Saturday, April 7, 2012

What is Gender Based Violence?

By: Maria Theresa Maan Bešić
Žene Ženama, Sarajevo BiH, April 2012

What is Gender Based Violence? Practical Experience in Bosnia and Herzegovina

Introduction
Violence against women is a persistent and universal problem occurring in every culture and social group. Around the world, at least one in every three women has been beaten, coerced into sex, or otherwise abused in her lifetime – most often by someone she knows, including a member of her own family, an employer or a co-worker.

Violence against women has been called “the most pervasive yet least recognized human rights abuse in the world.” Accordingly, the Second World Conference on Human Rights in Vienna in 1993 and the Fourth World Conference on Women in 1994 gave priority to this issue, which jeopardizes women’s lives, bodies, psychological integrity and freedom. Violence against women is often known as ‘gender-based’ violence because it partly stems from women’s subordinate status in society.

Topics: During this session we will examine the meanings of the concept ‘gender-based’ violence, 1.What types of violence are considered gender-based
2.Where gender-based violence occurs,
3.Who are its main victims and perpetrators
4.We will also explore gender-based violence as a violation of women’s human’s rights
5.Gender based violence in practice, Bosnia and Herzegovina

Learning Objectives: At the end of this session, participants will be able to:
•Define gender-based violence.
•Identify different types and sites of gender-based violence, its main victims and perpetrators.
•Discuss what gender-based violence is and why it is a violation of women’s human rights.
•Analyze gender-based violence from the women’s human rights perspective.

Topic 1: Gender-Based Violence: Definitions
What does the phrase ‘gender-based violence’ mean to you?
What acts do you qualify as ‘violence’?

1. Gender Based violence concepts:
Article 1 of the UN Declaration on the Elimination of Violence against Women (DEVW), proclaimed by the UN General Assembly in its resolution 48/104 of 20 December 1993, defines the term “violence against women” as: “Any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life (Unesco 1999 p.53)

” Strategy for prevention and combat against domestic violence in Bosnia and Herzegovina for period of 2009 – 2011

“Gender-based Violence is any act that results in physical, psychological, sexual or economic harm or suffering, including threats of such acts which seriously constrain persons to enjoy their rights and freedoms on the basis of gender equality, whether occurring in public or in private life, including trafficking for forced labour purposes and restriction or arbitrary deprivation of liberty, including rape, beating, sexual harassment, incest and pedophilia.”

Gender-based violence is violence against women based on women’s subordinate status in society. It includes any act or threat by men or male dominated institutions that inflict physical, sexual, or psychological harm on a woman or girl because of their gender. In most cultures, traditional beliefs, norms and social institutions legitimize and therefore perpetuate violence against women.

Gender-based violence includes physical, sexual and psychological violence such as domestic violence; sexual abuse, including rape and sexual abuse of children by family members; forced pregnancy; sexual slavery; traditional practices harmful to women, such as honor killings, burning or acid throwing, female genital mutilation, dowry-related violence; violence in armed conflict, such as murder and rape; and emotional abuse, such as coercion and abusive language. Trafficking of women and girls for prostitution, forced marriage, sexual harassment and intimidation at work are additional examples of violence against women.

Gender violence occurs in both the ‘public’ and ‘private’ spheres. Such violence not only occurs in the family and in the general community, but is sometimes also perpetuated by the state through policies or the actions of agents of the state such as the police, military or immigration authorities. Gender-based violence happens in all societies, across all social classes, with women particularly at risk from men they know.

2. The major types of violence occur in the family, community/society, and the ones perpetrated or condoned by the state.
Types of Gender-Based Violence Sites of Gender-Based Violence
Overt physical abuse (includes battering, sexual assault, at home or in the workplace)
Psychological abuse (includes deprivation of liberty, forced marriage, sexual harassment, at home or in the workplace)
Deprivation of resources needed for physical and psychological well-being (including health care, nutrition, education, means of livelihood)
Treatment of women as commodities (includes trafficking in women and girls for sexual exploitation) Family
is one of the primary sites of gender violence.
prepares its members for social life, forms gender stereotypes and perceptions of division of labor between the sexes.
is the arena where physical abuses (spousal battering, sexual assault, sexual abuse) and/or psychological abuses occur. (Domestic violence can also take such forms as confinement, forced marriage of woman arranged by her family without her consent, threats, insults and neglect; overt control of a woman’s sexuality through either forced pregnancy or forced abortion.)
because violence within the family and household takes place in the home, it is often seen as a ‘private’ issue and information about it is lacking. Community/Society
as a group sharing common social, cultural, religious or ethnic belonging, it perpetuates existing family structure and power inequalities in family and society.
justifies the behavior of male abusers aimed at establishing control over women in the family, and supports harmful traditional practices such as battering and corporal punishment.
workplace can also be a site of violence. Either in governmental service or in a business company, women are vulnerable to sexual aggression (harassment, intimidation) and commercialized violence (trafficking for sexual exploitation).

