Domestic violence

Student: Carmina-Valentina Voiculescu Erasmus Romania

Content
What is domesctic violence?..............................................................................3 Who does domestic violence happen to.............................................................4 What are the laws against domestic violence and can they help the victims?..............................................................................................................4 Definition of domestic violence in Romanian Law................5 Definition of violence against women..6 Types of domestic violence...7 Consequences and effects of domestic violence...............10 A few myths referring to domestic violence..11 Regulation of domestic violence in Romania...12 Criminalization of acts of domestic violence and protection measures for the victims in various national legislation...........................................................14 Institutional aspects.19

Domestic violence

1. What is domesctic violence?

Domestic violence represents a physical violence, coercion, threats, intimidation, isolation and emotional, sexual or economic abuse to control and change the behavior of the other partner. The abusive person might be your current or former spouse, live-in lover or dating partner. Domestic violence happens to people of all ages, races, ethnicities, and religions. It occurs in both opposite-sex and same-sex relationships. Economic or professional status does not affect whether someone can commit domestic violence or be the victim of domestic violence - abusers and victims can be laborers or college professors, judges or janitors, doctors or orderlies, teachers, truck drivers, homemakers or store clerks. Domestic violence occurs in the poorest ghettos, Here the are fanciest examples mansions of the and white-picket-fence different forms neighborhoods. of abuse:

PHYSICAL ABUSE: Grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc.; denying medical care or forcing alcohol and/or drug use.

SEXUAL ABUSE: Coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner; forcing the victim to perform sexual acts on another person, on the Internet, or pose for sexually explicit photographs against her will. ECONOMIC ABUSE: Making or attempting to make a person financially dependent, e.g., maintaining total control over financial resources, withholding access to money, forbidding attendance at school or employment. EMOTIONAL ABUSE: Undermining a person's sense of self-worth, e.g., constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with the children. An abuser may also use his or your HIV-positive status or sexual orientation as a means to control you. For example, an abuser may threaten to reveal your HIV status or your sexual identity.
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PSYCHOLOGICAL ABUSE: Causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and property, mind games or forcing isolation from friends, family, school and/or work.

SEXUAL COERCION AND REPRODUCTIVE CONTROL: When a partner sabotages your birth control efforts by demanding unprotected sex, lying about "pulling out," hiding or destroying birth control (i.e., flushing pills down the toilet or poking a hole in a condom), preventing 2. you Who from getting does an abortion domestic or forcing you to get an abortion. to?

violence

happen

About 95% of victims of domestic violence are women. Over 50% of all women will experience physical violence in an intimate relationship, and for 24-30% of those women, the battering will be regular and on-going. Every 15 seconds the crime of battering occurs. Most abusers are men. They may seem gentle, mean, quiet or loud, and may be big or small. There is some evidence that shows that boys who grow up with domestic violence often become abusers as adults, however, many abusers are from non-violent homes, and many boys from violent homes do not grow up to be abusive.

