Focus on Women - issue 07 - Rights of Women

focus on women no.7 8/6/07 17:48 Page 1
<strong>Focus</strong>
onwomen
Issue 7 2007
Welcome to the seventh edition of the
Rights of Women Policy Newsletter <strong>Focus</strong>
on Women.
Since the last edition of <strong>Focus</strong> on Women
there have been several developments in
various laws affecting women experiencing
violence. In immigration law, Rights of
Women has been at the forefront of
clarifying the impact of the new
‘Knowledge of English’ and ‘Life in the UK’
tests on women experiencing domestic
violence. This issue of <strong>Focus</strong> on Women
sets out the relevant changes and
exemptions to the Immigration Rules. We
also look at recent legal developments on
forced marriage. In particular, Rights of
Women has also been very active in
campaigning and lobbying around the new
Forced Marriage Bill which is currently in
the House of Lords. This issue also
contains an analysis of the implementation
of the outstanding sections of the
Domestic Violence, Crime and Victims Act
2004.
This issue of <strong>Focus</strong> on Women features a
briefing on the gender duty which entered
into forced in April 2007. We look at the
duty and its implications for women only
services. In addition, we also share insights
and experiences gained on a recent trip to
meet with women’s organisations in
Argentina. The regular Updates section
tracks developments in areas we have
previously highlighted in <strong>Focus</strong> on Women,
including abortion, sexual orientation
discrimination and trafficking. Details of our
forthcoming events and publications can
be found on The Noticeboard.
I would like to take this opportunity to
highlight Rights of Women’s forthcoming
conference for women examining the law
and legal rights and remedies available to
Black and Minority Ethnic or Refugee
(BMER) women experiencing violence. The
conference will be followed by the launch
of our exciting new handbook on the law
and legal rights and remedies available to
BMER women experiencing violence. For
more details see The Noticeboard.
If you have any feedback or comments on
<strong>Focus</strong> on Women, please send these to
Sanchita Hosali, our Policy Officer, at
sanchita@row.org.uk
Ranjit Kaur
Director, Rights of Women

focus on women no.7 8/6/07 17:48 Page 2
Contents
■ Immigration Update: In with
the BIA out with SET(O) 2
■ Creating Protection: The
Forced Marriage Bill 4
■ Domestic Violence:
Forthcoming changes to
the law 6
■ The Call of Duty: The Gender
Duty 8
■ Rights of Women in Argentina:
Information is Power 10
■ Consultations 12
■ Updates 12
■ The Noticeboard 14
Immigration Update:
In with the BIA out
with SET(O)
The end of the IND?
The Immigration and Nationality Directorate
has now been replaced by the Border and
Immigration Agency (the BIA). The BIA
states that its aim is to manage immigration
in the interests of Britain’s security,
economic growth and social stability. While
the name might have changed not much
else appears to have as changes to the
organisation of the agency have been minor.
The domestic violence rule –
developments
Anyone who supports survivors of domestic
violence will be familiar with the punitive
and discriminatory rules that apply to
women whose immigration position is
uncertain. Under the Immigration Rules
victims of domestic violence who were
admitted to the UK with limited leave as
spouses, civil partners or partners can apply
for Indefinite Leave to Remain (ILR) if they
can provide evidence that their relationship
broke down before the end of the 2 year
probationary period because of domestic
violence. Whilst a woman’s application for
ILR is being processed she has no recourse
to public funds which means she often has
to choose between destitution or returning
to an abusive relationship.
Knowledge of English and Life in the UK
On 4th of December 2006 the IND (as it then
was) announced the introduction of new
rules for applications for ILR made on or
after 2nd April 2007. These changes require
all applicants aged 18-65 to show that they
have sufficient knowledge of English and
“life in the UK” in addition to meeting the
usual requirements. This means that
refugees applying for ILR and women
applying for ILR at the end of the 2 year
probationary period will have to show they
have sufficient knowledge of English
language and life in the UK.
Applicants can meet the new requirements
by either:
■ Passing a Life in the UK Test or, if the
applicant does not speak English well
enough to enable her to complete the
test (English for Speakers of Other
Languages, ESOL, Entry level 3),
■ Gaining an approved ESOL
qualification by attending a course which
includes citizenship materials.
Rights of Women believed that the
introduction of these requirements would
prevent women experiencing domestic
violence from successfully applying for ILR.
To require a woman who is unable to access
public funds, who may have only been in the
UK a comparatively short period of time to
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undertake a language course or a test in
addition to providing evidence of the
violence she has experienced would be
discriminatory and inhumane. Consequently,
Rights of Women wrote to Ministers urging
them to rethink the new policy.
On 21st March 2007 Matthew Coates, the
IND Director for Asylum announced to a
seminar that women who applied under the
domestic violence rule would not have to
complete the new language and life in the
UK requirements. Unfortunately, the IND /
BIA website did not make any reference to
this announcement until just days before the
change was to become law.