State
legitimizes power inequalities in family and society and perpetuates gender-based violence through enactment of discriminatory laws and policies or through the discriminatory application of the law.
is responsible for tolerance of gender violence on an unofficial level (i.e. in the family and in the community).
To the extent that it is the State’s recognized role to sanction certain norms that protect individual life and dignity and maintain collective peace, it is the State’s obligation to develop and implement measures that redress gender violence. Source: Prevention of Domestic Violence and Trafficking in Human Beings, Training Manual, Winrock International, Kyiv, Ukraine, 2001, available at http://www.winrock.org/GENERAL/Publications/Dos_manual.pdf.

3. Gender based Violence occurs:
The primary inequality that gives rise to gender-based violence is the power inequality between women and men.
The majority of perpetrators of gender-based violence are men. However, despite the fact that no society is free from it, male violence against women varies in degree and intensity according to the specific circumstances. Many men choose to reject dominant stereotypes of violent, controlling masculinity.
Some types of violence against women are perpetrated by women. Some authors (e.g. Francine Pickup, in Ending Violence Against Women: A Challenge for Development and Humanitarian Work, Oxfam GB 2001) point out that oftentimes, women commit violence as a way to ensure their own survival and security within a social, economic, and political context that is shaped and dominated by men. For example in some societies, older women may display violent behavior towards their daughters-in-law. Race and class may also interact to cause violence against women, when these are the factors increasing women’s vulnerability. Upper-class women who are socially and materially dependent on their husbands may use violence against their domestic workers to protect and assert their position as wives.
Gender-based violence should not be viewed as a ‘woman’s concern’. It is both a cause and consequence of gender perceptions. The use of the term ‘gender-based violence’ provides a new context in which to examine and understand the phenomenon of violence against women. It shifts the focus from women as victims to gender and the unequal power relationships between women and men created and maintained by gender stereotypes as the basic underlying cause of violence against women (Source: UNIFEM Gender Fact Sheet No., available at http://www.unifem-eseasia.org/Gendiss/downloads/UNIFEMSheet5.pdf).

Let us explore what a gender perspective on violence is. Gender perspective on violence A gender perspective:
distinguishes between the terms “sex” (biological distinctions) and “gender” – the different roles, attributes and conduct that society deems socially appropriate for men and women;
refers to the relative status and position of men and women, and women’s greater disadvantage in most societies;
recognizes that women’s less valued roles marginalize them from ownership and control over material (land, income) and non-material resources (political participation, time);
considers the interaction between gender and the other social categories such as class, race and ethnicity; and
holds that as gender inequities are socially conditioned, they can be changed at an individual and societal level in the direction of justice, equity, and partnership between men and women. A gender perspective on violence against women achieves change by:
acknowledging gender-based violence;
addressing the similarities and differences in the violence experience by women and men in relation to vulnerabilities, violations and consequences; and
addressing the differential impacts of policies on men and women.
Source: Trafficking in Persons: A Gender Rights Perspective, UNIFEM Briefing Kit, October 2002, available at http://www.unifem-eseasia.org/Resources/Traffick2.html
Justifications for violence frequently evolve from gender norms – that is, social norms about the proper roles and responsibilities of men and women. What qualities are considered “male” or “female”? Masculinity is often associated with characteristics such as aggressiveness, competitiveness, dominance, strength, courage and control. Femininity is, on the other hand, associated with weakness, gentleness, tolerance, passivity and emotion. These characteristics result from a combination of biological, cultural and social influences and relate to our understanding of power in society as a whole.

