions uncommon. |