1. DOMESTIC VIOLENCE AS A HUMAN RIGHTS ISSUE Leonardo Ocampo

2. INTRO Home has traditionally been depicted as a happy, lovely, and peacefully place for marital couples. It has been depicted as a place where there is freedom and peace. But unfortunately, this is not true. For some women, home is a place of terror and torture caused by their husband or partner. Home is where domestic violence hides and stands as a death threat to many women. Domestic violence is a violent behavior caused by a violent spouse or partner to someone he/she once loved. It is when a partner physically, verbally, emotionally and sexually abuses their intimate partner by exerting power and control over them. Women tend to be subject to violence the most. According to Darrel Payne in Multicultural, Gender, and Minority Studies “Nearly 95% of domestic violence victims are women” (Payne 2009:2). It is estimated that at least four million women experience a serious assault by an intimate male partner during an average of 12-month period (Payne 2009:2). This clearly proves women have become the main target of males. Domestic violence is being exercised through male domination over women. Domestic Violence is a humans rights violation and has been treated as a private matter. Because it has been treated as a private matter, the government has failed to respond effectively to this crisis. It is time that domestic violence starts being treated as a human rights violation in order to seek justice to women whose rights have not been protected. Home has traditionally been depicted as a happy, lovely, and peacefully place for marital couples. It has been depicted as a place where there is freedom and peace. But unfortunately, this is not true. For some women, home is a place of terror and torture caused by their husband or partner. Home is where domestic violence hides and stands as a death threat to many women. Domestic violence is a violent behavior caused by a violent spouse or partner to someone he/she once loved. It is when a partner physically, verbally, emotionally and sexually abuses their intimate partner by exerting power and control over them. Women tend to be subject to violence the most. According to Darrel Payne in Multicultural, Gender, and Minority Studies “Nearly 95% of domestic violence victims are women” (Payne 2009:2). It is estimated that at least four million women experience a serious assault by an intimate male partner during an average of 12-month period (Payne 2009:2). This clearly proves women have become the main target of males. Domestic violence is being exercised through male domination over women. Domestic Violence is a humans rights violation and has been treated as a private matter. Because it has been treated as a private matter, the government has failed to respond effectively to this crisis. It is time that domestic violence starts being treated as a human rights violation in order to seek justice to women whose rights have not been protected. Payne, Darrell. "Domestic Violence and the Female Victim: The Real Reason Women Stay!" Multicultural, Gender, and Minority Studies 3.1 (2009): 1-6. Print. Payne, Darrell. "Domestic Violence and the Female Victim: The Real Reason Women Stay!" Multicultural, Gender, and Minority Studies 3.1 (2009): 1-6. Print.

3. HISTORY In order to understand domestic violence and why it has always been treated as a private matter, one has to understand its history regarding society’s cultural and religious laws and beliefs. According to Schelong “In Roman society, women were classified as property, under Roman Law, a man could beat, divorce, or murder his wife for offenses that disrespected his honor or threatened his property rights” (Schelong 1994:84). This is proof that during early Western civilization, women were subject to violence because of the laws that were created by men. It was right for men to hit their wife or even kill her if she offended him in any shape or form. She was viewed as property and the husband was entitled to do whatever he wanted. Enforcement of these rights of control were considered a private matter (Schelong 1994:84). Hence, domestic violence in early Western society was acceptable because it was viewed as a family problem and should be handled or controlled by the man of the household. In order to understand domestic violence and why it has always been treated as a private matter, one has to understand its history regarding society’s cultural and religious laws and beliefs. According to Schelong “In Roman society, women were classified as property, under Roman Law, a man could beat, divorce, or murder his wife for offenses that disrespected his honor or threatened his property rights” (Schelong 1994:84). This is proof that during early Western civilization, women were subject to violence because of the laws that were created by men. It was right for men to hit their wife or even kill her if she offended him in any shape or form. She was viewed as property and the husband was entitled to do whatever he wanted. Enforcement of these rights of control were considered a private matter (Schelong 1994:84). Hence, domestic violence in early Western society was acceptable because it was viewed as a family problem and should be handled or controlled by the man of the household. Schelong, Katherine. “Domestic Violence and the State: Responses to and Rationales for Spousal Battering, Marital Rape and Stalking.’’ Marquette Law Review 78 (1994).