Rights of Women is pleased that the
Government has decided not to impose the
new Life in the UK or language requirements
on those who apply for ILR under the
domestic violence rule. However, we have a
number of other concerns about the new
requirements and their implementation.
Rights of Women’s concerns
The new requirements have not been
publicised widely enough. The only
information about the changes that existed
was a paragraph-long press release on the
IND / BIA website. Consequently, many
people will only find out about the changes
when their application for ILR is refused and
they are given further leave to remain
instead.
While Rights of Women welcomed the
exemption relating to domestic violence this
was again not publicised until days before
the new requirements became law which
caused uncertainty and concern for women
considering making applications and
women’s support groups. The publicity (a
leaflet and poster) that has now been
released to make people aware of the
changes does not refer to the domestic
violence exemption which may result in
women thinking that they have to meet the
new requirements when they do not. The only
information about the exemptions is on the
BIA website in a Question and Answer
document. Women experiencing domestic
violence during their probationary period may
not read English; have access to the internet
or knowledge about where to find such
information. Furthermore, the BIA has not
made any effort to disseminate the Question
and Answer document to women’s groups or
others who support survivors of domestic
violence. Even more frustratingly the
Question and Answer document is itself
misleading and contradictory.
New Application forms for applications
under the domestic violence rule
The BIA has introduced a new application
form SET(DV) for use in domestic violence
applications which replaces the form SET(O).
The introduction of the new form is to be
welcomed as form SET(O) was used in a
number of different applications which many
people found confusing. The new form is
clearer and enables women to provide the
information they need in order to make a
successful application. More evidence than
has been previously been required (evidence
that the couple were living together at the
start of the probationary period) is requested
but the Immigration Rules and the guidance
given to BIA decision-makers remains the
same so no further legal requirements are
being imposed on applicants. It is hoped
that the new forms and faster decisionmaking
will improve the position of women
making applications under the rule.
For further information about the English
language and life in the UK requirements see
Knowledge of Life in the UK Settlement Q&A
available from http://www.bia.homeoffice.
gov.uk/applying/generalcaseworking/
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Creating Protection:
The Forced Marriage
Bill
The last six months has seen significant
development of the Forced Marriage (Civil
Protection) Bill,
which featured in the
Updates section of
Issue 6 of <strong>Focus</strong> on
Women.
The Bill was
introduced to the
House of Lords by
Lord Lester of Herne
Hill as a Private
Members Bill.
Copies of the Bill
can be obtained
from the Odysseus
Trust i or the
Parliament website. ii
Rights of Women
has supported the
Forced Marriage
(Civil Protection) Bill.
The Bill seeks to
protect
survivors/victims of
forced marriage
against serious
abuse by using civil
remedies in the
family courts.
Forced marriage
A forced marriage is
one which is
conducted without
the consent of one
or both of the
parties to the
A Quick Guide to Private
Members Bills (PMB) in the House
of Lords
A PMB is a Bill (a draft law) that is
introduced by a Peer in the House of
Lords. At the first reading in the House of
Lords the short title of the Bill is read out
by the Peer responsible for it. There is no
debate at this stage, the Bill is ‘placed
before Parliament’, meaning it is printed
and available to the public. The second
reading provides the opportunity for the
first debate on the general principles Bill.
The Bill then goes to committee stage to
analyse the details of the Bill section by
section. All the Peers in the House of
Lords can, if they choose, attend the
committee. Next, at the report stage the
discussions are reported back to the
whole House of Lords, and any small
changes are debated. The third reading is
the final reading of a Bill. In the House of
Lords, this is the last opportunity to debate
on and accept or reject changes. If the Bill
is accepted by the House of Lords, an MP
in the House of Commons must then agree
to be responsible for introducing the Bill to
the House of Commons, where it may be
further debated, changed, accepted or
rejected. In reality very few PMB become
law, although, some very important laws
have started off as PMB, such as the
Human Rights Act 1998 and the Civil
Partnership Act 2004.
marriage. A forced marriage is not the same
as an arranged marriage, where both parties
consent to the marriage, having had partners
chosen by family members or others.
In line with international human rights laws,
Rights of Women considers forced marriage
to be a form of violence against women
which violates a number of rights, including
rights to freely
enter into marriage,
and to bodily and
sexual integrity. All
available evidence,
including that of
the Government’s
Forced Marriage
Unit, suggests that
it is overwhelmingly
women and girls
who are forced into
marriage (the Unit
reports
approximately 250
cases annually, of
which 85% are
women or girls).
Forced Marriage
(Civil Protection)
Bill
There is currently
no law which
specifically
prohibits forced
marriage in the UK.
Rights of Women
has consistently
argued that justice
for the survivors/
victims of forced
marriage is not only
about the criminal
law but should
include civil law
4
i www.odysseustrust.org
ii www.parliament.gov.uk

focus on women no.7 8/6/07 17:49 Page 5
remedies. iii Civil law remedies can protect
and empower women, and importantly,
unlike criminal sanctions, allows them to
start and stop proceedings when they
choose.