3. What are the laws against domestic violence and can they help the victims?

The law defines domestic violence in very specific ways. Every state and U.S. territory has laws that allow its courts to issue protection orders, as do many Indian tribes. Each state, territory or tribe decides for itself how to define domestic violence and how its laws will help and protect victims, so the laws are different from one state to another. Although you may be a victim of domestic violence, the laws in your state may be written in a way that does not include or protect you. This does not mean that you are not a victim, and it does not mean that you should not seek help. The law is a useful and important tool for increasing safety and independence, but it is not the only tool. In addition to legal assistance, you might benefit from safety planning, medical care, counseling, economic assistance and planning, job placement, childcare, eldercare or pet care assistance, or many other types of practical help and advice. You can seek assistance from advocates, shelters, support groups, the National Domestic Violence Hotline and perhaps even
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your religious leader or doctor. Domestic violence represents an extremely serious societal problem; one that some specialists even view as a form of torture due to its features and characteristics. Its social impact is widespread as it not only affects victims of domestic violence, but also persons witnessing or having knowledge of domestic violence situations. Domestic violence is one of the most frequent forms of violence, and also one of the most alarming since it is often not sufficiently visible. In most cases, acts of violence take place behind closed doors and are concealed by victims due to both fear from their abusers and embarrassment towards society. Furthermore, the reticence of the government and its agencies to intervene in an area still considered private is an obstacle. In 2003, the Center for Equal Partnership7 conducted the first scientific research of this matter in Romania the National Study on Violence in the Family and at the Work Place. The data collected raises alarming issues on the dimension of violence in the family and at the work place: -about 800,000 women asserted they were frequently subjected to family violence in various forms; -over 340,000 children younger than 14 years old declared they frequently witnessed scenes of physical violence between their parents; -over 370,000 children younger than 14 years old declared they have frequently witnessed incidents of verbal abuse between their parents or between adults in their household; -compared to the data existing at the EU level, the population of Romania is significantly more tolerant towards family violence, in all its forms; -a higher tolerance, together with the use of clichs referring to violence, often result in viewing violent behavior as normal; - violent behavior, when viewed as normal, is passed on from one generation to another.

4. Definition of domestic violence in Romanian Law

Romanian Law no. 217/2003 on the prevention of family violence defines domestic violence as follows: 1) Domestic violence involves any physical or verbal act committed intentionally by a family member against another member of the same family that causes physical, psychological or sexual suffering or material damages. 2) Moreover, preventing a woman to use her fundamental rights and freedoms is an act of domestic violence.
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3) According to the definition of the Law, a family member includes the spouse, a close relative, as well as a person who established a relationship similar to that of spouses or parent and child, as documented by social services investigation. According to the Council of Europes documents, domestic violence is any act or omission committed within a family by any of its members that prejudices the life, the physical or psychological integrity or the liberty of that family member and that seriously harms the development of his/her personality. According to two NGOs that conducted research on domestic violence in Romania, domestic violence is a behavior within the couple consisting of recurring physical, sexual and psychological attack of a partner, in order to control and dominate him/her, by using force and/or a victims incapacity to defend him/herself. This also includes economic and social abuses. Acts of violence committed against a former wife or significant other are also included in the category of domestic violence.

5. Definition of violence against women

According to the Platform for Action adopted at the 4th World Conference on Women Issues in 1995 in Beijing, the term violence against women means any act of gender-based violence that results in,or is likely to result in, physical, sexual or psychological harm or suffering to women. Acts of violence include threats of violence, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life. Accordingly, violence against women includes but is not limited to the following: 1. Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation; 2. Physical, sexual and psychological violence occurring within the general community including rape, sexual abuse, sexual harassment and intimidation at work and educational institutions and elsewhere, trafficking in women, and forced prostitution; 3. Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs. Violence against women is a demonstration of the power relationship between men and women, which results in women being dominated and discriminated by men, and in preventing their full
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development. Thus, this definition includes various forms of violence against women, and offers a framework for conceptualizing domestic violence.

