Download EHRC Response to the Ending violence against women, domestic

Ending violence against women, domestic abuse
and sexual violence (Wales) Bill
Equality and Human Rights Commission consultation response
February 2013
Introduction
The Commission’s vision is that every organisation uses the
opportunities available to them to implement actions that will reduce
violence against women and provide appropriate support to those
experiencing violence. This will ensure that human rights are protected,
that everyone is able to support their family and community and
contribute to the economy.
Key points that should be included in the Bill:
 Recognition that violence against women, domestic abuse and
sexual violence are forms of gender-based discrimination
 A proportionate response to male victims of domestic abuse and
sexual violence
 A rights-based framework that underpins the legislation
 A duty for all public sector employers to have a workplace policy
for violence against women, domestic abuse and sexual violence
 An alignment between the proposed duty for strategies to reduce
violence against women, domestic abuse and sexual violence and
the Public Sector Equality Duty, both in terms of approach and
outcomes.
 An approach to policymaking that emphasises prevention
 Scope for service providers to consider the different needs of
groups of people when determining level and type of provision.
1. Recognition that violence against women, domestic abuse and
sexual violence are forms of gender-based discrimination
Violence against women is a cause and consequence of women’s
inequality. The Commission’s periodic report How Fair is Wales?
assessed the greatest inequalities in Wales. Seven challenges emerged
from this evidence, including the need to reduce the incidence of
domestic abuse and sexual violence.
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Evidence within How Fair is Wales? shows that:
 Domestic abuse results in the death of two women each week,
devastates families and costs the UK economy an estimated £6bn
a year
 Women in Wales are twice as likely as men to be victims of sexual
violence, or of non-sexual violence by their partner of family.
The Commission believes that it is right to focus on women because
they are disproportionately affected by all forms of violence against
women, including domestic abuse and sexual violence. It happens
because women have an unequal position in society and further
reinforces that unequal position.
The prevalence, impact and consequence of violence against men is
very different to violence against women. Research shows that one in
nine women report having experienced ‘severe force’ from a partner
since the age of 16, compared to 1 in 20 men. In 2008/09 domestic
abuse accounted for 68 per cent of female homicides and 15 per cent of
male homicides. Women are also more at risk of serious sexual assault 1 in 20 women compared to 1 in 331 men.
A gender- sensitive approach to legislation on violence against women,
domestic abuse and sexual violence is important in acknowledging that
women’s and men’s experiences of violence differ. The Commission
notes that the Bill uses the UN definition of violence against women, and
that it acknowledges that the majority of victims are women.
2. A proportionate response to male victims of domestic abuse and
sexual violence
While the Commission recognises that violence against women,
domestic abuse and sexual violence is a serious form of gender based
discrimination, it is important not to alienate those who are concerned
about the impact of domestic abuse and sexual violence on male
victims.
We recognise that the proposals will address the needs of men and boys
who experience domestic abuse and sexual violence. Male victims may
fear ridicule or disbelief of friends, colleagues and outside agencies.
A proportionate response to male victims of domestic abuse and sexual
violence should be evidence-based and tailored to men’s specific needs.
2
Male victims of domestic abuse do not have the same experiences and
needs as women. For example, the Men’s Advice Line highlights that
male victims rarely report post-separation abuse of the intensity common
to many female victims.1
The evaluation of the Dyn Project also showed that the distinction
between victim and perpetrator can be blurred. A sample cohort of 171
males surveyed found that forty-six per cent were heterosexual men with
a known history of violence or abusive behaviours2.
3. A rights-based framework to underpin the legislation
The Bill should include a rights-based framework.
The Commission has duties to promote awareness, understanding and
protection of human rights, and to encourage public authorities to
comply with the Human Rights Act. The Commission is a National
Human Rights Institution (NHRI) accredited by the United Nations under
the Paris Principles.
The Bill refers to the Welsh Government’s commitment to the rights of
children within the United Nations Convention on the Rights of the Child
(UNCRC). We hope that the Bill builds on the rights enshrined in the UN
Convention on the Elimination of Discrimination Against Women
(CEDAW). General Recommendation 19 makes it clear that violence
against women and girls (VAWG) violates women’s rights under
CEDAW. Violence against women and girls may also constitute torture
as defined under the terms of the UN Convention against Torture. Rape,
domestic violence, trafficking and female genital mutilation can be
treated as a breach of human rights by the state because of a failure to
protect victims or prosecute offenders.
Under the Human Rights Act 1998, all public bodies have an obligation
to protect the human rights of individuals and to ensure that their human
rights are not being violated. For example, Article 2 provides a right to
life and Article 3 ensures a right to be free from torture, inhumane and
degrading treatment. Explicitly making this link to the Human Rights Act
demonstrates the basic standards of treatment to which everyone are
entitled.
Men’s Advice Line (2013) Scope of work with male victims of domestic violence.
http://www.mensadviceline.org.uk/pages/scope-of-work-with-male-victims-of-domestic-violence.html.
Accessed 22nd February 2013.
2 Robinson, A.L & Rowlands, J (2006).The Dyn Project: supporting men experiencing domestic
abuse.Final evaluation project. School of Social Sciences: Cardiff University
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4. A duty for all public sector employers to have a workplace policy
for violence against women, domestic abuse and sexual violence
Violence against women, domestic abuse and sexual violence can
impact greatly on an individual's working life. Seventy-five per cent of
domestic abuse victims are targeted at work. Research shows that fiftythree per cent of those who experience domestic abuse miss at least
three days of work a month and it costs the UK economy almost £3
billion in lost economic output every year.