Rights of Women believes that the Bill is
important because it will provide a specific
remedy. This is an injunction/order that
prohibits individuals from carrying out acts
that will lead to a forced marriage. The Bill
covers areas which are not necessarily
addressed by the current civil laws, such as
deception, aiding and abetting, inducement
by extended family members and interim
relief. The preventative nature of the
proposed injunction is particularly important
because it can be used to stop a forced
marriage from taking place. Most cases
involving forced marriage are currently
limited to the High Court. The Forced
Marriage Bill will make a remedy available in
the lower county courts, which are far more
accessible. In addition, a specific law
prohibiting forced marriage may encourage
the forced marriage awareness of the High
Court to filter down the court system to the
county courts. The existence of a specific
law prohibiting forced marriage may have a
strong deterrent value. It may also clarify the
obligations of State bodies (such as social
services and the police), who despite having
specific forced marriage guidelines are often
unaware of or inconsistently fulfil their
duties. iv The Bill allows ‘third party litigation’,
which means that a person other than the
woman threatened with or forced into
marriage can go to court and seek an
injunction on her behalf. This is important,
because there are situations where women
cannot, for a number of reasons, initiate
legal proceedings on their own behalf. This
may be particularly relevant to cases of
forced marriage, where, for example, a
woman may be being held against her will.
Government support for the Bill
Initially, the Government did not support the
Bill, saying in Parliament that they did ‘not
yet know whether it is the right answer.’ The
Government raised a number of concerns,
including the importance of consultation.
Subsequently, Lord Lester conducted an
open consultation inviting comments and
suggestions on the Bill. Rights of Women v
and other organisations participated in this
consultation. vi
In April, the Government announced its
intention to support the Bill, and made
several amendments. Importantly, the
Government changes included changing the
Bill from a free-standing separate measure
to incorporating it into the Family Law Act
1996 (FLA). The FLA is the law containing
injunctions used in domestic violence cases.
Rights of Women has concerns about this
approach, which are outlined in detail on our
response to Lord Lester’s consultation on
the Bill. vii In brief, we are concerned because
the legal concepts in the Bill are very
different to those in the FLA. For example
the Bill allows third party litigation, and the
FLA does not because the section of the
FLA which deals with third party litigation
has never been implemented.
Rights of Women believes that the FLA is
already a complex piece of legalisation
which ordinary women find difficult to
access (we run national outreach training on
orders under the FLA as well as producing a
do-it-yourself guide for women on obtaining
iii See ‘Forced Marriage: A Wrong Not a Right, Rights of Women’s Response to the Home Office-Foreign and
Commonwealth Office Consultation on Criminalisation’, available at www.rightsofwomen.org.uk
iv There are Government produced guidelines on how to deal with cases of forced marriage for the police,
social services and education professionals, available at www.fco.gov.uk
v Consultation response available at www.rightsofwomen.org.uk
vi A report on consultation responses is available from the Odysseus Trust www.odysseustrust.org)
vii Consultation response available at www.rightsofwomen.org.uk
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an injunction under the FLA). We believe that
joining the two pieces of legislation will
create practical difficulties for women trying
to secure remedies under both the FLA and
the Bill. We also believe that the practical
difficulties this would create would go
against one of the main advantages of the
Bill: its user-friendliness for both survivors/
victims and the courts.
Future Government actions
On 10th May Prime Minister Tony Blair wrote
to several organisations and individuals,
including Rights of Women, acknowledging
our work on the Bill. viii We were of course
pleased to receive recognition for our work,
but we remain concerned about some of the
future actions that Tony Blair identified.
Rights of Women is particularly concerned
about the link between forced marriage and
immigration law, and Mr Blair’s mentioning
that the Government is consulting on
increasing the age limit for gaining access to
the UK for the purpose of marriage to 21.
Rights of Women believes that the focus on
immigration law is misplaced. Using
immigration control to tackle forced marriage
may lead to women and girls simply being
held abroad until they are old enough to
return to the UK and leaves them exposed
to further violence. Importantly, it also gives
the impression that forced marriage is
something that happens abroad, and does
little to help women and girls in the UK.
Forced marriage is an issue of violence
against women and the primary concern
should be the protection of women and girls.
Rights of Women will highlight developments
in this area in future editions of <strong>Focus</strong> on
Women.
Domestic Violence:
Forthcoming
Changes to the Law
Background to the Act
The Domestic Violence Crime and Victims
Act 2004 (DVCVA 2004) was billed by the
Government as ‘the most radical piece of
domestic violence legislation in 30 years.’ It
was an impressive claim to make, and
unfortunately, it has not really lived up to its
billing. Its very name is a misnomer: of the
130 pages that comprise the Act only 8
pages relate specifically to domestic
violence. It is no surprise that many have
regarded it as a general crime bill ranging as
it does from murder to road accidents,
rather than being a law about domestic
violence.