6. Types of domestic violence

Domestic violence may take various forms, more or less visible, such as physical, psychological, sexual, economic and social violence. Violence very rarely manifests itself through a single incident. Violent persons display a series of repetitive and aggressive behaviors which combine punishing and aggressive acts of several types. Domestic violence has particular features which make it different from other types of violence manifested incidentally or in different contexts, and involves a specific dynamic or cycle based on the type of relationship existing between the victim and the abuser. This is a serious phenomenon; a matter of community, social and public health interest, which affects mainly women. In fact, according to most reports, 95% of the total number of domestic violence victims are women. As a behavior, domestic violence has: a) an instrumental character (the abuser controls the victim and the behaviors become functional and persistent if the result is the expected one), b) an intentional character (it occurs with the intent to control, dominate and to maintain power.
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The intent is not acknowledged by the perpetrator but it can be identified by the results that such behavior produces), and c) an acquired character (violence is not native but learned through imitation). Physical violence consists in painful physical contacts, including physical intimidation of a victim. Physical abuse is most often demonstrated through the following types of behaviors: slapping, kicking, hitting with the fist, jostling, clothes tearing, hair pulling, scratching, striking, mutilation, bruising, concussions, fractures, burns, battering, hitting the victim against walls or furniture, throwing objects, using knives and guns, immobilization, and tying up or detaining a victim and/or leaving a victim in a dangerous place. Physical violence also includes destruction of assets belonging to the victim or that the two partners own and use together. In general, victims of physical violence in a family context are subject to different and numerous violent acts over time. The immediate effects of physical violence include bodily injuries, physical disabilities, and even death of the victim13. In time, victims of domestic violence develop permanent suffering, gastric-intestinal diseases, psycho-somatic affections, eating disorders, and post-traumatic stress. Psychological Violence (includes emotional and verbal abuse) manifests itself in the form of: insults, criticism (referring to physical looks, intelligence, or the manner in which the victim performs her responsibilities in the family), threats, intimidation, emotional blackmail, inducing fear, continuous pressure, invoking terror, deprivation of food or sleep, and belittling in front of others. Psychological violence, which also qualifies as emotional abuse, is used to manipulate and control. Its effect is cumulative over time and it has serious long term consequences for the victim. Specialized literature indicates that this type of violence is a central factor for abuse within the family. Sexual Violence/Sexual Abuse is defined by any sexual contact not desired by a partner or for which a partner did not express a valid consent. Unconsented sexual intercourse is rape. A general definition of rape is sexual relations that are obtained without consent by force, threat, and/or constraint. A spouse can be raped by her husband. The concept of spousal rape exists if relationships between partners are official. Examples of forced sex or sexual degradation include, but are not limited to: a) continuing sexual activity when a victim is not fully conscious, does not give consent, or is afraid to say no;
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b) physical injury during a sexual contact or the injury of genitals, including by vaginal, oral, or anal use of objects or weapons; c) forcing a victim to have sexual relations without protection against pregnancy or sexually transmitted diseases; d) belittling the victim or invoking sexually degrading names. Economic violence means a reduction of the victims resources and autonomy through control of his/her financial resources and access to money, personal items, food, transportation, telephone, and other forms of protection that he/she could benefit from. Economic violence is demonstrated through behaviors such as the abuser prohibiting the victim to get or keep a job, refusing to provide the victim with money for basic needs, and the lack of the victims involvement in decisions related to the administration of the family budget. A victim is kept in a state of dependency to the abuser. Social violence is a form of passive psychological violence whereby the abuser controls the victim by isolating the victim from family or friends and/or monitoring the victims activities The intended result is the interruption or erosion of social relations as well as limiting the victims access to information and assistance.

Specialists have identified a cycle of domestic violence:

a. The phase during which tension grows during which the victim acts cautiously and tries different strategies in order to avoid a violent incident. b. The acute phase during which the abuser takes action. This phase may last between 2 and 24 hours (sometimes even for a week or more). c. The relaxation phase, a calm period, during which the abuser shows gentleness and love towards the victim. This phase is just a vague truce in a war of threats and hitting. These cycles evolve into a tighter spiral: the phases of tension become increasingly more frequent and last longer in time, violence becomes more and more threatening, and the gentleness phases become shorter or disappear completely.

