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Goddess Amani

Violence against women is a bitter reality that exists in all countries, cultures, and societies. Violence against women is never acceptable, justifiable, or tolerable. Women experience violence in both public and private spheres, by governments and employers, and in their personal lives by family members and acquaintances. Violence against women takes various forms and has numerous social, cultural, political, and economic implications, making it the most widespread violation of human rights.

In 2016, 23 years after the United Nations declaration on the elimination of all forms of violence against women and girls, it was reported that 340 million women experience various forms of violence. This number is equivalent to the entire population of Africa. In March 2016, Ban Ki-moon, the Secretary-General of the United Nations, emphasized the familiar yet alarming statistics in his speech. He stated that globally, one in every three women is a victim of sexual or physical violence, and also continued to say that governments must allocate sufficient budget to combat various forms of violence against women, promote education, develop protective laws for victims of violence, and create incentives for changing outdated cultural behaviors and promoting gender equality in society. Violence against women is a result of gender inequality.

At a global level, 120 countries have laws regarding violence against women. In some countries, any form of violence against women is considered a crime and is subject to legal action. Gender discrimination is the root cause of violence against women. In 2014, 143 out of 195 countries in the world reflected gender discrimination in their laws and deemed it legally unacceptable. However, discrimination still exists in various degrees in societies around the world, as it is perpetuated through laws and policies, gender stereotypes that uphold the patriarchal system, and the influence of religion, particularly in its fundamentalist interpretation.

What is certain is that cultural, economic, and social factors have an impact on how women experience violence.

“Violence in the private sphere and the role of governments.”

What role do governments play in addressing violence against women in the private and family sphere? How can the lack of supportive laws and regulations for women who experience violence be explained within the framework of the fundamental role and responsibility of governments in establishing and ensuring security for half of society, women? How does even in societies where protective laws exist, neglect in their enforcement lead to victims of violence not being able to benefit from security in their country, environment, and home?

“Domestic violence is a form of violence that occurs in a private environment, between individuals who are in a close relationship with each other, whether through blood, family, or legal ties. Domestic violence is almost always a crime that is based on gender and is perpetrated by men against women” (Coomar Swamy, 1996). Although this definition still holds true, it is necessary to expand the final part of this quote, which only labels domestic violence as “men against women,” to include the diversity of family structures. Multiple studies have emphasized that violence exists in various forms in same-sex relationships as well; because violence stems from unequal power dynamics, it can also exist in same-sex relationships.”

“The chain of multiple factors creates discouraging, challenging, and inhibiting conditions for women to leave violent relationships” (Adelman – 2000). These discouraging and inhibiting conditions include economic dependencies, lack of social and legal support for leaving violent relationships (such as safe houses and challenging legal hierarchies that often place the victim of violence under bureaucratic and separation processes), cultural pressures to maintain the “family unit” and essentially the private and personal sphere where this violence takes place. The question is to what extent laws and regulations can have an impact in the private sphere of family life? Can what happens in the private sphere be considered legal and subject to legal consequences, or is the concept of “four walls, voluntary” still a dominant cultural norm? Should the government tolerate violence in the private sphere? Are there any civil solutions for victims of violence and those who are subjected to violence (such as the right to divorce and a restraining order against the perpetrator)? In cases where acts of violence are

In many societies, physical violence, isolation, threats, intimidation, and insults are perceived as “teaching a lesson” or “disciplining”, and in this way, the nature of violent acts is emptied of its true meaning, and language is used to give it a positive connotation.

The reality is that the father-male dominant system is based on unequal power relations between sexes, and it acts as a protector of these relations. To maintain its “order”, which is justified in the personal beliefs of the one in power, it creates a framework for “civilizing” and “teaching” through justifications. This is similar to how governments maintain their “order” and “security” by not allowing their unjust and oppressive systems to be challenged in public through arrests, imprisonment, harassment, torture, and execution.

This notion of “what is private is public” is a perspective that ties violence against women and the violation of women’s human rights in both the private and public spheres, and is a link that both the women’s movement and the human rights movement benefit from.

In majority Muslim societies, domestic violence is a common trend and combating it also presents common challenges with other communities. However, the application of Islamic jurisprudence and legal laws as a legal framework for regulating and administering (administering) internal family relationships (marriage, divorce, custody and guardianship rights, inheritance laws, etc.) has significant effects on the power dynamics of sexual and gender relations in society. Islamic laws can also act as a judicial and legal system as well as religious-cultural grounds for social behaviors and Islamic values. In societies where Islamic laws act as a judicial system in regards to women and family matters, and there are no separate civil laws that respect women’s rights as equal members of society, there are numerous challenges.

In such societies, efforts for legal reforms to change laws and support women’s rights in the family are in conflict with Islamic laws regarding the role of women in the family and reforms that are in line with the needs of society. Historical experiences of different societies show that it is the political will and determination of the government that can determine the red lines of what is acceptable and what is illegal in terms of violence against women. In many societies with a Muslim majority, this distinction and reforms and separation of civil laws related to women’s and family rights have taken place, and women are protected by supportive laws in this regard.

Violence against women and the modern social movement for human rights.

