SLC22-W5/ GENDER VIOLENCE
Part I
Please tell us if there is a special law in your country to protect women's rights and what is your opinion regarding this law.
In Tunisia, there is a specific law to protect women's rights, it is Law No. 58 of 2017, which aims to combat all forms of violence against women, this law constitutes a important progress, because it officially recognizes the problems linked to gender-based violence and proposes concrete measures, such as mechanisms to protect victims, sanctions for aggressors, and reception centers, I consider that this law is essential to reduce inequalities and protect women's rights, but its implementation remains subject to improvement due to certain practical obstacles, such as lack of awareness and resources.
Please state whether you consider this law to be effective and whether it does not violate the principle of equality before the law enjoyed by both men and women.
The law is effective because it provides a clear legal framework and concrete tools to combat violence, such as protection orders and rapid legal proceedings, however, its effectiveness depends a lot on the will of the authorities, the training of law enforcement, and accessibility for victims, with regard to the principle of equality before the law, this law does not violate it, because it aims to restore a balance in the face of a historical situation of disadvantage for women, she does not favor one gender over the other, but seeks to protect a vulnerable group from specific abuse.
Part II
From the list of crimes mentioned in class, say which ones you consider may be crimes of gender violence and which ones may be common crimes committed against a woman or women.
- Offenses that can be qualified as gender violence include acts motivated by domination or discrimination based on gender, such as physical, psychological or sexual violence in a marital or family context, or even femicide , these acts reflect an intention of submission or specific control towards a woman.
- Common offenses against a woman include offenses where the gender of the victim has no direct connection to the crime, such as theft, random assault, or homicide without a gender-related motive.
Have you or someone close to you been a victim of gender violence. What was the situation? Was the victim able to assert her rights? Do you think the law favored the victim?
In my entourage, a friend was the victim of gender violence, her partner regularly insulted her, belittled her, and ended up hitting her. She decided to file a complaint after a particularly serious incident, although the law allowed the issuing a restraining order, she had to face many obstacles, including social pressure and a lack of psychological support, I think the law worked in her favor, but its implementation could have been faster and more effective in ensuring its safety.
Part III
Case Study 1.
Please state whether we are dealing with a femicide or a homicide committed against a woman. Explain your answer.
In this case, it is a homicide committed against a woman and not a femicide, the crime is not motivated by the gender of the victim, but by her refusal to transfer her property to the thief, feminicide assumes that the motive for the crime is directly linked to prejudice or domination towards the female gender, which is not the case here, theft and aggression are the main causes, regardless of the gender of the victim.
Case Study 2.
Please state whether this is a crime of gender violence or a common crime committed against a woman. Explain your answer.
This case is a clear example of gender violence, the attacker uses insults and discriminatory behavior based on gender stereotypes, claiming that the woman belongs to the house and cannot act without her permission, this context of control, humiliation, and physical violence reflects a typical pattern of patriarchal domination, the blows given to the woman, which caused her injuries, aggravate this situation, this goes beyond the scope of a common offense and falls specifically under violence based on gender, because the man's actions aim to maintain a position of power over his partner because of her sex.
Thank you very much for reading, it's time to invite my friends @lil.albab, @miftahulrizky, @heriadi to participate in this contest.
Best Regards,
@kouba01
Yes! All countries have laws that regulate gender-based norms and behavior. The problem is that its implementation is not optimal. Victims and even courts sometimes act discriminatory when handling cases of gender-based violence. Giving legal consequences to a husband who cannot be proven as a suspect, and on the other hand, a wife deliberately dramatizes her husband's violence with sadness and sobs. and, the court welcomed the drama without any real evidence of causation.
I agree with you, yes! All regulations are important and do not favor one type to guarantee rights, provide protection and punishment for perpetrators of gender-based violence.
Sometimes a group of people ask, why does the state interfere so much in someone's household affairs? Does the state not respect and uphold religious laws or customary laws which are very strong in every region? i am sorry! This is the case in my country, Indonesia is predominantly Muslim. Many Muslims in a number of areas uphold religious values, their teachings are very strong about law, the rights and obligations of a wife to obey her husband, and vice versa.
Yes! Islam and perhaps all other faiths strictly prohibit violence and there are punishments for such behavior. I am not talking about violence such as beatings and insults because these behaviors should be punished on the basis of real evidence.
..But, what are the advantages of a man when he has the status of husband and father of his daughter? Are husbands no longer considered the head of the household or king who is responsible for meeting all their family's needs? Have gender regulations robbed husbands of their rights to protect their wives? Positioning husbands as creatures without feelings of jealousy? when a husband forbids his wife from leaving the house to work or does he like his wife as a real housewife..
Sometimes I wonder whether the state has the right to be involved in all social behavior in a person's domestic life, even intervening in small things or misunderstandings between husband and wife as gender-based violence.
There are cases of gender-based violence causing divorce due to excessive state regulatory intervention. The father had to be separated from his daughter. That is very unfortunate because it will have a bad effect on a child's mental and behavior, can the state be responsible for that?
Your writing and descriptions are very interesting to read, I was very emotional responding to your explanations and great responses in cases I & II part III. It really also motivated me to find out more about the ins and outs of gender-based violence.
Thank you for sharing, good luck Mr @kouba01
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