7. Consequences and effects of domestic violence

Domestic violence has numerous negative and serious effects, both in the long and in the short terms. These effects have both direct (on the victim) and indirect (on persons witnessing violence acts) impacts. Regarding the victims physical health, he/she may suffer bodily injuries, in various degrees of gravity that may often require medical care. Depending on the gravity of the injuries, the victims may suffer serious and lasting health disorders amounting to physical disabilities, total or partial loss of the ability to work, or even death. The mental health of the victim may also suffer as a result of the abuses. The victim is often afflicted with a series of transitory or permanent emotional disorders such as acute or permanent depression, anxiety, phobias, panic attacks, insomnias, nightmares, or post-traumatic syndrome (PTSD). In addition, depending on the duration and nature of the abuse, a victim may suffer from personality and behavioral disorders as well as eating disorders, and may attempt suicide. Addictive behaviors such as addiction to alcohol or tranquilizers may also surface. A victims professional and economic life can be affected by the loss of or lack of employment due to the prohibitions imposed by his/her partner. Often the abuser will forbid the victim to get a job or, if the victim is employed, the abuser will often cause a scene at the victims workplace due to the abusers jealousy. In addition, it is not unusual for a victim to be absent from work or to need leaves of absence from work as a consequence of physical violence that requires medical care or which has left visible marks. Insufficient income or the lack of income will create financial dependency on the abuser, particularly in the absence of alternative resources. The situation is even more serious if a victim has minor children in his/her care. Victims who succeed
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in keeping their job face difficulties of focus and performance due to the abusers subjecting them to stress and harassment. Socially, victims are gradually and, eventually, radically isolated from their families, friends, work colleagues, and social assistance services. A victims social isolation represents one of the most severe factors for a victims inability to successfully escape from such dependency.

8. A few myths referring to domestic violence

Domestic violence is not so widespread or so serious. Every year in Europe, 1 in 5 women and 1.8 million children are victims of domestic violence. Since all cases are not reported, the numbers are likely much higher. In Romania, there is no legal obligation to report such cases and, consequently, reliable statistics cannot be prepared. Hitting happens as a result of one losing his/her temper. Physical aggression appears in a relationship in which an abuser already controls his/her partner through fear. Physical aggression is only one form of violence and is generally accompanied by other behaviors described above, such as intimidation, threat, psychological abuse, or isolation of the victim. Studies reveal that only 10% of domestic abusers show psychiatric disorders. The other 90% are able to exercise good judgment and can control their own reactions and behaviors. Domestic violence is only in poor communities and among the neducated. With no exception, domestic violence occurs at all levels of socioeconomic and cultural environments. Numerous cases of domestic violence have been registered among persons with university educations and high social status. It is possible that such prejudice starts from the idea that people with higher education and income can resolve a conflict situation more easily. In fact, victims coming from such environments report such aggressions more rarely due to embarrassment, social pressures or fear that their image will be affected negatively in their social or professional circles. The matter of domestic violence should be resolved within the family. Without specialized assistance alternative methods to resolve conflicts within the family have, most often, an adverse effect16by strengthening the abusers position and increasing the victims feeling of vulnerability. Victims accept aggression. Victims accept or do not respond to a violent relationship because of fear.

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They believe that the danger is even higher if they leave their families and they become afraid for the safety of their children. Many abusers kill their victims when the victim finds the courage to leave them. If violence were so serious, a woman would break up the relationship with her partner. Most of the time a woman does not find the strength to end a relationship after a first incident of abuse or aggression against her. The reasons for this are numerous: emotional and financial dependency towards the abuser, children and limited resources to raise them, low self-esteem and self-confidence, and lack of social and family support. Consumption of alcohol is the cause of domestic violence. Alcohol is not a cause of domestic violence but a risk factor. Not all men who consume alcohol abuse their partners. Alcohol consumption does not justify the use of violence. Only women are victims of domestic violence Anyone may become a victim of domestic violence. Even though statistics reveal that most of the victims of domestic violence are women, a certain percentage of victims are men. Elderly people and children are two other extremely vulnerable categories.

