Legal Protection of Domestic Violence

Table of Contents
Page

Acknowledgement

Abstract

Abbreviations

Introduction

Chapter 1. Nature of Domestic Violence

1.1 Definition of Domestic Violence

1.2 History of Domestic Violence
1.3 Various types of Domestic Violence
1.4 Causes and Effects of Domestic Violence

Chapter 2 . Protection of Domestic Violence under International Legal

Frame

2.1 Convention on the Elimination of All Forms of Discrimination

Against Women (CEDAW), 1979

2.2 Declaration on the Elimination of Violence Against Women,

(DEVAW), 1993

2.3 Violence Against Women Act (VAWA), 1994

2.4 Convention on the Rights of the Child (CRC)

Chapter 3. Law Enforcement and Action for Domestic Violence

3.1 Legal Responses to Domestic Violence in Myanmar

3.2 The Rights of Women in the Constitution

3.3 Provisions under Criminal Law

Conclusion

References
 ABSTRACT

The study is undertaken to determine the prevalence, characteristics, reasons,

protection and legal responses of domestic violence. The main reason is how to protect of
women and children upon by domestic violence in the family and the academic
consequences of domestic violence against women and children. The primary objective
of this study is to investigate into domestic violence against women and its protection on
children. Therefore, This paper investigates how domestic violence relates to violence
against women and children including severe corporal punishment. In the way, it is the
study of the surrounding communities related to domestic violence. Moreover, it is
known by watching news and educational films. This paper states that different types,
possible causes and effects on Intimate Partner Violence and what treatments or
protection are available. Some of the variables of violence against women and children
are known and the need for prevention and plans to take action before their occurrence is
well felt.
. Introduction

Domestic violence is among the most underreported crimes worldwide for both men
and women. Domestic abuse means committing abuse against a domestic victim,
described as adults or minors who are current or former spouses; adults or minors who
live together or have lived together; adults or minors who are dating, have dated, or have
had a sexual relationship; adults or minors related by blood or adoption; adults or minors
who are related or were formerly related by marriage; or adult or minor children of a
person in one of these relationships. Domestic violence is usually used as a synonym for
intimate partner violence. The violence can be physical, sexual, or psychological, with
the primary purpose of controlling, dominating, or hurting another within the
relationship.

Domestic violence arises at all levels of society and in all classes and
communities, regardless of social, economic, or cultural backgrounds. Domestic violence
is a variety of abuse that exists within the home, between family members or couples.
The typical image of domestic violence means an adult male perpetrator and a female
victim, often his wife or girlfriend. However, there are also women perpetrators of
domestic violence, and men are sometimes victims. Domestic violence causes physical
injuries as well as mental health problems, fear, distress and loss of self-confidence. It
causes the feeling of lack of control over one’s body, shame and hopelessness.
Chapter 1. Nature of Domestic Violence

Domestic violence is the willful intimidation, physical assault, sexual assault,

and/or other abusive behavior as part of a systematic pattern of power and control
perpetrated by one intimate partner against another. It includes physical violence, sexual
violence, threats, and emotional or psychological abuse.

Domestic abuse occurs in relationships where one individual holds power over
another and uses that power to harm. It consists of the violation of another person’s
human rights. Essentially, domestic abuse is terrorism. The main objective of abusers is
to dominate and control the other person in an intimate relationship. They are
manipulative and clever, using a wide variety of tactics to gain and maintain control over
their partners. Every relationship is different, and all abusers do not follow the exact same
pattern of abuse, but they do follow a similar pattern using an overarching strategy
known as coercive control. Coercive control refers to a combination of tactics such as
isolation, degradation, micromanagement, manipulation, stalking, physical abuse, sexual
coercion, threats and punishments. Abusers often present themselves publicly as loving
and attentive. They may be charming, successful, well-liked and even romantic. However
over time these behaviors change. The attention they give at first seems supportive and
well intentioned, then it feels isolating and controlling.
6

1.1 Definition of Domestic Violence

Domestic Violence, also called "domestic abuse" or "intimate partner violence",

can be defined as a pattern of behavior in any relationship that is used to gain or maintain
power and control over an intimate partner. Violence is physical, sexual, emotional,
economic or psychological actions or threats of actions that influence another person.
This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt,
humiliate, blame, injure, or wound someone. Domestic violence can happen to anyone of
any race, age, sexual orientation, religion, or gender. It can occur within a range of
relationships including couples who are married, living together or dating.