Topic 2: Gender-Based Violence: A Human Rights Violation
1.Gender-based violence as a violation of women’s human rights, emphasizing the following concepts:
The conceptualization of violence against women and girls as a violation of human rights was one of the achievements of the women’s movement during the Second World Conference on Human Rights in Vienna in 1993. In March of the following year, the United Nations Commission on Human Rights set forth a resolution that integrated women’s rights within the mechanisms assuring protection of human rights. In answer to the request of women’s organizations at the Vienna conference, this Commission also named a Special Rapporteur on Violence Against Women. The Special Rapporteur's mission is to receive and investigate information on situations of gender-based violence throughout the world.
Also in 1993, the UN General Assembly adopted the Declaration on the Elimination of Violence Against Women (DEVAW), which is currently one of the main international documents addressing the problem of gender-based violence. In DEVAW, the UN offered the first official definition of gender-based violence. In the remaining time we will explore the definition of gender-based violence found in the DEVAW.

2.UN Declaration on the Elimination of Violence Against Women following the questions below:
What definition of the term “violence against women” is given in the Declaration?
What is the main cause for violence against women as identified in the Declaration?
What types of violence are underlined and what specific violence acts are enumerated in the Declaration? What major sites of violence against women does the Declaration define?
The historic significance of the Declaration lies in the identification of practical measures needed to combat gender violence. Precisely what actions does the Declaration recommend to the States? Declaration on the Elimination of Violence Against Women In English, available at http://www.un.org/documents/ga/res/48/a48r104.htm
The Declaration was the first international document which defined violence against women within a broader gender-based framework and identified the family, the community and the state as major sites of gender-based violence.
The Declaration’s basic assertion is that violence against women arises from historic inequality between men and women that results in the domination of men over women and causes gender discrimination. It emphasizes that violence is one of the crucial social mechanisms “…by which women are forced into a subordinate position compared with men.”
Since the adoption of the Declaration, international law can be interpreted to define gender-based violence as a human rights violation.
The historic significance of the Declaration lies in the identification of practical measures needed to combat gender-based violence. The Declaration reflects growing international concern about the problem and calls on States to develop national action plans to promote the protection of women against any form of violence, create effective legislative remedies to eliminate such violence, review and reform legislation and law enforcement policies to ensure proper protection of women’s rights. Furthermore, the Declaration recommends that States adopt measures in the field of education to modify “…the social and cultural patterns of conduct of men and women and to eliminate prejudices, customary practices and all other practices based on the idea of the inferiority or superiority of either of the sexes and on stereotyped roles for men and women.”
Finally, it is of great importance for both law enforcement agencies and NGOs that the Declaration states clearly that violence against women constitutes a violation of women’s fundamental rights and freedoms. Thus gender-based violence is incompatible with the values of a democratic state and the rule of law.

Topic 3: Facts and statistics on gender-based violence in Bosnia and Herzegovina and worldwide Statistical data on gender-based violence including sample global, regional and national facts.
Facts About Gender-Based Violence – Bosnia and Herzegovina

Some forms of State-violence are added in the text of the Beijing Declaration (1995) as a result of the terrible experiences with massive rapes in former Yugoslavia, Rwanda and Somalia and the reports of atrocious cases resulting from the population control policies in countries like China and Colombia (ref.) These are: Murder, systematic rape, sexual slavery and forced pregnancy in situations of armed conflict (Yugoslavia, Rwanda, Indonesia, Somalia, Sierra Leone), forced maternity (Bosnia), forced sterilization, forced abortion, coercive/forced use of contraceptives, female infanticide and prenatal sex selection (China, Colombia, Guatemala). (HRIC 1995, 1995 Chen 1999). Situation and analysis of gender based violence – domestic and family violence in Bosnia and Herzegovina Violence in the family against women is present in all social systems no matter of their political or economical establishment, welfare of the society, race or culture. From the birth till the death women do face discrimination and violence. In BiH great proportion of women faces the problem of domestic violence. Our society has been built on deep patriarchal grounds so that women victims of the violence do not enjoy support of the society and face many prejudices.

Serious studies on domestic violence in BiH have started since 1996. Accepting the fact that family can be extremely violent environment, where basic human rights of family members are violated, is very slow and painful and is additionally hampered by traditional attitude that problems occurred between family members should be resolved exclusively within the family. It is very hard to establish the scope of presence of domestic violence in BiH. Basic reasons for that lays within the hidden nature of the problem, failure to report domestic violence, nonexistence of single data records and treating a problem of domestic violence exclusively as a “private problem”.

Domestic violence is any form of physical, sexual, psychological (emotional) or economic harm that puts at risk security of a family member, permanent or temporary partners and/or use of physical or emotional force, or threat with physical force, including sexual violence in the family or within household. It includes molesting the children, incest, hitting the spouse, sexual or any other form of molesting of the family member.

