History
Prior to the mid-1800s, most legal systems viewed wife beating as a valid exercise of a husband's authority over his wife. One exception, however, was the 1641 Body of Liberties of the Massachusetts Bay colonists, which declared that a married woman should be "free from bodily correction or stripes by her husband."
Political agitation and the first-wave feminist movement during the 19th century led to changes in both popular opinion and legislation regarding domestic violence within the United Kingdom, the United States and other countries. In 1850, Tennessee became the first state in the United States to explicitly outlaw wife beating. Other states soon followed. In 1878, the UK Matrimonial Causes Act made it possible for women in the UK to seek legal separation from an abusive husband. By the end of the 1870s, most courts in the United States had rejected a claimed right of husbands to physically discipline their wives. By the early 20th century, it was common for police to intervene in cases of domestic violence in the United States, but arrests remained rare.
In most legal systems around the world, domestic violence has been addressed only from the 1990s onward; indeed, before the late-20th century, in most countries there was very little protection, in law or in practice, against DV. In 1993, the UN published Strategies for Confronting Domestic Violence: A Resource Manual. This publication urged countries around the world to treat DV as a criminal act, stated that the right to a private family life does not include the right to abuse family members, and acknowledged that, at the time of its writing, most legal systems considered DV to be largely outside the scope of the law, describing the situation at that time as follows: "Physical discipline of children is allowed and, indeed, encouraged in many legal systems and a large number of countries allow moderate physical chastisement of a wife or, if they do not do so now, have done so within the last 100 years. Again, most legal systems fail to criminalize circumstances where a wife is forced to have sexual relations with her husband against her will. [...] Indeed, in the case of violence against wives, there is a widespread belief that women provoke, can tolerate or even enjoy a certain level of violence from their spouses."
In recent decades, there has been a call for the end of legal impunity for domestic violence, an impunity often based on the idea that such acts are private. The Istanbul Convention is the first legally binding instrument in Europe dealing with domestic violence and violence against women. The convention seeks to put an end to the toleration, in law or in practice, of violence against women and DV. In its explanatory report it acknowledges the long tradition of European countries of ignoring, de jure or de facto, these forms of violence. At para 219, it states: "There are many examples from past practice in Council of Europe member states that show that exceptions to the prosecution of such cases were made, either in law or in practice, if victim and perpetrator were, for example, married to each other or had been in a relationship. The most prominent example is rape within marriage, which for a long time had not been recognized as rape because of the relationship between victim and perpetrator."
There has been increased attention given to specific forms of domestic violence, such as honor killings, dowry deaths, and forced marriages. India has, in recent decades, made efforts to curtail dowry violence: the Protection of Women from Domestic Violence Act (PWDVA) was enacted in 2005, following years of advocacy and activism by the women's organizations. Crimes of passion in Latin America, a region which has a history of treating such killings with extreme leniency, have also come to international attention. In 2002, Widney Brown, advocacy director for Human Rights Watch, argued that there are similarities between the dynamics of crimes of passion and honor killings, stating that: "crimes of passion have a similar dynamic [to honor killings] in that the women are killed by male family members and the crimes are perceived as excusable or understandable".
Historically, children had few protections from violence by their parents, and in many parts of the world, this is still the case. For example, in Ancient Rome, a father could legally kill his children. Many cultures have allowed fathers to sell their children into slavery. Child sacrifice was also a common practice. Child maltreatment began to garner mainstream attention with the publication of "The Battered Child Syndrome" by pediatric psychiatrist C. Henry Kempe. Prior to this, injuries to children—even repeated bone fractures—were not commonly recognized as the results of intentional trauma. Instead, physicians often looked for undiagnosed bone diseases or accepted parents' accounts of accidental mishaps such as falls or assaults by neighborhood bullies.
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