Particularly disappointing for Rights of
Women has been the Government’s failure
to incorporate a definition of domestic
violence into the legislation. The question
was raised in Parliament when the DVCVA
was at draft stage but was rejected –
wrongly we think – for being unworkable.
The final stage of implementation
The Act has taken a long time to be become
law. It was introduced into Parliament in
autumn 2003 following the Government’s
consultation, ‘Safety and Justice’, which
recognised the law’s failure to protect
women as victims of domestic violence. It
eventually became law at the end of 2004,
but not all of its provisions were
implemented at that time. It was promised
that all the domestic violence provisions
would be in force by September 2005, but
implementation has been piecemeal, and
more than 18 months later some of the most
important sections of the Act have not been
viii Available at www.number-10.gov.uk/output/page11504.asp
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focus on women no.7 8/6/07 17:49 Page 7
implemented. However, in December 2006,
Tony Blair announced that the remaining
domestic violence-related provisions would
be introduced on 1st July 2007.
The domestic violence provisions
Interestingly, it is the two most important
changes to the Act which are the last to be
implemented. These are changing the Family
Law Act 1996 so that the definition of
‘associated persons’ is widened and breach
of a non-molestation order will become a
criminal offence.
(i) Associated persons
Under the Family Law Act 1996 only an
‘associated person’ can apply for a nonmolestation
order or an occupation order –
the two main injunctions that are used by
women in domestic violence cases. At the
moment, and until 1st July 2007, this means
that a woman cannot obtain a nonmolestation
against her partner unless they
are living together. It makes no difference
how long the relationship has lasted or
whether they have children.
However, the DVCVA extends the definition
of associated persons to include those in an
‘intimate relationship of significant duration’.
Or, in less legal language, couples who do
not live together. Rights of Women warmly
welcomes the long overdue inclusion of noncohabiting
couples who were until now
denied protection under the Family Law Act
1996 and have had to resort to remedies
under the Protection from Harassment Act
1997, which is more complicated and not a
family law remedy.
There is no definition of significant duration
in the legislation. The question remains,
what will constitute ‘an intimate relationship
of significant duration’? We know from Paul
Goggins, Government Minister that this will
not include, in his words, ‘one night stands’.
Of greater concern to Rights of Women is
the meaning of ‘intimate relationship’. While
platonic relationships have been ruled out,
we question whether sexual intercourse will
be a pre-requisite of an ‘intimate
relationship’. Will a person who has a
disabled partner and cannot have a sexual
relationship be afforded protection? What of
couples who, for religious and cultural
reasons, pre-marital sex is not an option?
These questions will remain unanswered
until the courts make decisions on such
issues.
(ii) Criminalisation of breach of a nonmolestation
order
At the moment both breach of a nonmolestation
order and breach of an
occupation order is dealt with in the county
court by way of a fine or, rarely,
imprisonment. However the DVCVA will
change this. From July 1, 2007, breach of a
non-molestation order (but not an
occupation order) will become a criminal
offence and will be dealt with in the criminal
courts. The actual offence is:
“A person who without reasonable excuse
does anything that he is prohibited from
doing by a non-molestation order is guilty of
an offence.”
This procedure will replace the present
system of attaching a power of arrest to a
non-molestation order which the
Government has argued does not appear to
be giving women sufficient protection. It has
said that criminalising breach of a nonmolestation
order will relieve the victim of
bringing proceedings herself and act as a
deterrent.
Rights of Women’s concerns
While Rights of Women recognises the
shortcomings of the enforcement
procedures in the county court and welcome
the wider range of sentencing options
available in criminal courts, we have serious
reservations about criminalising breach of a
non-molestation order.
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We know from callers to our advice line that
a high proportion of women are reluctant to
report abuse to the police. The latest British
Crime Survey statistics corroborate this: of
women subject to domestic violence since
they were 16 years old, 79% said they had
not informed the police. There are many
reasons women do not want to criminalise
their partners: a desire for protection and not
punishment; a fear of exacerbating the
situation; the financial impact of losing the
perpetrator’s income and the stigma of a
criminal record on the family.
Rights of Women believes that choice is
critical if women are to make empowering
decisions. In the county court a woman has
full control of her case. It is she who decides
if she wants to withdraw and she who
decides to enforce a breach. However, as a
result of the DVCVA changes she will
become a witness for the prosecution and
the Crown Prosecution Service (CPS) can
pursue proceedings against her will.
There are also, inevitably, funding
implications. The new regime clearly intends
that breach of a non-molestation order will
be enforced by the police or the CPS. What
seems to have been overlooked in all the
DVCVA fanfare is that if a non-molestation
order is breached a woman will still be able
to choose not to inform the police but to
apply for a warrant for her perpetrator’s
arrest and pursue committal proceedings in
the county court.