Until the early 1990s, many forms of violence against women were not only ignored by governments, but also by human rights defenders. Human rights defenders only paid attention to violence perpetrated by governments against women who were rising up against political power and experiencing harassment, torture, and imprisonment. In fact, only the violence experienced by women in the public sphere of society was given attention. However, in the past 25 years, the human rights movement and its activists have paid special attention to violence against women, as it is the most widespread violation of human rights. The way this change has taken place is historically significant. The use of human rights concepts and documents to address human rights violations in the private sphere has empowered the women’s movement to hold governments accountable for addressing violence in this area and ensuring the safety of women.

In 1993, the World Development Report estimated that globally, “violence against women was a major threat and the cause of women’s deaths during their reproductive years, alongside cancer and a greater threat to women’s health than malaria and car accidents.”

Hilary Charlesworth, an Australian researcher and feminist, first raised the issue in 1984 that women’s experiences are “almost invisible in international laws.” Traditional understandings of human rights and international laws operate on the assumption that there are significant differences between the private and public spheres. Not only are physical violence, sexual assault, and mutilation of women by family members and close relatives considered private matters, but these forms of harassment and abuse are often overlooked to the extent that collecting and researching statistics on various forms of violence is extremely difficult.

The inclusion of the private sphere in the discourse of human rights and understanding violence against women through the use of human rights tools and documents is, in fact, a historical transformation in the advancement of human rights and the elimination of violence against women as the main hindering factor in respecting human rights and dignity in half of the human society.

There are three areas in which violence against women can be considered a violation of human rights, as follows:

a) The right to life, freedom, and security.

Although the Universal Declaration of Human Rights does not explicitly mention violence against women, Article 3 of this declaration states that “everyone has the right to life, liberty, and security of person.” This right is emphasized in the International Covenant on Civil and Political Rights of 1966, which includes the right to life (Article 6) and the right to liberty and security (Article 9). These rights, along with other provisions in the International Covenant on Economic, Social and Cultural Rights, such as the right to equal access to appropriate health care for physical and mental health, have applications in addressing various forms of violence against women. Therefore, governments that have signed these agreements are obligated and accountable to protect women from violence in both private and public spheres.

b) Right to equality and freedom from discrimination.

Like other international human rights documents, the original text of the “Convention on the Elimination of All Forms of Discrimination against Women” (CEDAW) adopted in 1979 and entered into force in 1981, does not mention violence against women. However, the main focus of CEDAW and its signatories is to condemn any form of discrimination against women, and violence against women is also one of the prominent and distinct manifestations of discrimination against women.

The United Nations special advisors on violence against women have always emphasized that “governments must acknowledge that violence against women is not the root cause, but rather a reflection and manifestation of various forms of discrimination that thrive.” In fact, violence against women is a severe and extreme crystallization of the chain of sexual and gender-based discrimination.

The SIDA Committee, which oversees the implementation of the SIDA Convention, states in “General Guideline No. 19” that “the term discrimination encompasses factors related to gender and sexuality, and it means that the violence experienced by women is due to their gender and being a woman results in significantly different and more harmful effects for them compared to men. This includes physical, psychological, and sexual harassment, as well as threats or acts of coercion and other forms of restriction of freedom.”

The role of men in reducing violence against women.

In the light of increasing global attention towards ending violence against women, examining the role of men in addressing this issue holds a significant place. Exploring the discourse of masculinity and the reasons behind violence can provide new perspectives in understanding the widespread violence against women and offer solutions to combat it. Traditional discourse on violence, particularly those based on gender and sexuality, focuses on men’s violence against women and the need for women to have legal, social, and economic support and a safe space to continue their independent lives. The role of men in violence and how their strength can be used to end violence against women has received less attention. The most common argument for current changes in the discourse on men’s role in ending violence against women relies on the fact that supporting women who have experienced violence has not prevented men from committing violence. Along with legal changes to support women who have experienced violence, creating social and economic opportunities and removing immunity for those who commit violence, along with cultural education to combat gender-based violence, and researching

Sources.

1- بازگرداندن حقوق زنان به جنبش حقوق بشر.

“Dialogue: A Key Element in Conflict Resolution”

The text is discussing the relationship between religion, state power, and domestic violence in Muslim societies, and proposes a framework for comparative analysis.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).,

http://www.un.org/womenwatch/daw/cedaw/ translates to “http://www.un.org/womenwatch/daw/cedaw/” in English.

3- Domestic Violence Fact Sheet.

This is a link to a fact sheet about domestic violence.

The World Health Organization has provided global and regional statistics on violence against women, including the prevalence and health consequences of intimate partner violence and non-partner sexual violence in 2013.

“http://apps.who.int/iris/bitstream/10665/85239/1/9789241564625 _eng.pdf?ua=1” is a link to a document in English with the title “Global Strategy for the Prevention and Control of Noncommunicable Diseases.”

5- خشونت علیه زنان: خشونت همسرانه و جنسی علیه زنان، سازمان بهداشت جهانی.

5- Violence Against Women: Intimate Partner and Sexual Violence Against Women, WORLD HEALTH ORG.

The link provided is for the World Health Organization’s fact sheet on “Tuberculosis.”

(last updated January 2016)