9. Regulation of domestic violence in Romania

Domestic violence did not become a topic for public debate in Romania until 1995. The debate focused first on the issue of child abandonment, then on the reasons for abandonment, and finally on families facing social difficulties. By identifying these difficulties, the existence of the domestic violence phenomenon was acknowledged. At that time, the Romanian Penal Code did not consider domestic violence as a distinct offense. Thus, the possibility of intervention was reduced and intervention became dependent on how individual governmental institutions interpreted and applied these legal provisions. The Constitution The Romanian Constitution guarantees equality of all citizens before the law and the public authorities, without any privileges or discriminations, as well as the fundamental rights and freedoms of all individuals. The Constitution also establishes that no individual may be subjected to torture or to any other kind of degrading or inhuman punishment or treatment. Article 23 sets forth that individual freedom and safety are inviolable. The individuals right to legal defense in all cases is guaranteed by Article 24. Therefore, the constitutional acknowledgement of these rights implies that there exists the observance of womens rights and freedoms which protects
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them from being subjected to any acts of violence or degrading treatment that threaten their physical and psychological safety. Whenever any of these rights or freedoms is violated, women can and must benefit from the protection of the law. The Law creates a governmental institution at a national level, the National Agency for Family Protection. This Agency has prerogatives to draft, implement, and apply a national strategy in the area of domestic violence. The increasing impact of international documents States options in defining their policy on preventing domestic violence cases are no longer shaped exclusively by their national legal instruments since numerous programmatic documents have been adopted at the international level. The European states must take into account both the Recommendations of the Council of Europe and the work of the United Nations, particularly the Platform for Action approved by the 4th World Conference on Women Issues in 1995: (i) The Committee of Ministers of the Council of Europe adopted various recommendations to the member states: Recommendation No. R (79) 17 concerning the protection of children against ill-treatment; Recommendation No. R (85) 4 on violence in the family; Recommendation No. R (87) 21 on assistance to victims and the prevention of victimization; Recommendation No. R (90) 2 on social measures concerning violence within the family; Recommendation No. R (93) 2 on the medico-social aspects of child abuse; Recommendation No. R (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation; Recommendation No. R (2001) 16 on the protection of children against sexual exploitation;
Recommendation No. R (2002) 5 on the protection of women against domestic violence. The purpose of these documents is to provide to the member states a unified definition of domestic violence. They also aim to identify at the European level the common denominator with regard to the applicable legal norms and procedures, both criminal and civil. Within the framework of the United Nations, during the World Conference on Human Rights that took place in 1993 in Vienna, participants agreed on the necessity to protect women in their families. The 1993 Declaration on the Elimination of Violence against Women, under all its forms, including spousal violence, sexual harassment at the work place, genital mutilation a form of domestic violence. In 1994, the Commission for Human Rights appointed a special and to propose recommendations at a national, regional and international level, in 13

order to with regard to their sex life and reproduction. The proposed action plans focused on stopping the trafficking of women and children, on promoting education of women as a measure of protection against domestic violence, and on establishing programs for victims of domestic violence. These questions