The question remains whether legal aid will
be available to fund this? Or, as is likely, will
the Legal Services Commission (who is
responsible for legal aid) say that it is a
matter for the CPS? Rights of Women is
concerned that refusal of funding will leave
women with a stark choice: either to conduct
complex committal proceedings in the civil
courts on their own or to criminalise their
partner. Those that are not prepared to do
either will be left without any protection at all.
Conclusion
The DVCVA was designed to change the
climate of tolerance towards domestic
violence and ensure that it was treated as
seriously as any other crime. But the Act was
also specifically designed to protect women
in violent situations. It remains to be seen
whether it will achieve that in practice.
The Call of Duty: The
Gender Equality Duty
The Equality Act 2006 established the
Gender Equality Duty (GED), which came into
force in April 2007. It has been described as
the most radical change to sex
discrimination legislation in the last thirty
years, because for the first time, public
authorities are required by law to promote
gender equality and eliminate sex
discrimination.
What is the duty?
The GED consists of a general duty and
specific duties. The general duty applies to
all public bodies in England, Wales and
Scotland (a GED was implemented in
Northern Ireland at an earlier date). It
requires all public bodies to promote equality
between men and women and to tackle
unlawful sex discrimination.
There are further specific duties which apply
to specific public bodies. The specific duties
are different for England, Wales and
Scotland. i In England the specific duties on
8
i The issue of devolution means that there are different requirements on bodies that are devolved bodies in
Wales and Scotland, such as the Welsh Assembly and Scottish Parliament, as compared to bodies in England
(and those in Wales and Scotland which are not devolved bodies). More information about the specific duties
that are relevant to bodies in England, Wales and Scotland can be found on the Equal Opportunities website:
www.eoc.org.uk

focus on women no.7 8/6/07 17:49 Page 9
public authorities relate to the drafting and
implementation of a gender equality scheme
by 30th April 2007. This included having
consulted stakeholders and considering
relevant information in determining gender
equality objectives. Stakeholders can include
employees, service users, trade unions, and
it may also be good practice to have
consulted women’s groups. The actions
under the gender equality schemes must be
implemented within three years, unless it is
unreasonable or impracticable to do so. The
public authorities must also report on the
implementation of scheme every year and
conduct a review at least every three years.
Who does the duty apply to?
The general duty applies to all the functions
of all public authorities. Similar to the Human
Rights Act 1998, the Equality Act defines a
public body as any body that has functions
of a public nature. Examples include local
and central government, hospitals, schools
and police authorities. ii
The GED also applies to some private or
voluntary sector bodies if they are carrying
out public functions. This could include a
private company which has been contracted
by the local council to provide school meals.
When a private or voluntary body has been
contracted to provide services by a public
authority, that public authority is also subject
to the GED.
In addition, there are public bodies that are
listed which are required to follow the
specific duties. This list is available from the
website of the Equal Opportunities
Commission (EOC), www.eoc.org.uk
Why is the duty important?
Previous laws on sex discrimination have
focused on individual cases of
discrimination. This means the onus has
been on individual women to bring cases of
discrimination. This is problematic for a
number of reasons. An individual may be
intimidated by the idea of bringing a case. In
addition, an individual case will usually focus
on individual circumstances and it can be
very difficult to look at widespread or
systemic discrimination. However, the GED
shifts this burden from the individual to the
public authorities by requiring them to take
active steps to eliminate unlawful
discrimination and promote equality of
opportunity between men and women. It is
similar to the duties on public authorities in
relation to race and disability.
How will the duty affect women’s
services?
There are concerns that the GED will have a
negative impact on women-only services, as
some public authorities may interpret the
duty to promote equality between men and
women to mean treating women and men
the same. The Women’s Resource Centre
has reported that this ‘formal equality’ was
experienced by some of its members in
Northern Ireland where there is a similar
gender duty under the Northern Ireland Act
1998. iii This formal equality approach can
include not recognising that domestic
violence affects predominantly women and is
gender based by having a gender neutral
definition of domestic violence and providing
services that must be open to men and
women, and not women-only services.
This approach is at odds with the intended
aim of the GED which is about ensuring
equality of opportunity between men and
women. This can only be done if there is
recognition of the historic and continuing
barriers to equality that women face.
The GED in England and Wales should not
lead to services being provided in a formal
equality way. The Code of Practice on
ii The GED does not apply to the Houses of Parliament or the decisions of the courts.
iii Letter from the WRC to the Gender Duty Team, Women and Equality Unit, Department for Trade and
Industry, dated 20th January 2006, available at www.wrc.org.uk
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implementing the GED states that public
authorities may, in certain circumstances
‘…wish to address gender inequality by
developing policies or providing services on
a single-sex basis. This might mean
providing services to one sex only, providing
a similar service separately to each sex or
providing a service in different ways to
women and men. This could be an
appropriate and sometimes even a necessary
way of complying with the gender equality
duty if evidence shows that single-sex
approaches are needed to allow both women
and men to access public services equally or
in order to deliver equality of outcomes. The
most common examples of this in practice
are rape crisis centres or refuges for women
who are victims of domestic violence.’