According to the Law on protection from domestic violence in FBiH and Law on protection from domestic violence in RS, the following actions are understood as domestic violence: Domestic violence shall be any act of inflicting physical, psychological, sexual or economic harm or suffering, as well as threats as regards the aforementioned, and lack of due care and attention which may seriously impede family members from enjoying their rights and freedoms in all areas of public and private life which are based on equality.

Acts of domestic violence, in terms of paragraph 1 above, shall include:
•every use of physical force or physical coercion to the physical or psychological integrity of a family member;
•any act of a family member which may result in the physical, psychological, or financial damage to other member of the family;
•Intimidation, threats or the violation of the dignity of a family member by blackmail or another form of coercion;
•Physical attack of a family member by another family member, irrespective of the fact of whether there was physical injury or not;
•Verbal attack, insult, profanity, name calling and other violent harassment of one family member by another;
•Sexual harassment and harassment of a family member
•Stocking and other related forms of harassment of a family member;
•Damaging and destroying joint property and possessions or attempts thereof;
•Lack of due care, supervision for a family member or failure to assist and protect a family member when bound to do so by law and morality and when such inaction may result in the physical, psychological or socioeconomic endangerment of that family member.
•Isolation and limitation of freedom of movement and communication with other persons 2. International and national legislation 2.1. International documents
•Rights and freedoms defined in European convention, which is integral part of the BiH Constitution for protection of human rights and freedoms, is directly applied in BiH and has supremacy over any other legislation. European Convention provides guaranties to right to life (Article 2), right to freedom from torture, inhuman or degrading treatment (Article 3) and right to freedom and security of the individual (Article 5). Article 14 of the European Convention reads „ the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex”.
•Universal Declaration of Human Rights, which BiH ratified in 1992, is based on principles that provides for any individual human dignity and equal enjoyment of right and basic freedoms regardless of sex, race, color, language, nationality, age, religion, social or political affiliation. •International Covenant on Civil and Political Rights from 1966 stipulates in the Articles 2 and 3 enjoyments of civil and political rights as set forth in the Covenant regardless of gender and stipulates for signatory states an obligation to provide for equal enjoyment of all mentioned civil and political rights regardless of their gender. 1966 International Covenant on Economic, Social and Cultural rights provides for the same provision as guaranteed under International Covenant on Civil And Political Rights.
•Convention on elimination of all forms of discrimination against women, ratified by BiH in 1993, is incorporated in Annex to BiH Constitution, i.e. is on the list of international instruments for protection of human rights. Convention is applied directly and has supremacy over domestic legislation if the legislation in not in the line with Convention. Convention finds different forms of discrimination against women as inadmissible. By incorporation the Convention in the BiH Constitution, Bosnia and Herzegovina has confirmed its determination to provide for women absolute and equal enjoyment of their human rights and freedoms. BiH ratified Optional protocol of the Convention on elimination of all forms of discrimination against women that provides for right to file individual complaint to CEDAW Committee in case of violation of provisions of the Convention. •UN Declaration on elimination of violence against women (A/RES/48/104, 20 December 1993) in detail defines the violence against women and is specific as to actions that should be taken by state in order to eliminate violence that is happening in private sphere.
•UN Security Council Resolution 1325 – Women, peace, security” was adopted by Council of Ministers in 2000. Resolution seeks for inclusion of women at all levels of decision making, perspective of gender in training for law enforcement agencies and military, protection and respect of human rights of women and girls and perspective of gender in reports of general Secretary and missions of United Nations Security Council.
•Beijing Declaration and Platform for Action, adopted on the Fourth World conference of women in Beijing back in 1995, defined the violence as follows: „ means any act of gender based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty in public and private life“. •Council of Europe Recommendation (2002) 5 argues that violence against women is happening in all segments of society and recommends to the governments of member-states to encourage all institutions dealing with violence against women to develop mid-term and long term Action plans that would incorporate activities for prevention of violence and protection of victims. 2.2. National documents
•Constitution of Bosnia and Herzegovina (as Annex 4 of General Framework Agreement for Peace in Bosnia and Herzegovina) by Annex II that deals with human rights and basic freedoms provides for highest level of internationally recognized human rights and basic freedoms. Similar solutions have been offered in Constitutions of FBIH, RS and Brcko District. Exercising rights and freedoms as guaranteed under Constitution or international covenants, which are stated in Annex I of the BiH Constitution, provide for all persons in BiH, without discrimination on any grounds such as gender , race, color, language, religion, political or different opinion, nationality or social background, national minority background, property status, birth or any other status.
•BiH Parliamentary Assembly adopted Law on Gender Equality in Bosnia and Herzegovina (“Official Gazette” no. 16/03) that regulates, promotes and protects gender equality and guaranties equal opportunities to all citizens, both in private and public sphere of life, and prevents direct and indirect gender based discrimination.
•Article 17 of reads: „Any form of gender based violence is forbidden both in private and public life”. This provision in connection with Article 154 of the Law on obligation represents grounds for damage compensation in case of violence, which generally allows for legal protection in case of gender based violence.
•Article 222 of FBiH Criminal Code („Official Gazette” no. 36/03, 37/03, 21/04, 69/04, 18/05) stipulates special incrimination titled „Domestic violence”. Aside the basic forms of this criminal offence for which a fine or imprisonment up to one year is prescribed, there are also graded forms that prescribe fines or imprisonments.
•Article 208 of the RS Criminal Code (“RS Official Gazette”, no. 49/03, 108/04, 37/06 and 70/06) foresees special incrimination titled “Domestic violence”. Aside the basic forms of this criminal offence for which a fine or imprisonment up to two year is prescribed, there are also graded forms that prescribe harsher imprisonments in comparison to basic form of this criminal offence.
•Brcko District Criminal Code (“Official Gazette” of Brcko District BiH” no. 10/03, 45/04 and 06/05). Article 218 of the Law prescribes special incrimination titled “Domestic violence”. Aside the basic forms of this criminal offence for which a fine or imprisonment up to one year is prescribed, there are also graded forms that prescribe fines or imprisonments.
•RS Law on protection from domestic violence („RS Official Gazette”, no 118/05, 17/08) prescribes as basic sanctions fines and protection measures to more effectively protect victims of domestic violence.
•FBiH Law on protection from domestic violence („FBiH Official Gazette”, no 22/05 and 51/06) prescribes as basic sanctions fines and protection measures to more effectively protect victims of domestic violence.
•Article 4 paragraph 1 of the FBiH Family Law („Official Gazette of FBIH”, no 30/05 and 41/05) “forbids violent behavior of spouse or any other member of the family”.
•BiH Parliamentary Assembly on its 19 Session of the House of Representatives as of 2007 and on 11th session of House of Peoples as of 2008 adopted “Resolution on combat against violence against women” (BiH official Gazette” no 15/08). Resolution confirms that any form of violence against women, including also domestic violence, is violation of rights and fundamental freedoms and that it prevents or annuls exercising of those rights and fundamental freedoms. Resolution expresses concern for the lack of progress being made in protection and promotion of those rights and freedoms in all cases of violence against women.
•Gender Action Plan of BiH is strategic document in the area of gender equality adopted on 129th session of the BiH Council of Ministers on 14 September 2006. Gender Action Plan is consisted of 15 areas containing activities, deadlines and authorities whose cooperation is necessary for implementation of the activities as foreseen in the gender Action Plan.

