Domestic Violence in Moldova - The Advocates for Human Rights

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Evidence indicates that despite the prevalence of domestic violence, thegovernment does not respond adequately to the problem. Police take insufficient steps toaddress the problem of domestic violence; they generally do not make arrests nor do theyroutinely attempt to remove the perpetrator of the assault from the home. There is noconsistent procedure to deal with abuse in the family. The Armenian government has notcreated a criminal justice system that provides adequate security to women who arebeaten by their husbands or intimate partners. By failing to protect women from privateperpetrators of violence, Armenia has failed to adhere to its obligations under theUniversal Declaration of Human Rights and the International Covenant of Civil andPolitical Rights.International human rights law provides individuals with the right to an effectivejudicial remedy when their human rights are violated. For example, the UniversalDeclaration of Human Rights (Article 8) and the International Covenant on Civil andPolitical Rights (Article 2) guarantee that states shall provide an effective and adequateremedy for acts violating fundamental rights guaranteed by constitution or by law. Whenwomen in Armenia are unable to obtain appropriate redress for acts of domestic violence,they are being denied their right to an effective remedy for human rights violations.As set forth in detail above, the Armenian legal system does not provide anadequate remedy for the denial of women’s fundamental rights to be free from violence.Women receive little government support at any stage of the legal process. The police donot have a specific procedure to deal with perpetrators of domestic violence, andtherefore abusers are rarely arrested and often are not even removed from the home. Thepolice dissuade women from pursuing legal remedies against their abusers, often becausethey view domestic violence as a problem to be solved within the home. As a whole, thelegal system focuses on persuading the victims of domestic assault to reconcile with theirspouses rather than on effective prosecution of the abusers.Even when a woman successfully prosecutes a complaint, the system does notprotect her from further abuse. Men rarely serve jail time if they are convicted and areoften punished by a fine or a reprimand. The courts rarely force a man who has assaultedhis partner to leave the family home, and economic problems and housing shortagespreclude many women from seeking alternate living arrangements. The government’sfailure to provide women with effective recourse against their violent husbands, eitherthrough the Armenian legal system or through alternative state-sponsored programs,leaves women at serious risk of experiencing continued violence. The legal system’sfailure to protect women from domestic violence and to punish perpetrators violatesArmenia’s obligation under the International Covenant on Civil and Political Rights toprovide an adequate remedy for the violation of a woman’s fundamental human rights.Both the Women’s Convention and the Declaration on the Elimination ofViolence Against Women forbid discrimination against women. The Committee on theDorothy Thomas and Michele Beasley, Domestic Violence as a Human Rights Issue, 15 HUM. RTS. Q. 36(1993).Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 43
Elimination of Discrimination against Women (“CEDAW”) in its GeneralRecommendation 19 has further explained that violence against women constitutesdiscrimination and “. . . seriously inhibits women’s ability to enjoy rights and freedomson a basis of equality with men.” 239 General Recommendation 12 recommends that allparties to the Convention report to CEDAW on the existence of support services forvictims of family violence, relevant legislation, statistical data and measures adopted toeradicate violence against women in the family. 240The Declaration on the Elimination of Violence Against Women includes explicitdirections to member countries to “. . . not invoke any custom, tradition or religiousconsideration to avoid their obligations with respect to its elimination.” 241 TheDeclaration sets forth specific steps a member state should take in combating domesticviolence. These steps include:1. investigating and punishing acts of domestic violence;2. developing comprehensive legal, political, administrative and cultural programs toprevent violence against women;3. providing training to law enforcement officials; and4. promoting research and collecting statistics relating to the prevalence of domesticviolence.Article 4(g) of the Declaration directs that states work to ensure that womensubjected to violence and their children receive “specialized assistance, health and socialservices, facilities and programs as well as support structures, and should take all otherappropriate measures to promote their safety and physical and psychologicalrehabilitation.” 242The provisions of the Women’s Convention and the Declaration on theElimination of Violence Against Women are strengthened and reinforced in the BeijingPlatform for Action. Through a series of recommended actions, the Platform for Actionsets forth a strategy for governments to address the problem of violence againstwomen. 243The Armenian government is not in compliance with the Women’s Convention orthe Declaration on the Elimination of Violence Against Women. The government ofArmenia, furthermore, fails to meet many of the international standards outlined in theseinstruments. As discussed above, crimes of domestic assault are often not adequately239 U.N. Doc. A/47/38 (1992).240 U.N. Doc. A/44/38 (1989).241 G.A. Res. 48/104 (1993).242 Id.243 Beijing Platform for Action, U.N. Doc. A/Conf.177/20 (1995).Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 44
Page 1 and 2: Domestic Violencein ArmeniaDecember
Page 3 and 4: Copyright © 2000 by Minnesota Advo
Page 5 and 6: ACKNOWLEDGMENTSThis report was writ
Page 7 and 8: of its citizens from human rights a
Page 9 and 10: degrading treatment as guaranteed i
Page 11 and 12: 10. The Armenian government should
Page 13 and 14: Armenia’s relationship with Turke
Page 15 and 16: punishment for murder replaced the
Page 17 and 18: population earns a monthly income o
Page 19 and 20: two children from a previous marria
Page 21 and 22: higher than the number of calls the
Page 23 and 24: from the counter and stabbed the ma
Page 25 and 26: an element of physical or psycholog
Page 27 and 28: A police representative stated that
Page 29 and 30: face problems in a country with spo
Page 31 and 32: Many people, particularly governmen
Page 33 and 34: outside employment have become like
Page 35 and 36: violent acts that result in physica
Page 37 and 38: 2. ProcedureDomestic abuse may come
Page 39 and 40: in prison for giving his wife a bla
Page 41 and 42: which a woman’s sentence was redu
Page 43 and 44: investigator can decide under which
Page 45 and 46: Where children or property issues a
Page 47: the few remedies for domestic viole
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Domestic Violence in Moldova - The Advocates for Human Rights

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