A/HRC/23/49
“easier” cases will be processed and finalized more quickly. Although the misdemeanor
system is recognized to be faster than the general criminal justice system, the Special
Rapporteur received reports indicating unacceptable delays in the issuing and execution of
protective measures and also the completion of trials.
55.
Courts rarely have the required levels of specialization in respect of violence against
women cases. These cases are often decided without the best interest of women in mind,
and without due consideration of the particular elements of gender inequality and
discrimination rooted in such violence. It is common for only the most serious cases, that is,
those that involve serious bodily harm, or death, to be identified as criminal offences.
Judicial practices frequently do not reflect an understanding of the dynamics of domestic
violence nor sensitivity to victims of long-term, repeated violence. Judges sometimes
discredit victims’ experiences, doubt the testimony of women who delay reporting the
violence, or accuse them of lying in order to abuse the system or obtain financial gains or
property. In addition, due to the allocation of minimum resources and personnel, the
possibility of specialization by judges is impossible.
56.
In some countries, judicial sentences focus on treatment for perpetrators rather than
on the protection of victims. Psychosocial and addiction treatment programmes are ordered
along with suspended sentences, even in high-risk cases in some instances. The Special
Rapporteur heard testimonies of court decisions being influenced by patriarchal views
among judges who feel that they need to be sensitive with men when deciding on a
spousal/partner violence case, due to men’s roles as “breadwinners” and the need to take
into account the financial support needs of the family. This is a consideration for some
judges when they are deciding on whether to incarcerate a male perpetrator. However, these
kinds of considerations or concerns regarding the offenders’ family finances are not
considered in cases involving drug offences, robbery or other crimes; which the criminal
justice system apparently deems much more serious than violence against women crimes.
These challenges indicate an urgent need for comprehensive judicial training on violence
against women.
5.
Social services
57.
The provision of social services by State authorities is common to all regions, but
there is no information on whether this is underpinned by human rights norms and
standards, especially in respect of women’s rights to equality, non-discrimination and
bodily integrity. The general consensus, in many regions, is that in cases relating to
violence against women, a social welfare approach is the norm. In many country missions
the Special Rapporteur witnessed how State-run services, particularly social services or
“social-work centres”, often operate with an explicit focus on family reconciliation or
reunification. In such countries, the norm is to resolve cases of partner/spousal/domestic
violence through reconciliation and not through accountability measures, such as through
prosecution and punishment of perpetrators. These institutions often show inadequate and
inappropriate responses to the protection needs of women victims, with employees lacking
understanding of the complex nature of abusive relationships and failing to respond
adequately, sometimes to the point of jeopardizing victims’ safety.
58.
Employees have often not undergone any training on violence nor on riskassessment which would enable them to identify situations of risk in order to decide on
suitable preventative measures to protect the victims of violence, if necessary. The focus on
preserving the family unity results in employees advising the victims to return home to
perpetrators, or warning them that they will be separated from their children should they go
to a shelter. The priority given by such services to family reunification is worrying, as the
mediation or reconciliation processes followed rarely acknowledge or have any
methodology to address the power imbalances which exist between victims and abusers.
16
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