OBLIGATIONS ON STATES FOR
SOCIAL SUPPORT TOWARDS VICTIMS OF DOMESTIC VIOLENCE
Ghulam Dastagir 1
1 PhD Researcher, Ahmad Ibrahim Kulliyyah
(Faculty) of Laws (AIKOL), International Islamic Malaysia (IIUM), P.O. Box 10, 50728 Kuala Lumpur, Malaysia.
INTRODUCTION
Domestic violence has finally been recognised
as a human rights violation internationally, which has led to the
enactment of the laws and legislations in different jurisdictions for combating
this endemic social problem. Recognising the fact that offences of domestic
violence often occur behind closed doors, it is very difficult to prove them
beyond reasonable doubt as required by the Criminal justice system (Tahira Karanjawala & Shivani Chugh, 2009), and that the majority of
domestic violence cases are never reported to police.( MacQuigg Ronagh J. A, June, 2011) The UN Committee on Economic, Social and
Cultural Rights alarmed over the boost of domestic violence has recognised that
domestic violence is one of the most prevalent human rights issues in the
context of women's human rights. (Joint committee on Human rights report, 2002,
Para, 43)
Familial
violence includes fundamentals which make it endemic and disastrous for its
victims such as emotional or physical harm, scales of violence including
threats of violence, all committed within the ambit of personal relationships.
Most of the victims are weaker members of the society who are more vulnerable
to harm. Domestic violence is systematic in the sense it occurs in an area in
which the state has neglected the standards to help to provide a remedy to its
victims. For example in the UK, domestic violence has the highest rate of
repeated victimisation among all other crimes reaching over fifty percent. The
context is that just twelve percent of victims reported assaults to the police. (Richard W., Roger B., 2005:84)
As a result of a long and
continuous struggle of human rights activists, when intimate partner violence
was recognised as a social problem, the refuges and shelters or safe houses
were funded in England and the USA in 1970s. (Edna Erez and Peter R. Ibarra, January, 2007) These places offer victims and their children a safe
accommodation after leaving violent homes. The purposes of shelters and
refuges are to ensure an immediate and round-the-clock access to safe
accommodation for sufferers, especially women and children, when they are no
longer safe in their homes. (Women’s aid, 2015) After these initiatives,
the schemes of social support were started such as providing medical care,
psychological and legal counselling etc. It is important to understand that
where women have no such access to social support and if they are totally
dependent on their male partners, or belong to the poor families, it means that
they will become even more vulnerable and they will be subjected intense
cultural, religious and social pressure to return to an abusive relationship
and face continuous emotional and sexual exploitation.
This Article begins with
the introduction of domestic violence, along with some information regarding
the establishment of refuges for the protection of women who
lost their homes due to violence. Later on it examines that how lack of social
support and assistance causes failure for the victims of domestic
violence in resolving the issue.
In order
to understand about the trend, this article is divided into four
parts. Part I provides some key definitions regarding domestic violence
and international legal framework for the protection of domestic
violence victims and it confirms that the domestic violence is the business of
the state and states have a due
obligation and therefore shall establish a compulsory protocol to support
victims. Part II will investigate common biases and hurdles that exist for a woman victim who may wish to leave an
abusive home or relationship. Part III will highlight the role of NGOs for
promoting human rights and establishing support
services which are essential. Finally part IV will emphasis on the multi-agency
responses and resources that victim’s need, such
as refuges, shelters and legal representation on every stage as to make it a
real difference to the lives of women and
girls who have suffered or are suffering from violence.
INTERNATIONAL
FRAMEWORK FOR THE PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
Some basic definitions
The UN Declaration of the Elimination of Violence against Women
defines violence against women is, “manifestation of historically unequal power
relations between men and woman, which has led to domination over and
discrimination against women by men and that ‘violence against women is one of
the crucial social mechanisms by which women are forced into a subordinate
position compared with men.” (Amnesty International, 2004:05-06) The said instrument of UN taken up the
words of ‘violence against women’, characterised by reference to ‘gender-based
violence as: “Any act of gender-based
violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or
private life.”(Edwards A., 2011:20). In Yemshaw v Lewisham Borough of London, the Supreme
Court of United Kingdom held that “domestic violence” was not limited to
physical violence but comprehensively to: “threatening or intimidating
behaviour and any other form of abuse which, directly or indirectly, may give
rise to the risk of harm”, as well as psychological harm. (Supreme Court of UK,
2011) From March 31, 2013, the United Kingdom starting using the
new definition adopting new additions in the previous form, therefore,
“Domestic violence and abuse” is now defined: “Any incident or pattern of
incidents of controlling, coercive or threatening behaviour, violence or abuse
between those aged 16 or over who are or have been intimate partners
or family members, regardless of gender or sexuality. This can
encompass, but is not limited to, the following types of abuse: psychological,
physical, sexual, financial and emotional.”(Home office UK, 2013)
Violence against women and domestic violence according to UN systems
The Universal Declarations of Human Rights (UDHR) Article 5 provides,
“No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.”(Edwards A. 2011: 20) One of the binding instruments of
International bill of human rights the ICCPR in Article 7 indicates
it “as Jus cogens. (Edwards, A. 2011:20) Highlighting the issue of
intimate partners’ violence through the General Assembly Resolution of 1993,
the United Nations included “domestic violence” in their “Declaration on the
