LOGO State Response to Intimate Partner Violence in Thailand Presented by Duangsamorn Jatupornpimol Gender and Development Studies School of Environment, Resources and Development Asian Institute of Technology May 17, 2010

Contents Research problem 1 Research questions 2 Research objectives 3 Research Finding 4 Conclusion and Recommendation 5

But….Sad (Never)Ending Happy Beginning

Research problem and questions  Government agencies and NGOs advocacy to solve the problem of IPV by employing preventive and protective means  In Thailand, family matter is private matter.  Other socio-cultural factors such as patriarchy, cultural acceptance of violence, protection of privacy rights etc.  Constraints in implementation and gaps in policies  Thus, it is needed to examine to what extent state’s policies are responsive to actual situation of IPV in Thailand 1 What is the overall situation of intimate partner violence in Thailand, and what forms and characteristics does it take? 2 What are the existing tools and responses of the Thai state to intimate partner violence? 3 What are the gaps or areas unaddressed by available tools and what are constraints in preventive and protective tools that explain those gaps?

1 To examine the extent of intimate partner violence. 2 To identify what are the emergent issues among several forms of intimate partner violence. 3 To examine what are tools developed by governmental agencies to fight against intimate partner violence and the reason why these tools are selected. 4 To examine how effective are the tools in fighting against intimate partner violence. 5 To identify what are constraints persisting in the tools, where explains those constraints and how they impact the tools. Research objectives

Conceptual Framework Actual situation of IPV and needs Constraints Socio-cultural norms (e.g. patriarchy, asymmetry of gender power relation) Privacy rights Lack of public awareness on the issue of IPV or specific issues within the area of IPV Constraints Socio-cultural norms (e.g. patriarchy, asymmetry of gender power relation) Privacy rights Lack of public awareness on the issue of IPV or specific issues within the area of IPV Effectiveness /Ineffectiveness: Gaps between responses/ tools /policies and actual needs Effectiveness /Ineffectiveness: Gaps between responses/ tools /policies and actual needs State response to fight against IPV Perspective influencing choices of tools and programs

Identifying needs Emergent IPV issues Psychological violence Forced sex in marriage Female-perpetrated IP homicide Determinants Alcohol and drug Family disputes Gender power dynamics Rigid traditional gender norms Poor rule of law Gender bias in criminal justice system The existence of 3 types of IPV (physical, mental and sexual violence) Impacts of IPV Violation of human rights Socio-economic impacts Immediate and long-term heath impacts

Response from the Thai State The Constitutions of the Kingdom of Thailand (B.E and 2550 Legal measures Criminal Code on offense against life and body Criminal Code on rape offense Domestic Violence Victims Protection Act B.E. 2550

Anti Marital Rape Law Criminalization of marital rape: the redefinition of rape offense in the Criminal Code in 2007 “the act that aims to fulfill perpetrator’s sexual desire” no recognition of anger and power rape. Motivation of rape sexual crime between husband and wife is not perceived a real crime Lower punishment for marital rape offence Exemption of marital rape in women aged under 17 Absence of implementation and mechanism weakness

The Domestic Violence Victims Protection Act B.E  The major public policy dealing with IPV Intention of the law Maintenance of peaceful cohabitation between family member Providing protection to the rights of domestic violence victims Correcting perpetrators’ violence behavior Strength Inclusion of civil remedies Intervention to private sphere Gender neutrality in law Weakness Unclear definition of ‘domestic violence’ Exclusion of dating and sexual partner Selective compoundable offence and the absence of self-defense exemption for battered women Lack of state’s provision of financial assistance to victims

Non-legal measure. Eliminating gender discrimination in law and formulate anti- violence against women legislation. Raising public awareness Capacity-building for policy makers and practitioners Developing mechanisms for fighting against VAW Strengthening policy implementation The Women’s Development Plans in the National Economic and Social Development Plans 783 OSCCs established in the whole country Provisional of comprehensive health care and assistance Weakness Limitation in health care service provision Lack of specialization in dealing with gender-based violence Lack of specific budget to improve service Attitude of personnel on health sector One Stop Crisis Center (OSCC) Strength Cover large area Weakness Limited day of stays Lack of specialization because lack of human resources Not known to the public The Shelter for Children and Family

Summary of findings  The major research finding is that the Thai State has been capable of making public policies to respond to intimate partner violence.  However, some of these tools are not effective in fighting against intimate partner violence because of three major reasons. 1 the tools themselves fail to capture crucial needs and problems with in intimate partner violence 2 it is the ineffective implementation that cause ineffectiveness of the policies, 3 some specific tools have not been yet translated into action, therefore the specific problems within intimate partner violence that those tools are designed to solve remains unsolved.

Discussion Ineffectiveness of policies and implementation Lack of capacity Lack of knowledge Gender bias Where does the ineffectiveness come from?  This study highlights that responsive and gender transformative policies alone are not adequate in responding to intimate partner violence.  Gender works across all social and political institutions.  State that is located in public sphere, is gendered in nature.  Once policies are in place, the state must ensure that they are translated into action in a gender sensitive manner. More importantly, gender-friendly environment must be created in government agencies for the policy implementation.  This study highlights that responsive and gender transformative policies alone are not adequate in responding to intimate partner violence.  Gender works across all social and political institutions.  State that is located in public sphere, is gendered in nature.  Once policies are in place, the state must ensure that they are translated into action in a gender sensitive manner. More importantly, gender-friendly environment must be created in government agencies for the policy implementation.

Discussion Summary of findings Amendment of laws to diminish gender bias in the anti marital rape and anti domestic violence law Inclusion of Battered Women’s Syndrome Clear definition of psychological violence Development of preventive measures Integrated action plan Community-based program for prevention and need-based assistance Integration of gender equality and human rights knowledge to formal education Development of social welfare and health services Promotion of shelter and OSCCs Recruitment of personnel specializing in dealing with IPV Comprehensive health care that cover both immediate and long-term health impact All type of medical expense should be covered by national health care scheme

Discussion Summary of findings Allocation of gender-sensitive budgetCapacity Building for human resources in state agencies Gender training Increase numbers of female police officers and arrange capacity-building training for both male and female police officers Technical training to policy maker and practitioners to explain intention of policy, operational procedures etc. Development of policy evaluation and the monitoring of implementation to ensure that polices are gender-responsive, responsive to the problems of IPV to policies are implemented in gender sensitive manner)

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