GLOBAL INDICATORS Indicators Group Research Note GROUP World Bank Research and Development Center in Chile No. 4/December 2019 Protecting Women from Violence - Bridging the Implementation Gap Between Law and Practice Paula Tavares, Isabel Santagostino Recavarren and Aarushi Sinha For years, Marta was abused by her husband. Eventually she reached out treatment programs can result in future savings.9 The costs of to the police – the Carabineros de Chile – who are tasked with helping intervention are relatively low when compared to the cost of violence. In survivors of domestic violence. The police referred Marta to a public Uganda, for example, implementing the provisions of the 2010 Domestic prosecutor for immediate protection and Marta and her daughter were Violence Act for both prevention and response was expected to cost placed in a shelter run by a government-funded non-profit organization around US $8 million over three years, whereas the cost of domestic Fundación Honra. With Fundación Honra’s help Marta eventually rented violence was estimated at US $92.1 million, or more than 11 times higher an apartment and got a job.1 for the same period.10 Violence can also undermine women’s economic empowerment by preventing employment and access to income. In Marta’s story is not unique to Chile. Many women worldwide who Tanzania, for example, the earnings of women in formal wage work who experience violence do not readily report it or seek help. This is often due are exposed to severe partner violence are 60% lower than women who to the lack of quality services and adequate support networks, as well as are not exposed.11 social and cultural norms.2 Survivors of violence3 may also feel the police are unwilling or unable to help.4 A study examining Demographic Health Adequate services can ensure access to immediate and longer-term help Surveys (DHS) data across 24 countries found that 40% of women for survivors of violence. These include emergency protection and experiencing gender-based violence disclosed it to someone, but only 7% response mechanisms, as well as appropriate protocols and specialized reported to a formal source.5 In many cases, even when women seek help training, units or staff available to provide services to survivors, which are from the authorities, the response can be inadequate. often implemented through national policies and action plans with dedicated funding. Laws protecting women from violence help prevent, stop and punish aggressors, and enable women to seek protection.6 But violence against What data have been collected by this pilot exercise? women is still widespread – the World Health Organization (WHO) estimates that 35% of women have experienced physical and/or sexual The Women, Business and the Law index includes measures of laws on violence in their lifetime.7 Even where laws exist, enforcement may lag. In domestic violence and sexual harassment. In addition, the global data Brazil, for example, despite the landmark Maria da Penha Law on collection exercise covers other aspects of gender-based violence domestic violence, levels of violence remain high.8 legislation.12 As part of the research, to understand where mechanisms have been adopted to enhance the effectiveness of laws in place, Women, Recognizing the need to enhance efforts to address violence against Business and the Law undertook a pilot exercise examining the women, governments have started implementing recommendations and legally-mandated access and existence of certain key support services in a adopting additional protection measures and services set out in set of 100 economies13 by collecting data covering 13 questions on international and regional instruments including the Declaration on the regulation aimed at closing gaps between laws on the books and Elimination of Violence Against Women, the Belem do Pará Convention implementation (see Annex for economy coverage and data questions, as and the Maputo Protocol. According to these legal frameworks, adopting well how data were collected and limitations on data coverage regarding implementation measures aiming at increasing effectiveness of other areas pertaining to GBV). legislation is part of the State’s duty to act in protecting women from violence (box 1). Appropriate implementation measures and support services can help bridge the gap between laws on the books and the protection women What is the role of implementation measures and dedicated receive. These can include mandatory training and protocols for services? professionals dealing with survivors of violence, as well as access to In assessing the costs of violence, studies indicate that investments in information through 24-hour hotlines, alternative accommodation, detecting and preventing violence at an early stage, as well as good specialized police units or staff and legal aid. National policies by BOX 1. The state’s duty regarding violence against women The 1994 Belem do Pará Convention, for example, outlined the principle of due diligence and the duty of States to create specialized services and The due diligence standard, which establishes the State’s duty to take readjustment programs for survivors of violence. The 1995 Beijing action against human rights violations by private actors, underlines its Declaration and Platform for Action sets out a series of measures to be responsibility to effectively protect women from violence. In the 1988 adopted by States for protecting women from violence, including the benchmark case, Velazquez Rodriguez v. Honduras, the Inter-American establishment of budgetary allocations and services for women survivors Court of Human Rights held the State accountable for failing to take action of violence, such as shelters, legal aid, and training for personnel dealing to prevent human rights violations. The due diligence standard has since with