4. HISTORY In the seventeenth century in England, Lord Matthew Hale created the marital rape exemption. According to Schelong, Matthew stated “The husband cannot be guilty of a rape committed by himself on his lawful wife, for their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract” (Shelong 1994:87). This gave reason for men not to be convicted because when women got married, they basically sign a contract that stated who and what kind of person they were marrying. Hence, women cannot convict their husband of rape. This gave justification for the marital rape exemption. As a consequence, many women were subject to rape in their relationship. This rape exemption reinforced social practice. In the seventeenth century in England, Lord Matthew Hale created the marital rape exemption. According to Schelong, Matthew stated “The husband cannot be guilty of a rape committed by himself on his lawful wife, for their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract” (Shelong 1994:87). This gave reason for men not to be convicted because when women got married, they basically sign a contract that stated who and what kind of person they were marrying. Hence, women cannot convict their husband of rape. This gave justification for the marital rape exemption. As a consequence, many women were subject to rape in their relationship. This rape exemption reinforced social practice. According to Shelong “Early 20th century family courts systems advocated family preservation and discouraged separation and divorced, often boasting their record to reconciling couples, rather than punishing the husband” (Shelong 1994:91). This is how domestic violence remained stable because it was never treated as a crime. It was treated as a family problem. Today, courts assigned case workers to investigate homes or offer the wife advice on how to please her husband so she can avoid physical abuse (Shelong 1994:91). As it can be seen, domestic violence was able to remain stable due that it has always been treated as a private matter. According to Shelong “Early 20th century family courts systems advocated family preservation and discouraged separation and divorced, often boasting their record to reconciling couples, rather than punishing the husband” (Shelong 1994:91). This is how domestic violence remained stable because it was never treated as a crime. It was treated as a family problem. Today, courts assigned case workers to investigate homes or offer the wife advice on how to please her husband so she can avoid physical abuse (Shelong 1994:91). As it can be seen, domestic violence was able to remain stable due that it has always been treated as a private matter. Schelong, Katherine. “Domestic Violence and the State: Responses to and Rationales for Spousal Battering, Marital Rape and Stalking.’’ Marquette Law Review 78 (1994). Schelong, Katherine. “Domestic Violence and the State: Responses to and Rationales for Spousal Battering, Marital Rape and Stalking.’’ Marquette Law Review 78 (1994).

5. TODAY According to Edna Erez “Since the 1960’s, social scientists and psychologists began to advocate mediation in ‘family disturbances’ incidents” (Erez 2002:5). Since then, domestic violence has become a crisis. The answer to solve domestic violence was to separate the parties, reconciliation, or mediation and referral to social service agencies. Police across the country receive training in mediation and some police departments have social workers. According to Edna Erez “Since the 1960’s, social scientists and psychologists began to advocate mediation in ‘family disturbances’ incidents” (Erez 2002:5). Since then, domestic violence has become a crisis. The answer to solve domestic violence was to separate the parties, reconciliation, or mediation and referral to social service agencies. Police across the country receive training in mediation and some police departments have social workers. This approach has drastically resulted in a decrease in arrest. It has taught police officers that it is better to side with the batterers than is to side with the victims and reinforced how the victim’s behavior might have cause offenders behavior. This approach has drastically resulted in a decrease in arrest. It has taught police officers that it is better to side with the batterers than is to side with the victims and reinforced how the victim’s behavior might have cause offenders behavior. Also Police officers do not want to make an arrest because it causes trouble and they do not want to deal with it. They do not want to make the problem worse. Also Police officers do not want to make an arrest because it causes trouble and they do not want to deal with it. They do not want to make the problem worse. Erez, Edna. “Domestic Violence and the Criminal Justice System: An Overview” Journal of Issues in Nursing. 2002. Vol. 7. Erez, Edna. “Domestic Violence and the Criminal Justice System: An Overview” Journal of Issues in Nursing. 2002. Vol. 7.

6. FACTS ABOUT DOMESTIC VIOLENCE AROUND THE WORLD In the united states, battery is the leading cause of injury to adult women, and rape is committed every six minutes. In the united states, battery is the leading cause of injury to adult women, and rape is committed every six minutes. In Peru, 70% of all crimes reported to police involve women who are beaten by their partners. In Peru, 70% of all crimes reported to police involve women who are beaten by their partners. In India, eight out of ten wives are victims of violence In India, eight out of ten wives are victims of violence In france, 95% of the victims of violence are women, 51% at the hands of spouse or lover\ In france, 95% of the victims of violence are women, 51% at the hands of spouse or lover\ Domestic battery figures range from 40% to 80% of women beaten. Domestic battery figures range from 40% to 80% of women beaten. In the U.S, women are murdered by their husband or lover every 22 days in Massachusetts. (Bunch 1990:490) In the U.S, women are murdered by their husband or lover every 22 days in Massachusetts. (Bunch 1990:490) Bunch, Charlotte, Women’s Rights as Human Rights: Toward a Re-Vision of Human Rights, Human Rights Quarterly, 12:4 (1990:Nov.) p.486

7. WHAT ARTICLES HAVE BEEN VIOLATED Article 1-All human beings are born free and equal in dignity and rights. Article 1-All human beings are born free and equal in dignity and rights. Article 2- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status Article 2- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status Article 3-Everyone has the right to life, liberty and security of person. Article 3-Everyone has the right to life, liberty and security of person. Article 5-No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 5-No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 7-All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 7-All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 16-(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 16-(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. UN General Assembly, Universal Declaration of Human Rights, 10 December 1948