Chapter XI of the Gender Action Plan of BiH is titled “Domestic violence, violence on the grounds of sex, harassment, sexual harassment and trafficking in human beings“ 3. Federation of Bosnia and Herzegovina The Criminal Code of the Federation of Bosnia and Herzegovina regulates domestic violence as a criminal offence. On the basis of data submitted by ten cantonal POs regarding Article 222 of the CC FBiH there were 781 criminal reports filled, 414 indictments raised, 257 final verdicts and 284 ongoing proceedings. In 712 cases women and in 66 cases men were identified as victims.

On the basis of the analysis of data submitted by 26 MCs it is noticeable that these courts have received 399 law suits regarding Article 222 of the CC FBiH, whereby 323 cases have been processed, 177 final judgments issued, 73 first instance judgments issued and 161 ongoing proceedings. On the basis of data submitted by the MoI FBiH, in 2007 there were 1093 criminal reports filled for domestic violence (Article 222 of the CC FBiH) and 647 reports submitted to the competent PO. 3.1. Safe Houses The following are the NGOs in FBiH which run the safe houses: association „Žena BiH“ Mostar, women’s association „Mirjam“ Mostar, association „Žene sa Une“ Bihac, „Fondacija lokalne demokratije“ – Sarajevo, citizen’s association „Medica” Zenica and women’s association „Vive Žene“ Tuzla. In the abovementioned safe houses 265 women victims of domestic violence have been placed in 2007, out of which 41,5% were accommodated in the safe house ran by the Fondacije lokalne demokratije, Sarajevo.