The Commission has worked extensively with public and private sector
organisations to promote the need for domestic abuse workplace
policies. Working with key partners, the Commission has developed a
‘domestic abuse is your business’ toolkit. This includes guidance for
developing an effective domestic abuse policy, the business case for
developing a policy and a digital story.
Workplace policies help to prevent domestic abuse by raising awareness
and tackling attitudes and behaviour, provide protection from domestic
abuse by establishing processes to ensure the health, safety and
welfare of employees and ensure a provision of services for those
affected by domestic abuse by fully utilising other workplace policies.
Furthermore, raising awareness and confidence at the highest levels in
public authorities will generate an understanding that many public
service users are at risk of domestic abuse and might need different or
tailored services.
This work is progressing well in both the private and public sectors. The
Welsh Local Government Association has developed a domestic abuse
protocol which once implemented will cover 150,000 employees. The
private sector was well represented at our ‘Domestic abuse is your
business’ conferences, which were held in partnership with the Welsh
Government. These events led to organisations such as Magnox Ltd,
Admiral, M&S and HSBC using our guidance to improve their equality
workplace policies.
The Commission is currently conducting an evaluation to identify the
impact of domestic abuse workplace policies on workplace practices and
attitudes as well as on staff experiencing domestic abuse.
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5. An alignment between the proposed duty for strategies to reduce
violence against women, domestic abuse and sexual violence and
the Public Sector Equality Duty
The Public Sector Equality Duty requires public authorities and those
carrying out a public function to consider how they can positively
contribute to a fairer society through advancing equality and good
relations in their day-to-day activities. This offers an important
mechanism through which public bodies can tackle violence against
women and domestic abuse more effectively.
The public sector equality duty required listed authorities to publish their
equality objectives in April 2012. Public authorities must keep these
objectives under review. The Commission is the regulator for monitoring
and enforcing the public sector equality duty and the Welsh specific
equality duties.
Evidence shows that a number of public bodies are using the challenges
within HFIW? to set their equality objectives e.g. to reduce incidents of
domestic abuse and sexual violence. Fifteen out of the 22 local
authorities in Wales have an equality objective to tackle violence against
women. This demonstrates that there is an overlap between the exiting
duties on Welsh public authorities and the new duty to be placed on
them in respect of violence against women, domestic abuse and sexual
violence. Care will be needed to ensure that no duplication of effort is
required. These issues can be explored further as the Bill takes shape.
It will be important that a transparent system for evaluation is put in
place. The Welsh Government may wish to consider a monitoring and
enforcement mechanism.
6. Prevention
Prevention will need to be at the heart of the strategies to tackle violence
against women and domestic abuse. The benefits of preventing violence
in the first place far outweigh the costs of dealing with the aftermath.
Violence bears significant costs at many levels, the profound and longterm impact on women’s health, the cost to public services such as NHS
and to lost productivity as well as the human costs.
If we examine domestic abuse alone the direct cost of lost economic
output in England and Wales in one year is almost £3 billion with the
human and emotional cost being estimated at £17 billion. The costs to
the NHS for repairing the physical damage is estimated at £1.22 billion
and to mental health services £176 million.
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There are also the costs to housing at £160 million a year and social
services at nearly £250 million each year.3
As well as an equality issue, violence against women is a community
safety, health, and economy related issue. There are clear links to
homelessness, child poverty, social exclusion, community cohesion,
mental health conditions, as well as drug and alcohol abuse.
By focusing on preventing violence against women, domestic abuse and
sexual violence it is clear that public bodies throughout Wales can be
tackling many other interlinking issues.
7. Service provision
It should be acknowledged that violence against women, domestic
abuse and sexual violence can affect specific groups of women
differently. An assessment of need will ensure that relevant public
bodies take account of the different needs and experiences of women.
For example we know that:
 Girls and young women are more likely to experience sexual
violence, and significant number live in fear of it
 Older women are less likely to report their experiences of violence
 Women with mental health conditions and learning disabilities are
particularly vulnerable to sexual violence and yet these groups are
least likely to see the perpetrators brought to justice
 Ethnic minority women face additional barriers to accessing
support and experiencing particular forms of violence, such as
forced marriage, female genital mutilation and crimes in the name
of ‘honour.’
 Lesbian and bisexual women can be vulnerable to abusers who
undermine their sexuality
 Transgender women may have fewer services available to them.
Men’s experiences of domestic abuse and sexual violence are different
to women’s and they must be treated differently. A proportionate
response to male victims should be evidence-based and not based on
the model of service provision to women. This should also take account
of the different needs of male victims, such as gay, bisexual and
transgender men having different experiences to heterosexual male
victims.
3
Walby, S (2004) The Cost of Domestic Violence, London: Women and Equality Unit
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Appendix
Who we are
The Equality and Human Rights Commission is the independent
advocate for equality, human rights and good relations in Britain. We are
an independent statutory body established under the Equality Act 2006.
We are a modern regulator charged with upholding fair treatment and
tackling inequality. We are here to ensure everyone is treated with
dignity and respect. We believe that the damaging effects of
discrimination and prejudice have no place in a modern, open society.
The Commission is an ‘A’ status National Human Rights Institution with
responsibility for monitoring both National and Devolved Governments
compliance with international treaty obligations.
Parliament has set us the tasks of promoting equality, enforcing the law,
protecting the human rights of and bringing people together to build
stronger communities. These are ambitious aims that can only be
achieved in partnership with others and with the support of the public.
To fulfil these aims we have unique powers. We can take legal cases on
behalf of individuals to test and extend the right to equality and human
rights; set up inquiries to investigate the behaviour of institutions;
promote and enforce the public sector duties; and use our influence to
lead new debates based on the evidence we collect and publish.
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