such cases. been supported by specific implementation measures established in various international and regional conventions and agreements. Source: CEDAW decisions Affiliation: Women, Business and the Law, World Bank Group. Acknowledgements: We received useful comments from Adrian Gonzales, Diana Arango and Maria Davalos. The Research and Development Center in Chile provided financial support for this note. Objective and disclaimer: Indicators Group Research Notes present short analytical studies from the different teams of the Indicators Group including Doing Business; Women, Business and the Law; and Enabling the Business of Agriculture. The notes carry the name of the authors and should be cited accordingly. The findings, interpretations and conclusions are entirely those of the authors. They do not necessarily represent the views of the World Bank Group, its Executive Directors or the governments they represent. Research and Development Center in Chile Protecting Women from Violence - Bridging the Implementation Gap Between Law and Practice Figure 1. Implementation measures for laws on violence against women and services for survivors of violence collected by this pilot exercise Binding budgetary commitments for implementation National plan on violence against women: of legislation on violence against women: binding budget long-term planning and comprehensive strategy commitments on government to allocate funding for on a multisectoral level to address violence implementation of services, activities or programs against women. preventing and responding to violence against women. 24 hour hotlines: Access to shelters: toll-free phone service providing information and/or immediate and longer-term safe accommodation support to survivors of violence. guaranteed by law or available for survivors of violence. Specialized training mandated for health and law National protocols for health and law enforcement professionals: programs to prepare first enforcement professionals: detailed guidelines respondents to adequately and effectively deal with for first respondents in dealing with cases of violence. cases of violence against women. Dedicated or specialized police units or staff: Access to legal aid: law enforcement personnel specifically trained or in provision of legal assistance mandated by law or charge of dealing with cases of violence against women available to survivors of domestic violence in accessing the court system. Source: WBL team based on selected areas from UN Handbook for Legislation on Violence against Women (2012) Note: While this pilot exercise aims to cover access to key support services for survivors of violence, it is acknowledged that specific countries may face other issues not included in this analysis. In addition to services covered under this pilot exercise, other key areas relevant to protection and response to survivors of violence include access to health (physical and mental), access to case management or victim advocates, social safety nets or economic and livelihood opportunities. These were not covered under this pilot exercise as they fall outside the scope of global data covered by the Women, Business and the Law research. governments establishing targets and committing adequate budgetary evaluations that trigger the adoption of special measures or services and and human resources for implementation are also essential (figure 1). a shared database for collecting information.15 Insights from the pilot data on services for survivors of Additionally, increased government efforts and the adoption of violence covered under Women, Business and the Law specialized services can promote access to justice and enforcement of the law. The 2013 Family Protection Act in Papua New Guinea was The importance of comprehensive and integrated multisectoral accompanied by the establishment of specialized Family and Sexual support services Violence Units and survivor-centered training for service providers, as well as strengthened support to legal staff and efforts to improve case More effective protection and response calls for timely multi-sectoral management. Evidence shows some positive results, including an increase coordinated action among health and social services, as well as legal and in the number of female magistrates – from ten in 2004 to more than 900 law enforcement actors.14 Bangladesh’s Multi Sectoral Programme on in 2013 – as well as of domestic violence cases heard in court, with two Violence against Women, headed by the Ministry of Women and Children out of three resulting in a conviction or guilty plea.16 Affairs, is an example of how different arms of the government and civil society can work together to provide integrated services to survivors of Throughout different regions and economies, survivors have varying levels violence. And in Costa Rica a special committee was composed of senior of access to more comprehensive services for protection and response agency representatives to help prevent the murder of women in intimate (figure 2), with Latin America and the Caribbean leading the way (box 2). relationships. Institutions involved from the judicial, health, and public In 12 economies—Argentina, Brazil, Cambodia, Denmark, France, services systems subsequently adopted a common protocol for dealing Guatemala, Nigeria, Panama, Peru, Philippines, Spain, and with cases of violence against women, including performing risk Turkey—survivors are guaranteed access to dedicated police units, Figure 2. More comprehensive services exist in Latin America and the Caribbean 30% 28% Percentage of economies 25% 20% 20% 18% 15% 12% 10% 7% 4% 5% 0% 0% 0% Latin America & OECD high income East Asia & Pacific Europe & Central Asia Sub-Saharan Afica Middle East & North South Asia Caribbean Africa Percentage of economies with more comprehensive services Global average Source: Women, Business and the Law database Note: The figure shows where the main business city in the economies covered in different regions have all the following implementation measures and services: national plan to address violence against women, budgetary commitments, dedicated police units, access to shelters, legal aid, a phone hotline, and trained police and medical staff with protocols in place. 