(Paragraph 2.57) iv
This means that the GED will not make it
unlawful to provide single-sex services if you
can show that women-only services are
necessary under the Sex Discrimination Act
1975, such as where there is a clear need to
preserve decency or privacy, for example a
women’s refuge.
What role is there for women’s
organisations?
There are a number of roles for women’s
organisations in the development and
monitoring of the GED, particularly in relation
to the specific duties. You may have been
consulted in the drafting of their gender
equality scheme. If you were not consulted,
you may want to contact the public authority
in question and ask about their consultation
process. You can also find out about the
review process your public authority will be
using and how you can be a part of this
process. All existing and new policies and
services need to be assessed for how they
affect men and women’s equality (gender
impact assessment). Women’s groups may
want to find out about how a public authority
will be conducting gender impact
assessments and how they can get involved.
This may be particularly important when
considering how a public authority is
distributing funding for services, for example
funding for women-only rape crisis services.
Women’s groups can assess how they think
the GED is being implemented and can raise
concerns with the public authority in
question. Concerns can also be raised with
the agency responsible for inspecting the
public body in question, such as Her
Majesty’s Crown Prosecution Service
Inspectorate in relation to the way the Crown
Prosecution Service is implementing the
GED. In addition concerns can be raised with
the EOC, the national body responsible for
enforcing the duty (this will become the
responsibility of the Commission on Equality
and Human Rights v when it is established
later this year).
Further information about the GED can be
found on the EOC’s website: www.eoc.org.uk
Rights of Women in
Argentina:
Information is power
We recently received an invitation from a
women’s organisation in Argentina,
Fundación Mujeres en Igualdad (the Women
in Equality Foundation), to speak at their
national seminar on gender and access to
information. Funded by the British Council in
Argentina, our Senior Legal Officer, Emma
Scott, travelled to Buenos Aires for a week.
During the three day seminar, attended by
about 100 women from organisations
10
iv The Code of Practice is available from the Equal Opportunities website: www.eoc.org.uk
v Commission on Equality and Human Rights website: www.cehr.org.uk

focus on women no.7 8/6/07 17:49 Page 11
throughout
Argentina, Emma
spoke about
women’s access
to information and
justice in England
and Wales. She
shared our
experiences of the
struggles that
women here face
in accessing
accurate and
understandable
information on
their legal rights
and the role that
we play in educating, informing and
empowering women to access their legal
rights. She spoke about the importance of
making women aware of their right to access
information to enable them to challenge their
national or local governments on issues
affecting them and their families. Other
speakers, including a Member of Parliament
and a senior woman judge, talked about the
work being done with women in Argentina to
encourage them to use public information to
improve their own situations.
Emma told the seminar “Women across the
world continue to experience discrimination
in many areas of their lives. They face many
barriers to accessing information and
services and therefore access to information
and their legal rights is a very important tool
in enabling them not only to access key
information about the various organisations
they come into contact with and holding
them to account. Being able to access
information about issues such as education,
health care and protection from domestic
and sexual violence is vital to enable women
to challenge the law, policy and service
provision.”
Emma spoke of the role that women’s
organisations have to play in enabling
women to access
information and
their legal rights
and to improve
the situations of
the women they
work with. For
example, Emma
talked about
women’s
organisations here
using our
Freedom of
Information Act
2000 to access
information about
how a local
authority is spending its budget, ensuring
that it is held to its promises to provide
adequate protection to women experiencing
domestic violence in their area.
Also during her visit, Emma met with a
number of women’s and voluntary sector
organisations working to improve access to
the law and to information throughout
Argentina. “The issues affecting women in
Argentina are not so different from those
affecting women in England and Wales”,
Emma comments. “In a country where
democracy is still very new and in a country
so vast with its recent economic problems, it
was really inspiring to meet so many
organisations working together to improve
the quality of and access to information and
the law for all women in Argentina. There
are, of course, issues that still need to be
addressed for women in Argentina. Abortion
remains illegal and the country does not
have adequate refuges for women
experiencing domestic violence. But there
was a real commitment, not only amongst
the voluntary organisations but also from
those in positions of power, to keeping
gender on the political agenda and to
improving the situation of women in
Argentina.”
11

focus on women no.7 8/6/07 17:49 Page 12
Consultations
A significant amount of our policy work relates to responding to consultation papers from
the Government and other bodies. Through our engagement in the consultation process,
we aim to ensure that women’s voices are heard at every stage of policy formation.