Elimination of Violence against Women” and urged state parties to promote
research, collect data and compile statistics, especially concerning domestic
violence. (UN 48/104, 1993) In 1997 the UN emphasised all
member states to ratify international agreements regarding the human rights of
women, calling the domestic violence “a pattern of abusive and controlling
behaviour through which the abuser seeks power over their victim.”(NHS, 2015)
The UN Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) from its Article 2 (e) particularly
obligatory states parties that to “take all appropriate measures to eliminate discrimination
against women by any person, organisation or enterprise.”(Amnesty
International, 2004: 68) Later on, CEDAW has adopted the General
Recommendation No. 19 that defines violence against women as a kind of
discrimination and compelled states to take comprehensive action to restrain
violence against women perpetuated by any person, organisation or enterprise
and bind states to prevent violations of rights by any actor, punish these acts
and provide compensation. (UN Women, 1992) The UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment expressed state
responsibility for acts of torture and ill-treatment by private individuals
such as intimate partners and other family members if not succeeded to protect
women against Torture. (Amnesty International, 2004:69-77) According to customary international law, “states are
functioning consistently in failing to prevent domestic violence”. The former
UN Special Rapporteur on Torture Mr. Manfred Nowak has argued in his report on
responsibilities of state against women oppression that “states have an
obligation to protect women against torture in private committed by non-state
actors. (UN, 2008)
Victim protection resolutions in United Nations
The United Nations has adopted two General Assembly
resolutions dealing with the rights of victims. The first resolution was
taken on in 1985 through ‘Declaration of Basic Principles of Justice
for Victims of Crime’ and the second resolution of ‘Abuse of Power and
the ‘Basic Principles and Guidelines on the Right 2006’ about Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law
and Serious Violations of International Humanitarian Law.’(Bassiouni, C. M., 2006) The ‘Declaration of Basic Principles of Justice for Victims of Crime’
related to the rights of victims of intimate partners’ violence. Later in
general focuses victim’s right more particularly, gross violations of
international human rights law and serious violations of international
humanitarian law. The International Covenant on Civil and Political Rights 1966
(ICCPR) expanded victims' rights. In ICCPR Article 2(3) states that each
State Party to the ICCPR is to “ensures shall have an effective remedy
if any person’s rights are violated.” (Bassiouni, C. M., 2006) The ‘World Conference on Human Rights’ held in 1993
highlighted the need for victim damages by stating that, “Every State should
provide an effective framework of remedies to redress human rights grievances
or violations.” (Bassiouni, C. M., 2006)
Victim’s safety in European set up
In Europe, The Convention on preventing and
combating violence against women and domestic violence which was known as Istanbul convention was adopted by the
Council of Europe in 2011, came into force on 1st of August 2014
with emphasis lay in particular on the areas of legislation, police
investigation and prosecution. This convention also shed lights on many
remaining gaps to combat domestic violence especially in the provisions of
support and services for victims of domestic violence where progress seems inadequate.
(BBC, 2011) According to European Court of Human rights, there are two most
important features of state responses to the domestic violence which are,
criminal justice responses and secondly, the provision of measures of social
support to victims of domestic violence. (MacQuigg Ronagh J. A. 2011) The
principles set out by ECHR clearly states that victims’ rights are based
on human rights and that states obligations derived from the European
Convention on Human Rights (ECHR). (Council of Europe, 2009) States should, in
particular, respect the security, dignity of victim’s private and family life
and recognise the negative effects of crime on victims. The key problem is that
‘states act continuously in failing to prevent domestic violence. (Chatham house,
2010) ECtHR raised many questions and set standards for domestic
violence prevention in land mark Opuz v Turkey case. This case is important because it confirmed
that domestic violence is the business of the state. As well as in B v
Republic of Moldova highlighting under Article 8 of ECHR, the
states have a duty to protect the physical and psychological integrity of
an individual from the actions of others.
In Eremia v. the
Republic of Moldova the European Court at Strasbourg briefed that through General Recommendation No. 28 on the Core Obligations of States Parties
under Article 2 of the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW/C/2010/47/GC.2), the Committee on the
Elimination of Discrimination against Women found that “States parties have a
due diligence obligation to prevent, investigate, prosecute and punish ... acts
of gender based violence.” In B. v The republic of
Moldova the
European Court at Strasbourg held that states should
classify all forms of violence within the family as criminal offences and to
establish a compulsory protocol for operation by the police, medical and social
services.
In B. v The republic of
Moldova the European Court in its Recommendation Rec(2002)5 of 30 April 2002
on the protection of women against violence, the Committee of Ministers of the
Council of Europe stated that member States should introduce, develop and/or
improve where necessary national policies against violence based on maximum
safety and protection of victims, support and assistance, adjustment of the
criminal and civil law, raising of public awareness, and training for
professionals confronted with violence against women and prevention. It is important to point out that the European Court
of Human rights has not yet placed a duty on states regarding the
measures for provision of social support to victims, but in new Council of
Europe’s convention on domestic violence has introduced a lot of sections requiring
states to establish the shelters and refuges for vulnerable women, also to fund
and support and encourage NGOs to continue their services for victims of
domestic violence.