were also addressed during the 4th World Conference on Women Issues held in Beijing in 1995. The Platform for Action adopted in Beijing states that violence against women is one of the 12 obstacles in guaranteeing womens rights as well as a violation of human rights. Special attention was paid to primary medical services for women who are victims of domestic violence and to strategies for the elimination of violence against women. 10. Criminalization of acts of domestic violence and protection measures for the victims in various national legislations An analysis of various legislations in the area of domestic violence reveals that European countries have initiated legislative reforms in order to prevent domestic violence. Non-European countries followed the same trends. The analysis identifies two common points: a) All acts of domestic violence are recognized as crimes and fall under the provisions of the penal law. However, only two European countries Spain and Sweden criminalize domestic violence acts as specific offenses, while in other countries such as the United Kingdom, Germany, Austria, Belgium, Bulgaria, and Turkey, a relationship between the victim and the abuser aggravates the offense. In France, such a relationship can be either an aggravating factor or an element of the offense. b) Victims are allowed to request measures of protection from the State. Such measures vary from financial assistance to the victim in Sweden, to restraining orders issued against the abuser in the UK and Austria. In Canada, the violation of a restraining order can be an aggravating circumstance. Specific national examples are detailed as follows: Spain In Spain, acts of domestic violence, if they occur repeatedly, constitute a specific offense, i.e. tortures and other offenses against moral integrity. According to the Spanish Penal Code, a person who subjects his or her partner or spouse to acts of physical or psychological violence may face prison sentences of 6 months to 3 years. Distinct and separate sentences for acts of violence, such as battering and the causing of physical injuries, can also be added. The Spanish judge can prohibit the abuser from coming close to the victims domicile or from contacting the
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victim. Such a prohibition may not exceed 5 years and the judge can also deny the abuser access to the conjugal residence. The Spanish Supreme Tribunal set a precedent in 1995, when it first recognized marital rape as a crime. In Spain, a preliminary complaint from the victim is not required in order to initiate criminal proceedings against the abuser. A judge may order measures for the protection of the victim and designate who may occupy the family residence, but only if divorce or separation procedures have been initiated. Victims are provided with financial assistance from the Spanish State if he or she was incapacitated for a period of over 6 months or if the victim does not benefit from social insurance. In the case of the victims death, these financial rights are transferred to the direct victims of the violence, generally the children. Such aid is provided based only on a final decision delivered by the courts, and its amount is determined by the national minimum salary and the victims financial situation. When the victims financial situation requires it, he or she may be granted temporary financial assistance until the courts final decision. The State may ask for reimbursement of the temporary assistance if the court finds that no offense was committed or if the victim received damages. The Spanish Ministry of the Interior provides assistance through its specialized assistance offices. The largest police stations have specialized units for domestic violence cases. In larger cities, there are shelters for women who were abused and who left the conjugal residence. Sweden In Sweden, the violation of a womans integrity was recognized as a crime in 1998, and is defined as an offense against the life and the freedom or, as a sexual offense against a woman, with whom the abuser has or had an intimate relationship. The offender faces prison sentences of 6 months to 6 years and the sentence may be longer in the case of bodily injury. Marital rape is a specific offense. Any person who has evidence that an act of domestic violence has occurred can file a complaint in order to initiate criminal proceedings, and a complaint filed by the victim is not mandatory. A restraining order against the abuser can be issued only if divorce proceedings are pending. The Swedish State offers assistance to victims of domestic violence. Each police station may provide victims with an intervention squad in emergency cases and a bodyguard may be assigned to the victim. He or she may be offered an identity change. In 1994, the Swedish government set

