What Is Domestic Violence? (Part X)

Legislation

Lack of adequate legislation which criminalizes domestic violence, or, alternatively legislation which prohibits consensual behaviors, may hinder the progress in regard to reducing the incidence of DV. Amnesty International's Secretary General has stated that: "It is unbelievable that in the twenty-first century some countries are condoning child marriage and marital rape while others are outlawing abortion, sex outside marriage and same-sex sexual activity – even punishable by death."  According to WHO, "one of the most common forms of violence against women is that performed by a husband or male partner." The WHO notes that such violence is often ignored because often "legal systems and cultural norms do not treat as a crime, but rather as a 'private' family matter, or a normal part of life."  The criminalization of adultery has been cited as inciting violence against women, as these prohibitions are often meant, in law or in practice, to control women's and not men's behavior; and are used to rationalize acts of violence against women.  According to High Commissioner for Human Rights Navi Pillay: "Some have argued, and continue to argue, that family violence is placed outside the conceptual framework of international human rights. However, under international laws and standards, there is a clear State responsibility to uphold women's rights and ensure freedom from discrimination, which includes the responsibility to prevent, protect and provide redress – regardless of sex, and regardless of a person's status in the family."

Ability to leave

The ability of victims of domestic violence to leave the relationship is crucial for preventing further abuse. In traditional communities, divorced women often feel rejected and ostracized. In order to avoid this stigma, many women prefer to remain in the marriage and endure the abuse.

Discriminatory marriage and divorce laws can also play a role in the proliferation of the practice.  According to Rashida Manjoo, a United Nations special rapporteur on violence against women:

…in many countries a woman's access to property hinges on her relationship to a man. When she separates from her husband or when he dies, she risks losing her home, land, household goods and other property. Failure to ensure equal property rights upon separation or divorce discourages women from leaving violent marriages, as women may be forced to choose between violence at home and destitution in the street.

The legal inability to obtain a divorce is also a factor in the proliferation of domestic violence.  In some cultures where marriages are arranged between families, a woman who attempts a separation or divorce without the consent of her husband and extended family or relatives may risk being subjected to "honor"- based violence.

The custom of bride price also makes leaving a marriage more difficult: if a wife wants to leave, the husband may demand back the bride price from her family.

In advanced nations like the United Kingdom domestic violence victims may have difficulties getting alternative housing which can force them to stay in the abusive relationship.

Many domestic violence victims delay leaving the abuser because they have pets and are afraid of what will happen to the pets if they leave. Safehouses need to be more accepting of pets, many refuse to accept pets.

Individual versus family unit rights

The way the individual rights of a family member versus the rights of the family as a unit is balanced vary significantly in different societies. This may influence the degree to which a government may be willing to investigate family incidents.  In some cultures, individual members of the family are expected to sacrifice almost completely their own interests in favor of the interests of the family as a whole. What is viewed as an undue expression of personal autonomy is condemned as unacceptable. In these cultures the family predominates over the individual, and where this interacts with cultures of honor, individualistic choice that may damage the family reputation in the community may result in extreme punishment, such as honor killings.

Immigration policies

In some countries, the immigration policy is tied to whether the person desiring citizenship is married to his/her sponsor. This can lead to persons being trapped in violent relations – such persons may risk deportation if they attempt to separate (they may be accused of having entered into a sham marriage).  Often the women come from cultures where they will suffer disgrace from their families if they abandon their marriage and return home, and so they prefer to stay married, therefore remaining locked in a cycle of abuse.

Immigrant communities

Domestic violence may happen in immigrant communities, and often there is little awareness in these communities of the laws and policies of the host country. A study among first generation South Asians in the UK found that they had little knowledge about what constituted criminal behavior under the English law. The researchers found that "There was certainly no awareness that there could be rape within a marriage".  A study in Australia showed that among the immigrant women sampled who were abused by partners and did not report it, 16.7% did not know DV was illegal, while 18.8% did not know that they could get protection.

Causes

Of the most important factors in domestic violence is a belief that abuse, whether physical or verbal, is acceptable. Other factors include substance abuse, unemployment, mental health problems, lack of coping skills, isolation, and excessive dependence on the abuser.