2 Indicators Group Research Note No. 4 shelters, legal aid, a phone hotline, trained police and medical staff with case, support from government entities through funding allocations and protocols in place. These economies also have a national plan to address incentives can be critical. In India, for example, the government provides violence as well as budgetary commitments for the implementation of funds to civil society organizations through the ‘Swadhar Greh’ scheme, legislation. However, in many economies, access to all such services is not in addition to government agencies, to build shelters for vulnerable guaranteed. And in four economies – Cameroon, the Republic of Congo, women.17 Senegal and Uzbekistan – none of these services or implementation measures were found. In 40 of the 85 economies with budgetary commitments, these resources are allocated only to implement relevant governmental programs, most Budgetary commitments and national action plans commonly in the Middle East and North Africa and in South Asia, while in seven economies – Bahrain, Barbados, Botswana, Democratic Republic of Committing adequate financial resources is key to ensuring survivors Congo, Hungary, Jamaica, and Mozambique – such commitments are only have access to the services they need, while a comprehensive policy for non-governmental organizations providing services to address framework including a national plan or strategy sets out key actions by violence against women. And in 38 economies, budgetary commitments government for addressing gender-based violence. are allocated both for governmental and non-governmental provision of services (figure 3). This section examines whether there is a law or provision that specifically creates an obligation on governments to provide budget or allocate A comprehensive policy framework such as a national action plan or funding for the implementation of such programs or activities. This also strategy to address gender-based violence should accompany legislation, includes the existence of entities established within the government in order to enhance implementation measures. Of the 100 economies structure to specifically address issues of violence against women or covered, 80 have reported having national plans focusing on violence effectively provide services to survivors. This section also looks at against women, mostly among OECD high-income economies, followed whether economies have national action plans to put in place prevention by Latin America and the Caribbean and the Middle East and North Africa. and response initiatives addressing gender-based violence. When budgetary allocations complement national strategies, this can Budgetary commitments may be required by law, earmarked in budgets, enhance the effectiveness of the law. Of the 100 economies covered, 73 made through spending on dedicated structures or services, or provided have both budgetary commitments and national action plans. through subsidies to civil society organizations engaged in gender Throughout East Asia and the Pacific, Latin America and the Caribbean, violence prevention. The data shows that the majority of economies with the Middle East and North Africa, OECD High-income economies, and a specialized service for survivors of violence also commit budgetary South Asia, all economies that have national plans are also supported by resources for implementation. a budgetary commitment. In 2015, for example, the Australian Government announced a $100 million Women’s Safety Package as part Budgetary commitments exist in 85 out of the 100 economies covered of the National Plan to Reduce Violence against Women and their but are less common in Europe and Central Asia and in Sub-Saharan Children (2010-2022). Africa. In 15 economies, no budgetary commitment of any kind could be located in legislation, government-earmarked budgets, or through actual Often, national action plans are established or coordinated through spending. These include ten economies in Sub-Saharan Africa government gender machineries. For example, almost all the economies (Cameroon; Congo, Rep; Kenya; Lesotho; Madagascar; Senegal; Tanzania; in Latin America and the Caribbean have a government body in charge of Togo; Uganda; and Zimbabwe) and five in Europe and Central Asia gender equality and women’s rights in line with national plans addressing (Armenia, Belarus, Russian Federation, Serbia, and Uzbekistan). Among violence against women. Title II of Argentina’s Law on Comprehensive the 85 economies with some form of budgetary commitment, 57 Protection to Women, for instance, established the National Council for mandate this by law, most commonly in East Asia and the Pacific and Latin Women as the governing body responsible for designing policies to America and the Caribbean. In 62, these are earmarked in government implement the law. The National Council for Women was also tasked with budgets or made through actual spending, whether or not also mandated preparing, implementing and monitoring a National Plan of Action for the in law. Prevention, Assistance and Eradication of Violence against Women.18 The Plan is supported by specific funding earmarked in the National Budget Civil society and non-governmental organizations can play an important for the expansion of a domestic violence agency office and a program for role in filling the services gap for survivors of violence. Where this is the Protection of Victims from