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up a national center for ill-treated or raped women where they may receive emergency medical care and may benefit from social and legal counseling services, as well as police protection. United Kingdom In the United Kingdom, marital violence is not a specific criminal offense. During trial, the judge may take into account the type of relationship between the victim and the abuser, and may grant compensation. Some domestic violence acts may be included, however, under harassment, which is a specific offense. Marital rape was defined as a distinct offense in the early 1990s, and sanctions vary depending on the length of the marriage. A complaint filed by the victim is not required in order to initiate criminal proceedings against the abuser. British civil law allows the victim to request a restraining order against the abuser or an order regarding the family residence. Restraining orders may stipulate general or specific measures, such as prohibiting the abuser from contacting the victim by phone. Legal provisions allow victims to request in court exclusive rights to the family residence. Such a decision is based on the parties financial resources, on the parties conduct, on the possible consequences for children, etc. This type of order is valid for 6 months, and may only be extended once if neither of the partners has property rights on the residence. If any of the partners has a property right on the residence, the court may include certain clauses such as payment of the rent to the owner or a maintenance and repairs obligation. Depending on the seriousness of the aggression and if the victims security requires it, an abuser may be arrested even without issuance of an arrest warrant. In the UK, victims of domestic violence also benefit from financial assistance. However, a victim benefits from such assistance only if criminal proceedings have been initiated against the abuser and the victim no longer lives with him/her. The amount of such assistance allows the victim to arrange for his/her housing or to select private health insurance coverage. As for the assistance provided to victims, specialized units have been created at police stations under the Ministry of the Interior. The Housing Law, enacted in 1997, establishes the obligation for local communities to provide accommodation for victims of domestic violence for up to a maximum of 2 years. Austria In Austria, domestic violence is not the subject of specific legal provisions but is covered by the offense of assault and battery. Marital rape has been subject to criminal sanctions since 1989.
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Criminal proceedings may be initiated upon complaint of any person who has evidence that an act of domestic violence was committed. In the case of marital rape, criminal proceedings may be initiated once a criminal complaint is filed by the victim, unless serious injuries have incurred. The Austrian legislation allows for the inclusion of the abuser in re-education programs. The Austrian judge may order the abuser to leave the family residence even if he/she is the owner. These legal provisions are also applicable when a victim was simply threatened with violence. The duration of restraining orders may not exceed 3 months. The courts may resort to law enforcement bodies so that such orders are enforced. Law enforcement can act independently from the court decision immediately after an act of violence was committed. Since 1996, the law allows the police to deny an abuser the access to the victims residence when he/she presents a danger to his/her life, health, or freedom. Such prohibition does not only refer to access to the victims residence, but may also include the abusers access to a certain area or clearly specified places (for example, the school building in which the children attend or to the victims place of employment). The Austrian law allows law enforcement to immediately deny the abusers access to the victims residence in the case of violent acts that endanger the victims health or freedom. Such a prohibition is valid for 10 days, but may be prolonged automatically if the victim requests a restraining order. The obligation for law enforcement to assist by providing information regarding legal rights applies to both the victim and the abuser. It further requires law enforcement to report the case to the institution that provides free legal assistance. Also, non-stop special telephone lines are available for victims. Portugal In Portugal, a law on the protection of victims of domestic violence was passed in 1991, and it includes provisions on financial assistance provided by the government. In 1999, Portugal adopted a national action plan against domestic violence which also provides for the creation of a network of shelters for victims, as well as for assistance to the victims. The Portuguese Penal Code sanctions domestic violence and violence against minors. Marital rape is also recognized as a crime. Authors of acts of domestic violence may be sentenced to 1 to 10 years in prison depending on the seriousness of the aggression and, in case of the death of the victim, the sentence can be 3 to 10 years in prison. The abuser may also be forced to leave the family domicile.
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Initiation of criminal proceedings must be preceded by a complaint filed by the victim. However, since 1998, criminal proceedings may be initiated even in the absence of such filing if it is in the victims interest and if he/she does not oppose prosecution. When divorce proceedings have not been initiated, the judge cannot order any protection measure for the victim. The assistance provided by law to victims consists of financial support granted by the government when the victim is incapacitated for at least 30 days or if the victims life was threatened and he/she did not obtain payment of compensations in court. Such financial support is intended to cover the damages endured. Victims assistance includes access to shelters as well as legal representation in court provided by the associations for victims protection. Canada In Canada, some categories of violence, such as sexual aggression or sexual harassment, are offenses sanctioned by the Penal Code. However, in recent years, a new step has been taken which increases the maximum prison sentences from 5 to 10 years. Amendments to the Penal Code were adopted in order to facilitate the participation of victims and witnesses in criminal proceedings. The purpose of such measures was to ensure the protection of victims to a maximum extent. Provisions on harassment were strengthened by qualifying the violation of a restraining order as an aggravating circumstance. In addition, in some provinces, specific legislative measures provide for emergency orders to increase the victims protection. Latin American countries The example of Latin America is representative of countries with strong legislation in fighting domestic violence, but with limited impact on the matter. Latin American countries adopted extremely severe legislation on domestic violence against women. The movement of Latin American women fighting violence against women is one of the most advanced and active in the world. Latin American countries were among the first to ratify the Convention on the Elimination of All Forms of Discrimination against Women and to develop special legal instruments to eradicate violence. Their specific laws include psychological abuse as part of the legal definition of domestic violence which is an innovative component characteristic of modern approaches to domestic violence. However, Latin America remains a region with a high incidence of domestic violence cases. Statistics of the Mexican Foundation for Health show that 60% of the 6,000 cases of women who died in violent circumstances were under the age of 13 and most of them were victims of domestic violence. The foundations studies also revealed that
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approximately 25,000 Mexican children have suffered psychological or physical abuses from their parents or relatives. 11. Institutional aspects Specific prerogatives of the institutions involved in the area of preventing and fighting domestic violence The institutional framework in the area of preventing and fighting domestic violence is a relatively complex one, and it operates in two directions: preventing/combating acts of domestic violence and assisting victims/perpetrators. In practice, institutional efficiency is poor. This inefficiency is due mainly to a legal framework affected by a lack of correlation between various legal norms, and to deficiencies that still exist in the area of consolidating responsibilities of institutional actors. Finally, one must mention the obstacle represented by the mentality of some of those with responsibilities in the areas of prevention and intervention in domestic violence cases. Central public institutions The Ministry of Labor, Family and Equal Opportunities, as the lead agency responsible for coordinating this area, as well as the other central public administration agencies with prerogatives in the area of social protection and assistance (the National Agency for the Childrens Rights Protection, the National Agency for Family Protection, the National Agency for Disabled Persons), have the main responsibilities for developing policies and promoting the social rights of all categories of vulnerable persons. The creation of the National Agency for Family Protection was intended to be an important step for the Romanian government in assuming the responsibility to create an institutional framework which would foster the best solutions for preventing domestic violence, as well as for supporting the persons who are subjected to domestic violence. Perogatives of the Agency are described in detail in the Governmental Decree no. 1624/2003 on the organization and operation of the National Agency for Family Protection. The Agency coordinates departments with prerogatives in fighting domestic violence at the level of each county and in Bucharest, and created within the local directions of the Ministry of Labor, Family and Equal Opportunities. Local public institutions The local councils, through their social services, are responsible for identifying and resolving the