Domestic violence affects people of all socioeconomic backgrounds and education

levels. Anyone can be a victim of domestic violence, regardless of age, race, gender,
sexual orientation, faith or class. Victims of domestic violence may also include a child
or other relative, or any other household member. Domestic violence is typically
manifested as a pattern of abusive behavior toward an intimate partner in a dating or
family relationship, where the abuser exerts power and control over the victim. Domestic
violence can be mental, physical, economic or sexual in nature. Incidents are rarely
isolated, and usually escalate in frequency and severity. Domestic violence may
culminate in serious physical injury or death.

1.2 History of Domestic Violence

Domestic violence is neither a new nor a localized problem. The myriad forms of
domestic violence can be found all over the world, and evidence of its occurrence can be
found as far back as written history goes. Through the various historical periods and
different societies the world over, there have been many sociolegal precedents that either
blatantly supported domestic violence or failed to condemn it.
7

1. Domestic Violence in Ancient Civilizations

The Code of Hammurabi is the oldest written legal code known to exist. In it are
provisions for disciplining a wife and children by the husband/ father. These provisions
are state-sanctioned rights to privately discipline without intervention by legal authorities.
They included the right of the male head of household to execute his wife and her lover if
she was caught cheating. She could also be drowned in the river for spending too much
money and gadding about. The husband had the ability to sell her and her children into
slavery or bind them into slavery for three years in order to pay his debts. The husband
was also able to terminate the marriage as he chose, but the wife was required to prove
her innocence and his cruelty in order to terminate the marriage. Children were even less
protected. Not only could they be sold or bound out, but they could be executed for
disobedience. Women and children who were bound out for labor to pay the man’s debts
could be held for up to six years.

2. Domestic Violence in Early Roman Society

In early Roman society, a woman was deemed the property of the husband and was
therefore subject to his control. According to early Roman law, a man could beat,
divorce, or murder his wife for offenses committed by her, which besmirched his honor
or threatened his property rights. These were considered private matters and were not
publicly scrutinized. (Violence Against Women 1994).The Catholic Church's
endorsement of "The Rules of Marriage" in the 15th century exhorted the husband to
stand as judge of his wife. He was to beat her with a stick upon her commission of an
offense. According to the "Rules," beating showed a concern for the wife's soul.

1.office on Domestic Violence Against Women/ available online - https://www.justice.gov

8

Women of all ages were no more than chattel to men to do with as they wished.
Their prime value was as housekeepers and breeders. Perhaps the most famous domestic
violence rule, the ‘‘rule of thumb,’’ emerged in connection with English common law.
This rule indicates that a man may beat his wife with a stick, but only if the stick is
smaller in circumference than his thumb. This placed a limit on the violence in the family
where no limits had previously existed. The rule was thus seen as improving the
treatment of women. Although the rule was popular in England and America, it was
never officially codified into law. It remained a court-based interpretation of existing
laws.

3. Domestic Violence in Europe

European societies of the Middle Ages also demonstrated a level of social and
legal acceptance of domestic violence that is now intolerable. Women were denied
education and the ability to participate in political affairs. Marriages were often
arranged between fathers and future husbands without concern for the wishes of the
daughters. Women of all ages were no more than chattel to men to do with as they
wished. Their prime value was as housekeepers and breeders.

Perhaps the most famous domestic violence rule, the ‘‘rule of thumb,’’ emerged
in connection with English common law. This rule indicates that a man may beat his wife
with a stick, but only if the stick is smaller in circumference than his thumb. This placed
a limit on the violence in the family where no limits had previously existed. The rule was
thus seen as improving the treatment of women. Although the rule was popular in
England and America, it was never officially codified into law. It remained a court-based
interpretation of existing laws.

1.2 Various Types of Domestic Violence

Domestic violence involves patterns of behavior that are used to gain and maintain
power and control over an intimate partner. Such abuse often involves romantic partners,
but domestic violence can also affect children, elderly family members, or other relatives.
Domestic abuse is a broad term and involves physical, psychological, financial and
sexual abuse, as well as attempts to manipulate the victim through the use of his or her
children.

2.Worldwide History of Domestic Violence, available online - https://criminal-

justice.iresearchnet.com/types-of-crime/domestic-violence/worldwide-history-of-domestic-violence/
9

1. Physical abuse

Physical abuse is the most visible form of domestic abuse. Physical abuse can
involve direct assaults on the body, including use of weapons, driving dangerously,
destruction of property, abusing pets in front of family members and forced sleep
deprivation.

It includes such behavior as slapping, burning, beating, kicking, biting, stabbing

and can lead to permanent injuries and sometimes death. The perpetrator’s aim is to
intimidate and cause fear. Physical abuse rarely occurs in isolation and perpetrators can
also inflict other types of abuse on victims.