Violence. Figure 3. More than one third of economies have budgetary commitments Global Sub-Saharan Africa Middle East & North Africa Europe & Central Asia South Asia East Asia & Pacific Latin America & Caribbean OECD High-income 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of economies Budget for implementation by Government & NGOs Budget only for implementation by Government Budget only for implementation by NGOs No budgetary commitments Source: Women, Business and the Law database 3 Protecting Women from Violence - Bridging the Implementation Gap Between Law and Practice Figure 4. Budgetary commitments do not always result in actual spending Middle East & North Africa East Asia & Pacific Europe & Central Asia Sub-Saharan Africa South Asia OECD High-income Latin America & Caribbean Global 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of economies Budget commitment by law & spending exist Budgetary commitment by law & no spending exists No budgetary commitment by law Source: Women, Business and the Law database In 12 economies there are budgetary commitments but no national refuge for women and children and can be relevant pathways to social, action plans to guide implementation: Angola; Barbados; Belize; China; legal and medical assistance. In some cases, the availability of alternative Croatia; India; Iran, Islamic Republic; Malaysia; Pakistan; Thailand; accommodation services may reduce the frequency and intensity of Trinidad and Tobago; and United Arab Emirates. Conversely, in the 15 violence, as evidenced by Berk et al. (1986) in a study evaluating the economies where there are no budgetary commitments, national plans impact of shelters on wife battery, using data from 1982 and 1983 in still exist in Belarus, Kenya, Madagascar, Russian Federation, Serbia, Santa Barbara County, California.19 Another study in the United States Tanzania, and Togo. showed that 79% of women who had used shelters reported this as a likely effective strategy to protect them from abuse.20 In order to be effective, budgetary commitments must also result in actual spending. Among the 57 economies where budgetary Twenty-four-hour hotlines exist in 78 of the 100 economies examined commitments are mandated by law, in 23 no actual budgetary spending but are least common in Sub-Saharan Africa (figure 5). These may could be located (figure 4). Additionally, both budgetary commitments provide information, referrals or services to survivors, which were and national action plans should account for and cover both prevention indistinctly covered under this analysis. Access to shelters for survivors and response activities as part of a comprehensive approach to of violence is only mandated in 57 of the economies covered. China’s addressing violence against women. 2015 Domestic Violence Law recently expanded the definition of domestic violence to provide survivor support services including Access to support through phone hotlines and shelters temporary shelters and legal aid. Phone hotlines and shelters, where available and accessible, can be In 33 of the 43 economies where the law does not mandate access to important services for women facing violence to seek information and shelters, such services were still found to be available, often provided by support. This section examines whether 24-hour dedicated phone non-governmental organizations. However, in ten economies hotlines and shelters or alternative accommodation exist for women –Cameroon, Côte d'Ivoire, the Democratic Republic of Congo, Myanmar, survivors of violence. Republic of Congo, Senegal, Togo, Uganda, Uzbekistan, and West Bank and Gaza, access to shelters is neither guaranteed by law nor could any Twenty-four-hour hotlines can be a first point of contact and provide shelters or alternate accommodation be found for survivors seeking to information to survivors about support services. The Fiji Women’s Crisis escape violence at home. Shelters could be located in the main business Centre, for example, provides 24-hour counselling services to survivors of cities for survivors of violence in only six out of ten economies where violence over the phone. Shelters offer immediate and longer-term safe access to shelters is legally mandated. Figure 5. OECD high-income economies have the greatest percentage of 24-hour hotlines Percentage of economies with 24-hour hotlines Global average 97% 92% 92% 90% 100% 88% 84% Percentage of economies 80% 66% 60% 40% 20% 10% OECD high income East Asia & Pacific Europe & Central Latin America & South Asia Middle East & Sub-Saharan Africa Asia Caribbean North Africa Source: Women, Business and the Law database 4 Indicators Group Research Note No. 4 Figure 6. Mandated training and protocols for health professionals Latin America & Caribbean East Asia & Pacific OECD High-income Europe & Central Asia Middle East & North Africa Sub-Saharan Africa South Asia Global 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of economies Medical protocols and training Medical protocols only Medical training only none Source: Women, Business and the Law database Data also show that 50 economies have both hotlines and legally multidisciplinary approach for treating survivors, involving services such mandated access to shelters, 48 of which are supported by budgetary as emergency and trauma, obstetrics and gynecology, psychiatric care commitments. In the Netherlands, for example, the government-funded and police services.23 Additionally, protocols for medical personnel exist Safe Home Program includes accommodation for survivors of violence, a in 15 of 18 economies covered in Latin America and the Caribbean, while 24-hour hotline, and a team of specialists providing care to survivors. ten mandate training. In the Middle East and North Africa region, only These services are in line with the government’s budgetary commitments Morocco and