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community social needs. They are in charge of creating and financing public centers for sheltering victims of domestic violence, recovery centers for victims, and assistance centers for abusers. Specialized personnel are to conduct social investigations for the purpose of analyzing the social and economic status of persons, families, groups, or communities, and have a role of social diagnosis. Practice shows that there is a demonstrated need for local councils to become more effective in their responsibilities by: a) coordinating the creation, organization, and provision of services for preventing and fighting domestic violence depending on the identified social needs; b) drafting the annual budget for supporting social services in the area of preventing domestic violence according to the 2006-2007 local Action Plan on prevention and fight against domestic violence; c) ensuring payment of the approved subsidies to associations and foundations which conduct programs for fighting domestic violence. In this context, the number of public shelters is presently extremely small. The general departments for social assistance and child protection support the access of children and their families to services designed to keep children within their families and to protect them. The social services are responsible for the implementation of social assistance policies and strategies in the area of protection of children, families, elderly persons, and disabled persons, as well as of any person in need. Local public services have the role of identifying and resolving the community social problems, including those related to domestic violence, by: 1) financing or co-financing social assistance institutions; 2) developing or diversifying, in partnership with NGOs, services in the area of domestic violence. Also at the local level, public health care establishments have the obligation to enter into collaboration agreements with shelters for victims of domestic violence. The local school inspections, as well as the academic inspection in Bucharest, are to identify and flag the cases of abuse, negligence, ill treatments, or violence which affect school children. Family assistants Law no. 217/2003 introduced a new professional category, the family assistants. Family assistants have responsibilities in the area of domestic violence, and are social assistants
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authorized by the National Agency for Family Protection to provide assistance specific to family relationships. The role of a family assistant is to defend the rights of persons affected by domestic violence and to promote and facilitate access to specialized protection and assistance services.

There is no easy solution to the problem of domestic violence as its elimination requires changes in the very nature of society. Until people develop a sense of respect for others and a recognition of the worth of each individual, violence will continue and the weaker members of the community will largely be the victims. In conclusion, domestic violence will never be eliminated until society ceases to tolerate violence in its many forms, society recognises and promotes the intrinsic worth of all individuals and respects the value of their contribution to the community whatever that may be.

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