DOMESTIC VIOLENCE: LAW AND POLICY
Although regional institutions have been paying increased attention
to issues of domestic violence in recent years, many of the legal developments
on domestic violence have taken place through the framework of the
United Nations or within individual national legal systems.
The developments within the United Nations system—in particular,
the drafting and signature of United Nations treaties and documents
recognizing domestic violence as a human rights violation and the extraordinary
work of the Special Rapporteur on Violence Against Women and the Committee
on the Elimination of All Forms of Violence Against Women on the issue—have
been critical to efforts to raise awareness about domestic violence,
articulate state responsibility for domestic violence, and identify
strategies to combat domestic violence. The United Nations, as well
as some national institutions, has also developed a model domestic
violence law that can provide guidance in drafting domestic violence
legislation.
On the national level, as well, significant advancements have been
made through the drafting and passage of domestic violence laws and
the creation of policies and protocols altering law enforcement, judicial,
prosecutorial, or medical response to domestic violence. These laws
and protocols vary considerably; some domestic violence laws, for example,
criminalize domestic assault, others create civil remedies, and yet
others do both. Despite their diversity, these laws can serve as useful
models for new legislative and policy reform efforts. In addition,
the successes and failures of these laws and protocols in other jurisdictions
can be an invaluable resource in the effort to evaluate the appropriateness
of adopting a particular policy or law and to anticipate any unintended
negative effects the law or policy may have on victims of domestic
violence.
Contents:
The International Legal Framework