Tunisia have medical protocols, while Jordan has both under the 2015 Social Support Act to provide services and shelters for protocols and mandatory training. In Sub-Saharan Africa, 15 of the 25 vulnerable populations, including domestic violence survivors. economies have protocols but only Cabo Verde and Nigeria also have mandated training; in Benin, only mandated training exists. Specialized training and protocols for first respondents in health and law enforcement Law enforcement Healthcare professionals and law enforcement personnel who respond to Training and protocols are also critical in ensuring the effective response violence against women require specialized training and protocols to deal of law enforcement personnel. Survivors of domestic violence are less with such cases in a gender-sensitive manner. likely than survivors of other types of violence to contact the police, often due to privacy concerns, stigma, shame, rampant impunity and fear of Medical Professionals reprisal.24 Limited awareness and sensitivity on the part of law With intimate partner and sexual violence among the most pervasive enforcement officials can contribute to these issues. Specialized police forms of violence, health care providers are critical first responders for units for women—often including female police offers—can encourage survivors. Women will often seek health care, even if they do not disclose women to report violence. their abuse.21 Training and protocols – if adequately implemented – may help healthcare professionals identify signs of violence, provide critical In Rwanda, for example, the National Police has established support services and prevent future harm. Good practice service gender-based violence desks to improve rapid response and capacity in provision includes ensuring such professionals are trained as part of in investigating, providing counseling, and assisting survivors to get access service and preservice education, and that training covers collecting to appropriate health, legal and psycho-social support services.25 And in forensic evidence, if applicable, as well as providing referral information Lebanon, the Law for the Protection of Women and Family Members to other follow-up services. A study in the United States of America against Domestic Violence mandates the creation of a special unit on examining emergency department utilization by women who were domestic violence established in the Directorate General of the Internal ultimately killed by an intimate partner, for example, showed that 44% of Security Forces (ISF), which receives special training and must include them had sought emergency health services within the two years prior to women officers. their death.22 The existence of protocols and specialized police units for women is more Healthcare protocols need to be applied consistently. Where training is common, while legally mandated training for law enforcement officers is mandated by law, this can help ensure that medical staff are aware of less so. Protocols for law enforcement personnel are common in most such protocols. The existence of protocols is more common than legally regions. Of the 100 economies covered, 78 have established protocols for mandated training for healthcare professionals (figure 6). Of the 100 law enforcement personnel in addressing cases of violence. In South Asia, economies examined, 69 have protocols for medical personnel but only these exist in all economies covered. Throughout East Asia and the 28 legally mandate training. Pacific, Latin America and the Caribbean, and OECD high-income economies, all but Myanmar, Jamaica and Netherlands, respectively have There is no training mandated by law in the five South Asian economies such protocols in place. covered, however, they all have established protocols for medical personnel dealing with cases of violence against women. Among the 11 As with health professionals, the existence of protocols is critical, but economies in East Asia Pacific, eight have established protocols for mandatory training can help ensure they are properly followed. Specialized medical personnel, and five of these also mandate training. The training of police personnel is mandated by law in 44 economies, but varies Malaysian Ministry of Health’s Guidelines for healthcare providers across regions. It ranges from seven of 25 economies in Sub-Saharan Africa working in their One Stop Crisis Centre, for example, establish a to 11 of 18 in Latin America and the Caribbean. 5 Protecting Women from Violence - Bridging the Implementation Gap Between Law and Practice Figure 7. Specialized law enforcement services are more prevalent among economies in Latin America and the Caribbean Percentage of economies 100% 27% 27% 27% 20% 44% 40% 40% 50% 55% 56% 40% 64% 67% 56% 60% 20% 18% 24% 0% 9% 6% Latin America South Asia Europe & East Asia & Middle East & OECD high-income Sub-Saharan Africa & Caribbean Central Asia Pacific North Africa No specialized service exists One to two services exist Specialized units, mandated training and protocols exist Source: Women, Business and the Law database Special police units to deal with violence against women exist in 65 of the that while a survivor does not need a lawyer to file for a protection order, economies covered globally. They are more common in South Asia, her application is more likely to be successful with legal representation.26 where all economies covered have dedicated law enforcement services, and less common in Europe and Central Asia, where they exist in seven of Beyond access to legal aid, the structure of judicial systems – and the 15 economies examined. About one third of economies have whether they are sensitive to the specificities of domestic violence cases specialized units, mandated training and protocols for law enforcement – can impact a survivor’s access to