2. Psychological or Emotional Abuse

Psychological abuse, often called emotional abuse, is a form of abuse characterized

by a person subjecting or exposing another person to a behavior that may result in
psychological trauma, including anxiety, chronic depression, or post-traumatic stress
disorder amongst other psychological problems. Emotional abuse occurs when the abuser
tries to obtain control through manipulation and fear tactics that cause extreme damage to
the victim’s self-esteem.

Emotional abuse involves controlling another person by using to criticize,

embarrass, shame, blame, or otherwise manipulate them. While most common in dating
and married relationships, mental or emotional abuse can occur in any relationship
including among friends, family members, and co-workers. It is often associated with
situations of power imbalance in abusive relationships, and may include bullying, gas
lighting, abuse in the workplace, amongst other behaviors that may cause an individual to
feel unsafe.

https://www.findlaw.com/family/domestic-violence/types-of-domestic-violence.html

https://www.healthline.com/health/types-of-domestic-violence
10

3. Sexual Abuse

Sexual abuse is a common form of domestic violence. It includes sexual

assault, rape, and unwanted sexual contact. It also includes instances where an
offender uses alcohol or drugs to induce an intimate partner into sexual activity.
However, sexual abuse can also take the form of harassment, such as unwelcome
touching and other demeaning behaviors. Many victims don't realize how broadly
sexual abuse is interpreted.

Moreover, Sexual abuse is not about sex. It is about power, and includes
any sexual behavior performed without a partner’s consent. Examples include:
Forcing a partner to have sex with other people (human trafficking), Pursuing
sexual activity when the victim is not fully conscious or is afraid to say no,
Hurting partner physically during sex, Coercing partner to have sex without
protection / sabotaging birth control.

4. Financial Abuse

Financial abuse is a type of domestic violence in which an abuser wields

their influence over the economic resources in the relationship as a means to
oppress their victim. This may appear as limiting or denying the victim access to
funds. It may also be found where the victim is kept on an allowance or denied
any say in how finances are dispersed.

https://www.doorwaysva.org/our-work/education-advocacy/the-facts-about-
domestic-violence/types-of-domestic-violence/
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Financial abuse often occurs alongside other family violence. Often, the victim is
completely dependent on the abusive partner for money. With no access to money, the
victim has little means to leave the violence and cannot set up a separate residence. The
abusive partner may withhold money for food, clothing, and more. The abuser may also
take away the victim’s ability to earn money. They might prevent their victim from
working or orchestrate a victim’s loss of employment by sabotaging them at work. They
may go as far as denying the victim access to transportation to work.

1.3 Causes and Effects of Domestic Violence

Domestic violence is a phenomenon that has resulted in many deaths. It's also one of
the leading causes of death worldwide. One of the primary reasons is internal conflicts.
It's the aggressive behavior inside a home involving the abuse of a spouse or even a child.

Causes of Domestic Violence

A strong predictor of domestic violence in adulthood is domestic violence in the

household in which the person was reared. For instance, a child’s exposure to their
father’s abuse of their mother is the strongest risk factor for transmitting domestic
violence from one generation to the next. This cycle of domestic violence is difficult to
break because parents have presented violence as the norm.

Individuals living with domestic violence in their households have learned that
violence and mistreatment are the way to vent anger. Someone resorts to physical
violence because: (1) they have solved their problems in the past with violence, (2) they
have effectively exerted control and power over others through violence, and (3) no one
has stopped them from being violent in the past.

Some immediate causes that can set off about of domestic abuse are: stress, provocation
by the intimate partner, economic hardship, such as prolonged unemployment,
depression, desperation, jealousy and anger.

https://www.aaets.org/traumatic-stress-library/domestic-violence-and-abuse-types-signs-symptoms-causes-
and-effects
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Effects of Domestic Violence

Domestic violence survivors can face ongoing and challenging effects after
enduring physical, mental, and emotional abuse. It can take time for a survivor to adjust
to living in a safe environment, especially if a perpetrator was severely violent and/or
committed the actions over an extended period of time. The effect of domestic violence
on children, and particularly the correlation between spouse and child abuse, is a critical
part of an effective community response to violence.

Children who witness domestic violence may develop serious emotional,

behavioral, developmental, or academic problems. As children, they may become violent
themselves, or withdraw. Some act out at home or school; others try to be the perfect
child. Children from violent homes may become depressed and have low self-esteem.

As they develop, children and teens who grow up with domestic violence in the
household are: more likely to use violence at school or in the community in response to
perceived threats, more likely to attempt suicide, more likely to use drugs, more likely to
commit crimes, especially sexual assault, more likely to use violence to enhance their
reputation and self-esteem, more likely to become abusers in their own relationships later
in life.

http://www.stopvaw.org/effects_of_domestic_violence