The Government of FBiH has budgeted 200,000 KM for the implementation of the Law on Protection from Domestic Violence. These funds shall be distributed in accordance with the program of the Gender Center of FBiH in the following manner: „Fondacija lokalne demokratije“ Sarajevo (37,500 KM), Association "Žene sa Une" Bihaca 35,000 KM, Prihvatilište za žene I djecu u nevolji "Mirjam" Mostara – 37,500 KM, and 30,000 KM each to associations "Žena BiH" - Mostar, "Medica Zenica" - Zenica and "Vive žene" Tuzla. 3.1.2. SOS telephone The Gender Center of FBiH has established a SOS telephone line number 1265 for assistance to the victims of domestic violence in FBiH. This project has been developed in partnership with SWC Jajce, Fondacija lokalne demokratije, Sarajevo, citizen’s association “Medica” - Zenica, women’s association “Vive Žene” - Tuzla, association “Žena BiH” - Mostar and association “Žene sa Une” - Bihac. The Gender Center of FBiH has made an agreement with all telephone services providers in Bosnia and Herzegovina that these phone calls are free of charge. 3.2. Republika Srpska The Criminal Code of the Republika Srpska regulates domestic violence as a criminal offence. The district POs in RS have submitted data on violation of the CC RS for 2006.

There were no criminal reports filed for violation of Article 162 “Infringement of the Equality of Individuals”. There were 554 cases of violation of Article 208 “domestic violence”, 524 perpetrated by men and 11 perpetrated by women. In 105 cases the victims were men, out of which 84 boys, and 525 female victims, out of which 105 girls. There were 379 indictments raised and 233 verdicts. In 457 cases the suspects were men and in 6 women. There were 297 verdicts against men and 4 against women. In 273 cases the victims were female and in 22 cases male . On the basis of the information provided by the DPOs in RS for 2007 there were 301 cases reported. There were 209 indictments raised and 181 verdicts. There were 5 decisions dismissing the indictment, 5 acquitting verdicts, and 181 guilty verdicts. There were 12 prison sentences imposed, 13 fines and 146 suspended sentences. On the basis of data provided by basic courts of RS for 2006 there were 338 cases regarding Article 208 of the CC RS, and 250 guilty verdicts with 233 suspended sentences. In 2007 total number of cases was 415 and 220 verdicts. The data regarding the Law on Protection from Domestic Violence indicate that 130 cases have been completed in 2007 and in 40 cases protection measures have been imposed. The DCs in RS have processed 2 cases of domestic violence and have pronounced 2 guilty verdicts. With regard to the Law on Protection from Domestic Violence in RS there was one guilty verdict with fine imposed. The Public Security Centers in Banja Luka, Bijeljina, Doboj, Istocno Sarajevo and Trebinje have submitted data for 2006 with 537 cases of domestic violence recorded, out of which 277 perpetrated by men and 12 by women. In 231 cases the victims were female and 39 male.

In 2007 there were 464 cases reported, with men being victims in 121 cases and 445 women victims. Especially worrisome is that in 37 cases victims were boys and in 48 cases girls. 3.2.1. Safe Houses in Republika Srpska There are currently three safe houses in Republika Srpska which are meeting the standards foreseen by the law and bylaws, with the capacity to accommodate 57 persons (Banja Luka: 21, Modrica: 16 and Prijedor: 20). The Strategy for Combating Domestic Violence shall determine future models and capacity to protect victims of domestic violence, having in mind the “7500- 10000 inhabitants, one safe house” requirement set by the recommendation of the CoE.

The funding is regulated by Article 4 of the Law on Protection from Domestic Violence, which foresees that 70% of funding is provided by the entity and 30% by local community. The funds from the municipal/city budget are transferred to the SWC in the place of permanent residence of the victim which further transfers the funds to the safe house in which the victim is placed. The funds from the entity’s budget are transferred to the safe houses directly. The following are the NGOs in RS which run the safe houses: „Buducnost“, Modrica, „Udružene žene“, Banja Luka and „Fondacija za obrazovanje, razvoj i socijalnu zaštitu djece“, Prijedor. At the end of 2003 the Government of RS has approved 70,000 KM from the budget reserves for financing the establishment of the safe house in Banja Luka and in 2004 the „Ženski centar“ Trebinje has received 70,000 KM for purchase of the facility for the safe house in Trebinje. The Ministry of Family, Youth and Sports of RS has donated from its own budget the amounts of 10,000 KM each to citizen’s associations „Buducnost“ Modrica and „Udružene žene“ Banja Luka for the safe houses. From the budget of the Action Plan for Combating Domestic Violence in 2007 and 2008 a grant in the amount of 100,000 KM has been approved for financing safe houses in Banja Luka and Modrica. In 2008 the Government of RS has allocated additional 400,000 KM and these funds were distributed through competent ministries.