justice. This may include having activities, most commonly in Latin America and the Caribbean (figure 7). specialized courts or procedures for cases of domestic violence, courts with exclusive subject matter jurisdiction or specially trained judges, as Improving access to justice - legal aid and specialized court well as special procedures regarding protection orders and other procedures mechanisms to protect the privacy and rights of survivors. Legal aid is a crucial component in enabling access to justice for survivors Of the 100 economies covered, 44 mandate access to legal aid of violence, who often have limited understanding of the legal system. irrespective of financial status. In Nepal, for example, a 2015 legal Legal representation helps increase the likelihood of a positive outcome amendment established domestic violence survivors as a special category for survivors, even where it may not be required by law. With legal aid, eligible for legal aid irrespective of income. And in 2016, Moldova they have access to critical assistance in obtaining protection orders or introduced free legal assistance to survivors and a new 24-hour help line. filing charges against the perpetrator. For example, monitoring of In 32 of these economies, there are also specialized court procedures for Bulgaria’s 2005 Law on Protection against Domestic Violence has shown cases of domestic violence. BOX 2. Economies in Latin America and the Caribbean lead the Uruguay’s Law 17.514 mandates the design of a national plan against way in legally mandating access to support services for domestic violence. survivors The region also has the highest number of economies – over 2 in 3 – with Since the early 1990s, Latin America and the Caribbean economies have binding budgetary commitments for implementation of violence against passed laws to protect and promote women’s rights, with earlier laws women legislation – whether mandated by law or earmarked in budgets. more narrowly establishing protection measures for women with regard In Peru, for instance, the Ministry of Women and Vulnerable Populations’ to violence suffered in the private sphere. Following the adoption of the budget includes a chapter on “Combatting Intrafamily Violence” and in Inter-American Convention on the Prevention, Punishment and Uruguay, the Ministry of Social Development includes budget allocation Eradication of Violence Against Women (Convention of Belém do Pará) in for a specific program for women victims of gender-based violence. 1994, laws increasingly started adopting a more comprehensive approach, Moreover, of the 18 economies covered in the region, 15 have 24-hour including with regards to the responsibility of States in providing for dedicated hotlines available to help survivors of violence, and in all but prevention, care, punishment and reparation measures, as well as Colombia, Costa Rica and Mexico, there are specialized police stations or ensuring gender mainstreaming, access to justice, research and police personnel trained to deal with cases of violence against women. In measurement of violence against women, among others. Mexico, gender-based violence survivors have access to a 24-hour dedicated hotline providing crisis intervention, psychological support and This progress is reflected today in the legal framework of economies in the legal advice of first contact, as well as dedicated hours for in-person legal region. Of the 12 economies with more comprehensive services for assistance free-of-charge for women survivors of violence at the Superior survivors of gender-based violence, nearly half are in Latin America and Court of Justice of the Federal District in Mexico City. the Caribbean, namely Argentina, Brazil, Guatemala, Panama, Peru; these Finally, laws mandating the availability of legal aid and shelters were have a national plan to address gender-based violence, budgetary located in 12 economies, while in 11 services were able to be located. commitments for the implementation of legislation, and ensure or Brazil’s Maria da Penha Law, for example, calls for the creation of Courts of mandate the availability of dedicated police units, shelters, legal aid, Domestic and Family Violence against Women, which should rely on a phone hotline, trained police and medical staff with protocols in place. “multidisciplinary assistance team made up of professionals specializing in Moreover, all 18 economies in Latin America and the Caribbean covered in the psychosocial, legal and health areas,” and in Guatemala, free legal this study have legislation specifically addressing domestic violence, 15 of assistance services are provided for survivors and their families by the which also have a national plan in place to address violence against Public Defense Institute in accordance with the Law Against Femicide and women. The only exceptions are Barbados, Belize and Trinidad and Other Forms of Violence against Women. Tobago. For example, Mexico’s Law on Access of Women to a Life Free of Violence mandates the adoption and implementation of a national policy Source: UNDP and UN Women 2017 and Women, Business and the Law to prevent, address, sanction and eradicate violence against women, and database 6 Indicators Group Research Note No. 4 The existence of both access to legal aid and specialized court procedures more is needed to address an issue that still affects over one in three is found in nearly two thirds of economies in Latin America and the women worldwide. Caribbean and South Asia. However, of the 25 economies in Sub-Saharan Africa, only Angola, Benin and Burkina Faso guarantee access to legal aid By mapping out where measures and services exist to bridge the and have specialized court procedures, while no economy in the Middle implementation gap on laws protecting women from violence, Women, East and North Africa does. Business