Our recent consultation responses are available online (www.rightsofwomen.org.uk) and
include:
■ Rights of Women Consultation Response to the Legal Services Commission – Legal
Aid Reform: Family and Family Mediation Fee Schemes
■ Rights of Women Consultation Response: A New System for Child Maintenance
■ Rights of Women Consultation Response: Forced Marriage (Civil Protection) Bill 2006
Rights of Women’s policy work in 2007 has included a significant amount of lobbying
and campaigning. We have been particularly active on the Forced Marriage (Civil
Protection) Bill, which is currently in the House of Lords. We, along with other activists,
received a letter from Tony Blair acknowledging our work in this area, which can be seen
on www.number-10.gov.uk/output/page11504.asp. See ‘Creating Protection: the Forced
Marriage Bill’ in this edition of <strong>Focus</strong> on Women for more information.
Updates
Abortion
Following the defeat of her Ten Minute Rule
Bill in October 2006, Nadine Dorries, MP, has
placed a new Bill before Parliament (see
Edition 6 <strong>Focus</strong> on Women for information of
the 2006 Bill). The new Termination of
Pregnancy Bill is more restrictive, asking for
the time limit for abortion to be reduced from
24 weeks to 20 weeks and a mandatory 7
day delay in service provision. The Bill was
due for its second reading on 23rd March
2007 but has since been pushed back to
19th October 2007. However, just before
going to print, Rights of Women learnt that
Ann Winterton, MP, will be tabling a different
Ten Minute Rule Bill on 5th June 2007. This
Bill seeks to impose mandatory counselling
on women seeking an abortion. For more
information please contact Abortion Rights
www.abortionrights.org.uk
In the USA, on 18th April 2007, the Supreme
Court, in the case of Gonzales v. Carhart,
worryingly upheld a ban on most women’s
right to an abortion after 12 weeks. Also,
contrary to the ruling of the Supreme Court
in Roe v. Wade in 1973, which held that a
woman’s right to an abortion was
constitutionally protected, the 2007 decision
bans the use of the ‘dilation and extraction’
method or ‘partial-birth abortion’ which is
used in a minority of cases. There is concern
that the judgment could potentially pave the
way for a surge in federal and state laws
calling for an all out ban on abortions.
On a more positive note, Rights of Women
welcomes the legalisation of abortions in the
first 12 weeks of pregnancy by Mexico City
lawmakers, despite extreme religious
opposition. By an overwhelming majority of
46 to 19, with one abstention, the new law
will provide free abortions at Government
clinics to all women.
12

focus on women no.7 8/6/07 17:49 Page 13
Sexual Orientation Regulations
In the last issue of <strong>Focus</strong> on Women, we
reported that the implementation of
regulations banning sexual orientation
discrimination in the provision of goods,
facilities and services had been delayed due
to opposition from several Government
ministers and from religious organisations
seeking exemptions, particularly in the
provision of adoption and fostering services.
Implementation was delayed until April 2007.
Rights of Women welcomes the Government’s
decision not to provide exemption for
religious organisations providing publicly
funded services. Religious adoption and
fostering agencies will have a transition period
until the end of 2008 to implement the new
regulations. In addition, the Government has
provided an exemption for public sector
services specifically for lesbian, gay and
bisexual service users. The regulations came
into effect on 30th April 2007.
Trafficking Convention
On 23rd March 2007 the Government signed
the Council of Europe Convention on Action
Against Trafficking in Human Beings. The
convention provides for minimum standards
of protection for victims of trafficking
including a 30 day ‘reflection period’ during
which they will have access to free medical
assistance, safe housing and legal support
along with temporary residence permits for
those who may be in danger if returned to
their country. Coinciding with the bicentenary
of the abolition of the slave trade, Home
Secretary John Reid stated that the signing
of the convention was needed to end the
‘appalling modern-day slavery we see in
human trafficking.’ It is imperative that the
Government ratifies the Convention, as to
date, it has only received 7 of the required 10
ratifications for it to come into force. In
addition, the Home Office, in collaboration
with the Scottish Executive, has developed
an action plan to reduce all forms of human
trafficking which calls for increased
collaboration between government and other
agencies in identifying gaps, increasing
transparency and providing a platform to
develop a more ‘strategic and holistic
approach’ to tackling human trafficking. A
copy of the action plan can be downloaded
from the Home Office website
www.homeoffice.gov.uk. A copy of the
Convention is available at www.coe.int/t/
DG2/TRAFFICKING/campaign/default_en.asp
NEW Information Sheet:
Domestic violence, housing and homelessness
All information sheets are FREE and available by contacting Rights of Women on
020 7251 6575/76 or can be downloaded from our website www.rightsofwomen.org.uk
13

focus on women no.7 8/6/07 17:49 Page 14
The Noticeboard
New Rights of Women Conference
Rights of Women will be holding an exciting new full day conference for women examining the
law and legal rights and remedies available to Black and Minority Ethnic or Refugee (BMER)
women experiencing violence. This focus is not be about singling out certain communities, but
about recognising that BMER women experiencing violence are a specific group that have
been marginalised and often denied access to justice.
There will be a number of prominent speakers and stimulating workshops. This conference will
be of particular interest to women’s organisations involved in policy and/or service provision,
voluntary sector advice and support organisations, policy makers, social and healthcare
practitioners, trade unions, Government agencies, the police, statutory sector bodies and
practitioners.