The Draft budget of RS for next year foresees 400,000 KM for the safe houses and providing protection of victims of domestic violence in the safe houses. 3.2.2. SOS Telephone Line In June 2005 the Gender Center of RS and four NGOs from RS have signed MoU for establishing a unique SOS telephone line number 1264 for the entire territory of RS. In accordance with the information provided by the following NGOs which run this telephone line: „Udružene žene“ Banja Luka, „Buducnost“ Modrica, women’s organisation „Lara“ Bijeljina and „Ženski centar“ Trebinje, in the first five months of 2005 (from its opening to the end of 2005) there were 1019 calls received regarding domestic violence. In 2006 there were 2657 calls. In 70 cases the victims were male and in 2587 female- in 88% of cases of age between 19 and 60. Two years after its opening there were 1973 calls registered, out of which 1941 by female victims and 32 by male. In the Annex of the MoU from November 2007 the services on this telephone line are also provided by NGO „Fondacija za obrazovanje, razvoj i socijalnu zaštitu djece“ Prijedor. The data on received telephone calls for 2007 indicate that there was an increase in number of calls and that in this year there were 3513 calls, 3456 by female (98%) and 149 by male (2%) victims. 3.3. Brcko District Bosnia and Herzegovina In this period there were 130 cases of domestic violence reported in Brcko District and all have been processed. Other related information: Mechanism in Bosnia and Herzegovina Institutional Mechanism for gender issue Proposed Strategy for Combating Domestic Violence in the RS 2009-2013 Strategy for the Prevention of Domestic Violence for Action Plan of The Federation of Bosnia and Herzegovina for the period 2009 – 2010 Laws and regulations in Bosnia and Herzegovina Annex I of the Constitution The Criminal Code of Bosnia and Herzegovina The Constitution of the Federation The Constitution of the Tuzla Canton The Constitution of the Zenica - Doboj Canton The Law on Gender Equality in BiH Law on Social Protection, Protection of War Victims and Protection of Families with children in Tuzla Canton Law on Protection against Domestic Violence Law on Health Care Federation Law on Health Insurance Federation Law on Minor Offences of the Tuzla Canton International documents UN Declaration on the Elimination of Violence against Women (DEVW) International Document United Nations Security Council - Resolution 1888 (2009) United Nations Security Council - Resolution 1889 (2009) United Nations Security Council - Resolution 1820 (2008) United Nations Security Council - Resolution 1325 (2000) Important documents produced by Non-governmental organisation in BiH Analysis of National Policy of BiH, Medica Zenica, December 2008 Alternative Report on the Implementation of CEDAW and Women’s Human Rights in BIH, Rights for All, Sarajevo and Helsinki Citizens Assembly, Banja Luka & 6 cooperating NGOs (Žene Ženama, Budočnost, LARA, Bijelina, Forum Žena Bratunac, CURE, Udruženje Žene Žene, Banja Luka), October 2010 Summary: Special General Injury Rapporteur on Violence against Women, Its’ causes and consequences. Situation of Women Victims of rape and other forms of sexual violence during the war in Bosnia and Herzegovina. Trial Track impunity always, May 2011

The protecting of against violence - Recommendation no. R (2002) 5 of the Committee of Ministers and Explanatory Memorandum. Centre for Gender Equality and Government of the Republic of Srpska. National Strategy for combating violence against children 2007-2010 Observations on the application of the Law on Protection against Domestic Violence in the practice of responsible institutions, OSCE, July 2009. International Standards on violence against family, Dr Vesna Nicolič Ristanović, Mr Mirjana Dokmanović, June 2005. Facts About Gender-Based Violence Worldwide Around the world, at least one in every three women has been beaten, coerced into sex, or otherwise abused by a man in her lifetime. More than 20% of women are reported to have been abused by men with whom they live. Approximately 60 million women, mostly in Asia, are “missing” – killed by infanticide, selective abortion, deliberate under-nutrition or lack of access to health care. Among women aged 15-44 years, gender-based violence accounts for more death and disability than the combined effects of cancer, malaria, traffic-related injuries and war. Trafficking in women and girls for sexual exploitation by men is most common among poor women and girls. Each year, 2 million girls between ages 5 and 15 are introduced into the commercial sex industry. Women who are victims of domestic violence are 12 times more likely to attempt suicide than those who do not experience such violence.