and the Law aims to shed light on where good practices have emerged and where gaps still exist in providing more effective protection Meanwhile, in eight economies which do not legally guarantee access to and response to survivors. This can encourage more policies that ensure legal aid for survivors of domestic violence — Australia, Malaysia, that women like Marta can have the support they need to overcome this Netherlands, Paraguay, Rwanda, South Africa, United Kingdom, and West pervasive form of gender inequality and to fully access economic Bank and Gaza — survivors can still seek assistance free of charge opportunities. through a public prosecutor or public solicitor’s office. However, in 48 of the examined economies, no such legal access or service exists, NOTES predominantly in Europe and Central Asia, the Middle East and North 1 Story shared with the Women, Business and the Law team by Fundación Honra, an NGO that Africa and Sub-Saharan Africa. provides assistance to survivors of violence in Chile. Names have been changed to protect identities. Sardaryan 2017. Conclusion 2 3 Survivor of violence is defined as a person who has experienced gender-based violence. Throughout the literature and in practice, the terms “victim” and “survivor” are found to be What are contributing factors for the adoption of used interchangeably, while “victim” is a term often used in the legal and medical sectors and “survivor” is the term generally preferred in the psychological and social support sectors implementing measures in legislation? because it implies resiliency. For more information, see The Gender-Based Violence Information Management System Glossary, List of Acronyms and Works Referenced, which Measures and services aimed at enhancing protection and response can be accessed here: http://gbvims.com/wp/wp-content/uploads/AnnexA_Feb2011.pdf 4 Tjaden and Thoennes 2000. effectiveness have been adopted largely following commitments and 5 Palermo et al. 2014. recommendations set out in international and regional conventions and 6 UNSD 2015. 7 WHO 2017. agreements. Eight years after the ratification of the Convention on the 8 Garcia et al. 2015. Elimination of All Forms of Discrimination Against Women (CEDAW), 9 Day et al. 2005. countries were found to be 23.4% more likely to adopt full legal 10 Kasirye 2013. 11 Klugman et al. 2014. protections against domestic violence.27 12 In addition to the data on domestic violence and sexual harassment legislation included in the Women, Business and the Law index, the global data collection exercise covers other In 1995, the Beijing Declaration and Platform for Action called for aspects of gender-based violence, including the different types of abuse covered by domestic violence laws, legislation regulating the minimum age of marriage and prohibitions on child countries to provide survivors of violence access to mechanisms of and early marriage, the existence of specialized courts or procedures for cases of domestic justice, formulate and implement plans of actions to eliminate violence violence, as well as the availability of protection orders for survivors of domestic violence. This additional data can be accessed and downloaded from the Women Business and the Law against women, train medical, police and the judiciary, provide shelters website at wbl.worldbank.org and allocate budgets for implementation activities. Over the following 13 Women, Business and the Law data is collected and applicable to the main business city of two decades, national legislation adopted more progressive and the economy. The data does not cover laws and services that may exist in other cities or provinces. In addition to services covered under this pilot exercise, other key areas relevant protective provisions.28 This included implementing more systematic data to protection and response to survivors of violence include access to health (physical and collection mechanisms to help assess the issue and inform policy-making. mental), access to case management or victim advocates, social safety nets or economic and In France, for example, an Observatory of Parity was established through livelihood opportunities. These were not covered under this pilot exercise as they fall outside the scope of global data covered by the Women, Business and the Law research. Presidential Decree No. 95-1114, to collect data on the status of women. 14 Inter-Agency Standing Committee 2015. Similarly, the French National Council for Victim Assistance (CNAV) was 15 UNODC 2010. 16 Mukasa et al. 2014. established in 1999 in accordance with CEDAW General 17 Swadhar Greh Scheme: A Scheme that caters to primary needs of women in difficult Recommendation No. 19 to support survivors of sexual abuse. circumstances run by the Ministry of Women and Child Development, Government of India. 18 Consejo Nacional de las Mujeres de Argentina 2016. 19 Berk et al. 1986. And just months after ratifying the Council of Europe Convention on 20 Goodkind et al. 2004. Violence against Women, Denmark launched its 2014 National Action 21 WHO 2013. 22 U.S. Department of Health and Human Services 2013. Plan to Combat Violence in the Family and Intimate Relationships. It was 23 Ministry of Health of Malaysia 2015. the country’s first plan to include a comprehensive list of measures and 24 Deane et al. 2006. services, including budgetary commitments, provision of training for 25 UNIFEM 2005. 26 UN Women 2012. medical and police personnel, and a telephone hotline. 27 Richards and Haglund 2015. 28 de Silva de Alwis and Klugman 2015. Other economies, including Guatemala and Turkey, explicitly reference benchmarks in international law in their domestic violence legislation. The underlying advocacy work by women’s groups and civil society References organizations is also a key element in the adoption of such initiatives. Berk, Richard A., Phyllis J. Newton and Sarah Fenstermaker Berk. 1986. “What a Difference a Day Makes: An Empirical Study of the Impact of Shelters for Battered Women.” Journal of Marriage and Family. 