8. UN RESPONSE TO DOMESTIC VIOLENCE According to Arvonne Frasser, since 1990’s, women's rights movement has barely gotten attention to persuade the international community to discus violence against women as a human rights violation and global importance. According to Arvonne Frasser, since 1990’s, women's rights movement has barely gotten attention to persuade the international community to discus violence against women as a human rights violation and global importance. General assembly adopted the declaration on the elimination of violence against women in Dec, 1993. This declaration calls on states to condemn violence against women (Frasser 1999:854). General assembly adopted the declaration on the elimination of violence against women in Dec, 1993. This declaration calls on states to condemn violence against women (Frasser 1999:854). Many states treat domestic violence as honor crimes and as private matters. Many states treat domestic violence as honor crimes and as private matters. The UN has done nothing to prosecute states where domestic violence is happening. The UN has done nothing to prosecute states where domestic violence is happening. Arvonne S. Fraser. "Becoming Human: The Origins and Development of Women's Human Rights." Human Rights Quarterly 21.4 (1999): 853-906.

9. WHAT HAPPENS WHEN DOMESTIC VIOLENCE IS ALLOWED ALL OVER THE WORLD? Many women are ignored. Tomlinson states “Women who complain about sexual assaults, even though it is documented that 90% are telling the truth, in male dominated culture of the police, women will be seen as liars and their complaints will be dismissed” (Tomlinson 2015:13). Many women are ignored. Tomlinson states “Women who complain about sexual assaults, even though it is documented that 90% are telling the truth, in male dominated culture of the police, women will be seen as liars and their complaints will be dismissed” (Tomlinson 2015:13). As a result, leads women to physical, emotional, sexual violence, marital rape, domestic murder, and entrapment. As a result, leads women to physical, emotional, sexual violence, marital rape, domestic murder, and entrapment. Yolande, Tomlinson. ““Invisible betrayal: Police violence and the rapes of black women in the U.S.” Black Women’s Blue Print. 2014.

10. SOLUTIONS Make domestic violence a human rights violation. (include it in the universal declaration of human rights). Make domestic violence a human rights violation. (include it in the universal declaration of human rights). Have the UN prosecute states that do not enforce or punish those who have committed domestic violence. Have the UN prosecute states that do not enforce or punish those who have committed domestic violence. Change the criminal justice system training. Such as, not teaching officers on how to treat domestic violence as a private matter. Change the criminal justice system training. Such as, not teaching officers on how to treat domestic violence as a private matter. Have criminal justice system pay attention to the victim. Have criminal justice system pay attention to the victim. Prosecute those who are causing domestic violence effectively. That means arresting them and putting restraining orders instead of, reconciliation or marriage counseling. Prosecute those who are causing domestic violence effectively. That means arresting them and putting restraining orders instead of, reconciliation or marriage counseling. Shed light on the states who are failing to take domestic violence serious. Shed light on the states who are failing to take domestic violence serious. require police officers take a women's and gender course. require police officers take a women's and gender course.

11. WORKS CITED Payne, Darrell. "Domestic Violence and the Female Victim: The Real Reason Women Stay!" Multicultural, Gender, and Minority Studies 3.1 (2009): 1-6. Print. Payne, Darrell. "Domestic Violence and the Female Victim: The Real Reason Women Stay!" Multicultural, Gender, and Minority Studies 3.1 (2009): 1-6. Print. Schelong, Katherine. “Domestic Violence and the State: Responses to and Rationales for Spousal Battering, Marital Rape and Stalking.’’ Marquette Law Review 78 (1994). Schelong, Katherine. “Domestic Violence and the State: Responses to and Rationales for Spousal Battering, Marital Rape and Stalking.’’ Marquette Law Review 78 (1994). Erez, Edna. “Domestic Violence and the Criminal Justice System: An Overview” Journal of Issues in Nursing. 2002. Vol. 7. Erez, Edna. “Domestic Violence and the Criminal Justice System: An Overview” Journal of Issues in Nursing. 2002. Vol. 7. Bunch, Charlotte, Women’s Rights as Human Rights: Toward a Re-Vision of Human Rights, Human Rights Quarterly, 12:4 (1990:Nov.) p.486 Bunch, Charlotte, Women’s Rights as Human Rights: Toward a Re-Vision of Human Rights, Human Rights Quarterly, 12:4 (1990:Nov.) p.486 UN General Assembly, Universal Declaration of Human Rights, 10 December 1948. UN General Assembly, Universal Declaration of Human Rights, 10 December 1948. Arvonne S. Fraser. "Becoming Human: The Origins and Development of Women's Human Rights." Human Rights Quarterly 21.4 (1999): 853-906. Arvonne S. Fraser. "Becoming Human: The Origins and Development of Women's Human Rights." Human Rights Quarterly 21.4 (1999): 853-906. Yolande, Tomlinson. ““Invisible betrayal: Police violence and the rapes of black women in the U.S.” Black Women’s Blue Print. 2014. Yolande, Tomlinson. ““Invisible betrayal: Police violence and the rapes of black women in the U.S.” Black Women’s Blue Print. 2014.