This conference accompanies Rights of Women’s latest handbook on the law and legal rights
and remedies available to Black and Minority Ethnic women experiencing violence (see below).
This handbook will be launched at the conference.
The conference will be held in London in September 2007, further details will soon be
available on our website www.rightsofwomen.org.uk. If you would like to be contacted
with further information about the conference, please email us at info@row.org.uk stating
your name, organisation and contact details (including a postal address).
14
New Rights of Women Book
Rights of Women will be launching an exciting new publication on the law and legal rights and
remedies available to Black and Minority Women or Refugee (BMER) women experiencing
violence. This unique and accessible handbook will cover issues including human rights, the
violence against women framework, matrimonial and family law, immigration, asylum, domestic
violence, honour crimes, forced marriage, trafficking and female genital mutilation.
This informative handbook makes the law transparent, accessible and user-friendly, giving
service providers, individuals, and others, the knowledge and skills to enable women to access
justice.
This handbook will be launched at Rights of Women’s exciting new conference (see
above) for women examining the law and legal rights and remedies available to BMER
women experiencing violence. If you would like to be contacted with further information
about the launch of the handbook, including an order form, email us at info@row.org.uk
stating your contact details (including a postal address).

focus on women no.7 8/6/07 17:49 Page 15
Rights of Women Outreach Training
Programme
Through training we enable agencies and organisations to support women and ensure their
rights are effectively protected.
Rights of Women is offering two exciting new training courses across England and
Wales during 2007:
■
■
Black and Minority Ethnic Women and Violence: This course examines the legal rights
and remedies available to BME women experiencing violence and addresses issues such as
forced marriage, trafficking, female genital mutilation and problems with asylum and
immigration.
Domestic Violence and the Law – Updated: This course provides an update on changes
introduced by the Domestic Violence, Crime and Victims Act 2004. It examines the
protection provided to women through civil remedies such as non molestation and
occupation orders.
The National Training Programme sessions will be
June: Middlesbrough and Birmingham
September: Manchester and Leeds
London Courses
Due to popular demand Rights of Women is re-running the following two exciting new training
courses in London:
■ 10 July 2007
Sexual violence and the criminal justice system: This course provides a practical
overview of the law on sexual violence and the criminal justice system. It looks at recent
changes to the law, police procedure, courts proceedings and sentencing and complaints
and compensation, as well as how to support a survivor through the criminal justice system.
■ 6 September 2007
Immigration law– protecting women from violence and securing their position in the
UK: This course provides an update on changes introduced by the Domestic Violence,
Crime and Victims Act 2004. It examines the protection provided to women through civil
remedies such as non molestation and occupation orders.
For more information about the training courses visit the Rights of Women website
www.rightsofwomen.org.ukor contact the Rights of Women Training Officer on 020 7251
6575/6 or training@row.org.uk
15

focus on women no.7 8/6/07 17:49 Page 16
New Publications
From A to Z: A woman’s guide to the law
This unique and accessible guide provides women with information on an extensive
range of legal topics, from Abduction to Zero Tolerance. This A to Z covers different
areas of law including asylum and immigration law; criminal law; discrimination and
employment law; the English legal system; family law; housing; human rights law; and
welfare and consumer rights.
This handbook recently received a 5/5 rating from www.communitycare.co.uk – the
website for social work and care professionals – and the Women’s Resource Centre has
said it is a “must-have book for all women and for organisations who support women…it
is highly readable and interesting. It does exactly what it says on the tin, and does it very
well.’
To view the table of contents and an example section visit the Rights of Women website
www.rightsofwomen.org.uk and click on the “What’s New” section. From A to Z: A
woman’s guide to the law is essential reading for all women, and those organisations that
provide support, advice and advocacy for women.
Rights of Women’s Child Contact Handbook Updated
By Alison Burt and Julia Thackray
This revised edition of Rights of Women’s Child Contact Handbook has been
substantially updated to include all relevant changes to the law introduced by the
Adoption and Children Act 2004 and recent changes to CAFCASS.
This extensive, detailed and accessible handbook guides women through the law and
procedure in relation to child contact. It is essential reading for all women dealing with
child contact issues and for professionals who offer advice and support to women on
relationship breakdown.
For more information on all our publications, including order forms, please visit our
website, www.rightsofwomen.org.uk or contact us on 020 7251 6575/76 or
info@row.org.uk
This newsletter is published by Rights of Women, 52-54 Featherstone Street, London EC1Y 8RT.
Telephone: 020 7251 6575/6 Fax: 020 7490 5377 Textphone: 020 7490 2562
Email: info@row.org.uk
© Rights of Women. All rights reserved. No part of this publication may be reproduced or
stored in a retrieval system or transmitted in any form by any means, without
the permission of Rights of Women. Permission is provided to
download this publication from our website.
www.rightsofwomen.org.uk
Industrial and Provident Society: 23221R