1. 2013 Asian
Conference of
Women’s Shelters
Asian Network of
Women's Shelter
2-4 December,
Taiwan
Challenges and
Breakthroughs for
Women’s Shelters in
Asia
2. Using the law to
combat
domestic
violence
Ivy Josiah
Executive Director
Women's Aid Organisation
(WAO)
www.wao.org.my
ivyjosiah@gmail.com
Twitter
@womensaidorg
@ivyjosiah
3. Today’s talk will be on:
About
Women’s Aid Organisation (WAO)
WAO’s
How
Refuge/Shelter practice
the law is used to combat domestic
violence
5. HERSTORY
August
1982 - Malaysia’s first Refuge/Shelter for
battered women and their children
•
The fundamental belief of WAO: no one deserves to be
battered.
•
We uphold the self-dignity of every human being in our
society, both men and women
6. 31 years later…
Shelter to 120 women and 145 children
Telephone counselling to over 1,000 women
Face–to–face counselling to 100 women
Child Care Centre – 30 children per year
Drop In Centre for face to face counselling
8. Guiding principles
Believe
the survivors
Ensure
physical safety of victims/survivors
- risk assessment
Adopt
a No Blame approach
Empwer
women from crisis to confidence
9. Guiding principles
Reject
ideologies that excuse or justify
men’s violence
Hold
perpetrators responsible for the
abuse
Perpetrators
abuse
can choose to stop the
10. Overall Work – the big picture
WE
are inspired by women’s lived realities
to work towards gender equality and
justice
11. 11
Women in
Crisis Seek
Help from
WAO
Lobby Government
to Eliminate
Discrimination
Against Women
WAO
Social Workers
Support &
Empower
Women
Identify Laws &
Policies that need
Reform
WAO Programme
Officers Document
Cases
12. How the law is used
to combat domestic
violence
13. The law and domestic
violence
Malaysia
passed its Domestic Violence
Act in 1994 after 9 years of lobbying the
government
It
took another 2 years before the law was
implemented in June 1996
15. The law encouraged women
to report
By
end 1997, almost one and half
years after the law was put into action
in June 1996, there was a 150%
increase in police reports
The
Malaysian DVA applies to all
members of the family including the ex
spouse
17. LAW REGULATES RIGHTS
A
law validate DV survivors' experience
A
law guarantees legal aid, protection
and redress
A
law hold perpetrators accountable
18. The DV law must:
Prevent
Protect
Prosecute
and investigate
Punish
Provide
Redress
19. The 5 P’s of Due Diligence to Eliminate
Violence Against Women
PREVENT
Prevention includes measures taken by the State to stop
VAW from occurring -awareness campaigns, training
and education.
PROTECT
Protection keeps the victim/survivor safe from present
harm. This includes avoiding the re-occurrence of
further violence and ensuring the victim/survivor
receives adequate and timely services.
20. The 5 P’s of Due Diligence to Eliminate
Violence Against Women
PROSECUTE AND INVESTIGATE
Investigation and prosecution are actions taken by the
Government when it knows of VAW incidences. It allows
victims/survivors to take steps to try to stop VAW without fear of
repercussions.
PUNISH
Punishment is something negative imposed on the perpetrator
of VAW as a consequence of his/her having committed VAW.
PROVIDE REDRESS
Redress is any form of compensation or reparations available
to a victim/survivor of VAW. This could take different forms, from
monetary compensation and apology to symbolic reparations.
21. A domestic violence law must
not:
Must
Not force mediation – marriage
counseling
Must
Not take away the decision from the
woman
Must
Not allow the perpetrator /father
complete access to the children.
Supervised access
22. 3 components to the Law
Substance
Structure
Culture
of the law
of the law
of the law – attitudes of the police,
the welfare, the courts, the hospital.
24. Experiences of domestic violence
complainants at the Police station
Good
Non judgemental
Informs her of her rights
-protection orders
Bad
Minimizes the violence
Acts as marriage
counsellor
Conducts little or poor
investigation
Asks her if she needs
shelter
Gives her a number of
an NGO in case she
needs counselling
25. The Bad Police – Plays on your
fear
Do
you want your husband in jail ah?
26. Good police response
You were kept informed about the progress of the
investigation
All the witnesses are interviewed by the investigating
officer
Phone calls to the investigating officer were returned
in a timely manner
Felt that the investigating officer was concerned
about your safety throughout the investigation
27. The Good Police – Cares for
your safety
Assessing
Risk
Before the interview, investigating officer
ask you if you had fears or concerns about
reporting the crime or about prosecuting
the perpetrator
28. Did the violence stop when
the law intervened?
Yes,
in almost 70% of cases but only if the
police intervention was good
4
deaths die to domestic violence in 2013,
red flags – warning signs were ignored
29. Legislation should
be implemented in the context of a
comprehensive national action plan or strategy
provide for a budget to ensure its implementation
provide for the adoption of rules and regulations,
and the creation of specialized institutions,
including police, prosecutors and courts
provide for the creation of a specific institutional
mechanism (eg multi-sectoral Task Force) and the
collection of statistical data, including through
involvement of the national statistical office
30. We believe that a
world without
domestic abuse is
not just a dream, it
is a possibility.
Never doubt it –
changing attitudes
changes lives.