During war and civil conflict, women and girls are often targeted for special forms of violence by men as a way of attacking the morale of the enemy, both women and men. Such violence often redounds doubly against women, first through the direct experience of violence and its aftermath and secondly through the reactions of their families, particularly the men, to their status as survivors of sexual crime. Based on recent studies, more than 130 million women and girls in Africa, Middle East and Asia, have undergone female genital mutilation and an estimated 2 million girls are at risk for undergoing the procedure each year.

In Canada, the cost of domestic violence amounts to $1.6 billion per year, including medical care and lost productivity. Estimates in the United States place this figure between $10 and $67 billion. Only 1 in 100 battered women in the U.S. reports the abuse she suffers. Every nine seconds, a woman is battered by her domestic partner. A 1998 study found that in the United States 1 out of every 6 women has experienced an attempted or completed rape. Of these women, 22% were under 12 years old and 32% were aged 12-17 at the time of the crime. Studies suggest that one-quarter to one-third of the 170 million women and girls currently living in the European Union are subjected to male violence. In European Union, it is estimated that 45% to 81% of working women experience sexual harassment in the workplace.

In France, 95% of the victims of violence are women, 51% of them are at the hands of their husbands. In Russia, half of all murder victims are women killed by their male partners. In a statement to the Fourth World Conference on Women in Beijing in September 1995, the United Nations Secretary-General, Boutros Boutros-Ghali, said that violence against women is a universal problem that must be universally condemned. But he said that the problem continues to grow. The Secretary-General noted that domestic violence alone is on the increase. Studies in 10 countries, he said, have found that between 17 per cent and 38 per cent of women have suffered physical assaults by a partner. Sources: Council of Europe’s Equality Division, Summary of the Plan of Action to Combat Violence Against Women. Logar, Rosa. 2000. “Male Violence Against Women and Children in Families: A Brief Survey of the Situation in Europe,” presentation for the Women’s World Forum Against Violence, 23-25 November, Valencia, Spain. The Monee Project/UNICEF: 1999. Women in Transition, Regional Monitoring Report No 6. Florence, Italy: UNICEF International Child Development Centre, available at http://www.eurochild.gla.ac.uk/Documents/monee/pdf/MONEE6/monee6.htm Spindel C., Levy E., Connor M., 2000. With an End in Sight: Strategies from the UNIFEM Trust Fund to Eliminate Violence Against Women, UNIFEM. Tjaden, P. and Thoennes, N. 1998. Prevalence, Incidence, and Consequences of Violence Against Women: Findings from the National Violence Against Women Survey. Washington, DC: U.S. Department of Justice, available at http://hivinsite.ucsf.edu/topics/abuse/2098.40a8.html. The Tribune Newsletter No. 46, 1991. United Nations Population Fund (UNFPA). 2000. The State of the World Population 2000. New York: UNFPA, available at http://www.unfpa.org/swp/swpmain.htm. WLP Facts and Figures, Gender Violence, available at http://www.learningpartnership.org/facts/gender.phtml.

Summary and Closing: The following ideas about the changing approach to gender-based violence: 1.There are multiple approaches to gender-based violence (i.e. human rights, health, development) and they are being integrated to address the problem.
2.The topic is no longer merely about the survivors, the women who have been and are abused, but also about those who abuse.
3.The topic now focuses not just on the individual man but also on the concept of masculinity and male culture.
4.The notion of the impact of gender-based violence is expanding from considering the immediate effects on the women to examining the effects on the larger community, family, society.
5.Gender-based violence is not just a ‘women’s issue’, but an issue that concerns all men and not just individual perpetrators.
6.Cultural institutions, beliefs, norms and practices that are often used as an excuse to justify gender-based violence are not static. Women’s rights activists are exploring the ways in which culture can serve as a creative resource for intervention.
Further information: Gender Based Violence – web portal Project: Violence Sop and Prevent it! - FOSI/SOROS Association Žene Ženama http://www.gbv-zene.org http://www.zenezenama.org

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