48(3): 481-90. What lies ahead for improving prevention, protection and Boinville, Madeleine. 2013. 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Responding to intimate partner violence and sexual violence Gender-Based Violence in Developing Countries.” American Journal of Epidemiology 179 (5): 602–12. against women. WHO Clinical and Policy Guidelines. Geneva: WHO. 8 Research and Development Center in Chile Indicators Group Research Note No. 4 Annex: economy coverage and data questions interaction with these respondents based on responses to questionnaires, conference calls, written correspondence and visits by The Women, Business and the Law index includes measures of laws on the team, and are current as of June 1, 2017. domestic violence and sexual harassment. In addition to the data on domestic violence and sexual harassment legislation included in the In addition to filling out written questionnaires, Women, Business and Women, Business and the Law index, the global data collection exercise the Law respondents provide references to the relevant laws, covers other aspects of gender-based violence, including the different regulations and provision of services, which is further verified for types of abuse covered by domestic violence laws, legislation regulating accuracy by the data collection team. As mentioned earlier, the data the minimum age of marriage and prohibitions on child and early included in this pilot exercise is limited to areas covered under the marriage, the existence of specialized courts or procedures for cases of Women, Business and the Law index and aspects of GBV included in domestic violence, as well as the availability of protection orders for the broader global data collection exercise. survivors of domestic violence. This additional data can be accessed and downloaded from the Women Business and the Law website at wbl.worldbank.org. Questions on implementation measures and support services for survivors of violence As part of the research, to understand where mechanisms have been adopted to enhance the effectiveness of laws in place, Women, Business Implementation and the Law undertook a pilot exercise examining the existence of certain QUESTION measure exists (No. of economies) key support services in a set of 100 economies by collecting data covering 13 questions on regulation aimed at closing gaps between laws on the 1. Is there a national plan on violence against women 80 books and implementation. or does the law mandate the creation of one? 2. Are there national protocols for health professionals 69 Economy coverage, by region dealing with cases of violence against women? Region Economies covered 3. Are there national protocols for law enforcement 78 personnel dealing with cases of violence against East Asia & Cambodia; China; Fiji; Indonesia; Lao PDR; Malaysia; women? Pacific (11) Mongolia; Myanmar; Philippines; Thailand; Vietnam 4. Does the law mandate specialized training for health 28 Europe & Albania; Armenia; Azerbaijan; Belarus; Bulgaria; Croatia; professionals dealing with cases of violence against Central Asia (15) Kazakhstan; Lithuania; Romania; Russian Federation; women? Serbia; Tajikistan; Turkey; Ukraine; Uzbekistan 5. Does the law mandate specialized training for law 44 Latin America & Argentina; Bahamas, The; Barbados; Belize; Brazil; enforcement personnel dealing with cases of Caribbean (18) Colombia; Costa Rica; Dominican Republic; Ecuador; violence against women? El Salvador; Guatemala; Jamaica; Mexico; Panama; Paraguay; Peru; Trinidad and Tobago; Uruguay 6. Are there any binding budgetary commitments on 78 the government for the implementation of legislation addressing violence against women through relevant Middle East & Algeria; Bahrain; Egypt, Arab Rep.; Iran, Islamic Rep.; programs? North Africa (11) Iraq; Jordan; Lebanon; Morocco; Tunisia; United Arab Emirates; West Bank and Gaza 7. Are there any binding budgetary commitments on 45 the government for the implementation of legislation OECD high Australia; Canada; Chile; Denmark; Finland; France; addressing violence against women to allocate funding income (15) Germany; Greece; Hungary; Netherlands; Slovenia; and/or incentives to non-governmental organizations Spain; Sweden; United Kingdom; United States for relevant activities? South Asia (5) Bangladesh; India; Nepal; Pakistan; Sri Lanka 8. Does the legislation guarantee access to legal 44 assistance? Sub-Saharan Angola; Benin; Botswana; Burkina Faso; Cabo Verde; Africa (25) Cameroon; Congo, Dem. Rep.; Congo, Rep.; Côte d’Ivoire; 9. If not, is there a public prosecutor/public solicitor's 8 Gambia, The; Ghana; Kenya; Lesotho; Madagascar; office that can handle domestic violence cases? Malawi; Mozambique; Namibia; Nigeria; Rwanda; Senegal; South Africa; Tanzania; Togo; Uganda; Zimbabwe 10. Is there a dedicated police station, specialized police 65 staff or unit to deal with violence against women? Source: Women, Business and the Law database Note: The number of economies covered for each region is listed in parenthesis, of a 11. Does the legislation guarantee access to shelters 40 total of 100 economies covered globally. or alternative accommodation? 12. If not, is there a shelter or alternative 33 The data were collected based on responses from practitioners with accommodation available to survivors? expertise in violence against women and criminal law, including lawyers, judges, academics and members of civil society organizations working on 13. Is there a 24-hour phone hotline for survivors 78 of violence to seek advice and support? gender-based violence issues. The data were collected through Research and Development Center 9 in Chile