ACCES TO JUSTICE FOR WOMEN VICTIMS OF DOMESTIC VIOLENCE.

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Presentation transcript:

ACCES TO JUSTICE FOR WOMEN VICTIMS OF DOMESTIC VIOLENCE

ARGENTINA Placed 24th among 134 countries in terms of acces to resources and oportunities relative to men according Global Gender Gap Report prepared by the World Economic Forum in Placed 24th among 134 countries in terms of acces to resources and oportunities relative to men according Global Gender Gap Report prepared by the World Economic Forum in In 1949 President Juan Perón enacted women's right of suffrage. In 1949 President Juan Perón enacted women's right of suffrage. A congressional bill signed by President Carlos Menem in 1992 provides that one-third of the members of both houses of congress must be women. A congressional bill signed by President Carlos Menem in 1992 provides that one-third of the members of both houses of congress must be women. Argentina President, Cristina Fernández de Kirchner was elected in 2007; the runner-up in the crowded field was also a woman, Elisa Carrió. Argentina President, Cristina Fernández de Kirchner was elected in 2007; the runner-up in the crowded field was also a woman, Elisa Carrió.

Nevertheless, there are numerous systemic challenges Argentina revealed that crimes of violence against women is between % of violent crimes that occurred between Argentina revealed that crimes of violence against women is between % of violent crimes that occurred between DOMESTIC VIOLENCE DOMESTIC VIOLENCE SEXUAL ABUSE SEXUAL ABUSE SEXUAL HARASSMENT SEXUAL HARASSMENT TRAFFICKING FOR SEXUAL EXPLOITATION TRAFFICKING FOR SEXUAL EXPLOITATION

DOMESTIC VIOLENCE 2008: A woman died every 2 days as result of domestic violence (International Amnesty). 2008: A woman died every 2 days as result of domestic violence (International Amnesty). Buenos Aires Province (2010): complaints of domestic violence in the first 10 months Buenos Aires Province (2010): complaints of domestic violence in the first 10 months Córdoba: : complaints Córdoba: : complaints : complaints : complaints : complaints (61% : complaints (61% growth) growth)

2010: Violence Against Women Law Objectives: Eliminate any discrimination between women and men. Eliminate any discrimination between women and men. Guarantees the right of women to live a life free from violence. Guarantees the right of women to live a life free from violence. Acces to justice for women subjected to violence. Acces to justice for women subjected to violence. Removal of sociocultural patterns that promote and sustain gender and power inequality on women Removal of sociocultural patterns that promote and sustain gender and power inequality on women

Acces to Justice Complaints are handled in civilian courts rather than criminal. Complaints are handled in civilian courts rather than criminal. Family courts may interpose injunctions as exclude the offender from the family home or restriction of approaching between the couple, among others. Family courts may interpose injunctions as exclude the offender from the family home or restriction of approaching between the couple, among others. Criminal law, however, provides penalties for domestic violence only when it comes to crimes against sexual integrity or injury, in which case the penalty can be up to 20 years in prison, or when the offender has breached the injunctions dictated, but in this case is not a penalty for the violence itself but the crime of breach of court order. Criminal law, however, provides penalties for domestic violence only when it comes to crimes against sexual integrity or injury, in which case the penalty can be up to 20 years in prison, or when the offender has breached the injunctions dictated, but in this case is not a penalty for the violence itself but the crime of breach of court order.

Justice Ministries in different provinces have hotline to receive complaints (even anonymously), free legal advice for women and psychological support 24 hours a day every day. (Domestic Violence Direction in Córdoba). Justice Ministries in different provinces have hotline to receive complaints (even anonymously), free legal advice for women and psychological support 24 hours a day every day. (Domestic Violence Direction in Córdoba). Specials judicial units for women and family violence (Córdoba). Specials judicial units for women and family violence (Córdoba). Family Violence Prosecutor (Córdoba). Family Violence Prosecutor (Córdoba). Public institutions: prevention programs, treatment, support for battered women, shelters, etc. Public institutions: prevention programs, treatment, support for battered women, shelters, etc.

DOMESTIC VIOLENCE OFFICE- SUPREME NATIONAL COURT OF JUSTICE Opened in September 2008 to improve access to justice and protect the victims in Buenos Aires city. Opened in September 2008 to improve access to justice and protect the victims in Buenos Aires city. Is open 24 hours a day, seven days a week and employed 72 professionals, including lawyers, court employees, and medical specialists and psychologists. Is open 24 hours a day, seven days a week and employed 72 professionals, including lawyers, court employees, and medical specialists and psychologists. Written testimonies are collected rather than oral to prevent revictimization. Written testimonies are collected rather than oral to prevent revictimization.

PLACES WHERE CASES REPORTED WERE SENT 83 % CIVIL FAMILY COURTS 83 % CIVIL FAMILY COURTS 57 % CRIMINAL COURTS 57 % CRIMINAL COURTS 38 % FREE LEGAL ADVICE 38 % FREE LEGAL ADVICE 25 % HEALTH SERVICES (psychological or psychiatric treatment) 25 % HEALTH SERVICES (psychological or psychiatric treatment) 7 % DECIDED NOT TO ACT 7 % DECIDED NOT TO ACT 70% of reports include physical aggression. 70% of reports include physical aggression.

WOMAN´S OFFICE- Superior Court of Justice (Córdoba) Created on 2011 Created on 2011 Seeks to adopt measures in order to incorporate that gender equality perspective in all areas and spheres of judiciary work, both for users of the justice system and employees, officials and judges. Seeks to adopt measures in order to incorporate that gender equality perspective in all areas and spheres of judiciary work, both for users of the justice system and employees, officials and judges. It is part of the National Women Offices Network and is responsible for coordinating activities related to gender equality, by developing, training, research and technical assistance to public and private academic institutions linked to the Judiciary. It is part of the National Women Offices Network and is responsible for coordinating activities related to gender equality, by developing, training, research and technical assistance to public and private academic institutions linked to the Judiciary.

LEGAL AID When women do not have sufficient economic resources to pay a particular lawyer, the courts have free legal advisors. Even in Cordoba province, in the case they have a particular lawyer, these ones are exempt from charges of justice taxes. When women do not have sufficient economic resources to pay a particular lawyer, the courts have free legal advisors. Even in Cordoba province, in the case they have a particular lawyer, these ones are exempt from charges of justice taxes. No Pro Bono specific service. No Pro Bono specific service. Few Legal Clinics- not dedicated to gender issues exclusively. Few Legal Clinics- not dedicated to gender issues exclusively. NGO: important role (prevention efforts, court filings, social studies, projects in which they operate in an interdisciplinary way, free communitary legal advice and defense in situations and cases involving women's groups, victims of domestic violence). NGO: important role (prevention efforts, court filings, social studies, projects in which they operate in an interdisciplinary way, free communitary legal advice and defense in situations and cases involving women's groups, victims of domestic violence).

SOME OBSTACLES Low-income and without education women, have not information about the resources and the rights they own. Low-income and without education women, have not information about the resources and the rights they own. Housewifes depend on money from their couple, so that when they resort to an institution that is far from their home, they have complications to pay the trip and leave children or elderly parents under another person care. Housewifes depend on money from their couple, so that when they resort to an institution that is far from their home, they have complications to pay the trip and leave children or elderly parents under another person care. They are under threat from the aggressor. They are under threat from the aggressor. Do not trust the judicial fairness and effectiveness Do not trust the judicial fairness and effectiveness