VAW & domestic violence in US Justice Systems
The Inter-American Convention on the Prevention, Punishment and
Eradication of Violence against Women recognised that every woman has the right
to be free from violence in both public and private spheres, clearly stated
that governments are under an obligation
to take effective steps to end violence against women. Highlighting the issue in Edigaroc
the American Court observed: “...violent attacks in domestic settings must
be treated with real seriousness. ... Such conduct is brutal, cowardly and
inexcusable, and the courts have a duty to ensure that it is adequately
punished, and that sentences are handed out which have a strong element of
personal and general deterrence.”
DOMESTIC VIOLENCE VICTIMS’ RIGHT TO LEAVE AN ABUSIVE HOME OR
RELATIONSHIPS
The victims of violence may concern about the consequences of
reporting matters to the police and may not want their intimate partners to be
prosecuted or imprisoned. (Stanley Yeo, Neil M., Chan W. C. 2007:309) Leaving an
abusive relationship is not as easy as it may seem. Many victims are without
much support, either financial or social. Victims in these situations confront
two key barriers that are ‘fear and finance’, fear for her and her children’s
safety and lack of money to support themselves and their families. (Meadows, R. J. (2010:75) discusses that there is a fact
there are not enough shelters to protect all the women and their children who
need them on the time of leaving. Despite effective laws and co-operative
authorities to enforce these laws, it is proved that the risk to an abused
woman’s life is enormous. As the research shows, according to (Wilson &
Daly, 1993), women are more likely to be killed after leaving their husbands
than while living with them. (Daigle
L. E., 2012:243) When
a woman becomes a victim of domestic violence, she is by no means in a position
to take decisions because usually she is not fully informed about her rights
and it is the time when she has facing sufferings and unsupportive environment. Arguably, without effective social support to
the victims of domestic violence [majority of them are women] have no greater
options left to them than abandoning abusive relationships.
If the batterer has controls all of the
economic and social livelihood, leaving for a women can cause additional
problems.(Gosselin, D. K., 2002:118) It is clear that only with the guaranty that
they will not have to return to their abusive partners, from fear of extreme
poverty, hardships or separation from their children, can they be protected in
the first instance, otherwise they will be forced to depend on family, friends
and even strangers and under these circumstances, they may be left with no
choice but to return to their abusive partners. Gosselin, D. K., (2002)
more argued, even though, in many cases,
it is dangerous for a woman to leave her abuser.
Davis, R. L. (2008) contended that once we
are in agreement about the fact, it will be possible to begin to resolve the
issue rather than continue to contest it. In fact, there may be practical
reasons that why a victim of domestic violence may not leave battering, for instance, Gosselin, D. K., (2002:13) asserts
perpetrator may become more violent and maybe even fatal for her if she
attempts to leave; her family and friends may not support her leaving; she may
not know where to go for safety and support; or she rationalises her abuser’s
behaviour by blaming stress, alcohol, problems at work, unemployment, or other
factors. Daigle L. E.,
(2012:243) found that leaving from an abusive relationship could mean
living in fear and losing child custody, losing financial support, and
experiencing harassment at work, experience shame, embarrassment, and
isolation.
In cases of
abusive relationships, it is important to provide suitable and
timely support that help victims to recover emotional,
practical, administrative, and legal obstacles.
Every victim of
domestic violence should have access to protection, whatever her ethnic
background, legal status, sexual orientation, marital status, economic
situation or profession. Despite the
work done by existing victim support services, such assistance is
currently not always easily accessible, Reports have shown various facts that many
shelters do not accept those women who cannot afford to pay rental expenses.
Such women may find themselves having nowhere to go, or return to abusive
relationships. CEDAW (2007) identified that “If shelters do accept such women,
they have to fund the places themselves.”
The UN committee on
Elimination of Discrimination against women (“CEDAW” Committee) revealed during
consideration of UK’s fifth and sixth report in 2008, (MacQuigg Ronagh J. A. 2011) acknowledged that the UK has not giving adequate
support and services to victims of domestic violence, also, and exposed the
closure of a number of domestic violence shelters. Though, the
measures taken by the UK to establish the networks of social support and for
the welfare of vulnerable are reasonable until recent budget cuts, after
unveiling of this CEDAW report one can argue that the situation of Asian
and African countries where domestic violence still neither considered to be a
human rights issue and nor the matter of interest for courts and other criminal
justice institutions are even more severe and caused great sufferings for
victims of domestic violence.
THE ROLES OF NGOS TO PROVIDE SOCIAL SERVICES TO THE
VICTIMS OF DOMESTIC VIOLENCE
NGOs are independent bodies, so through having
freedom of advocacy they can effectively influence governments. Arguably it has
been found that there was improvement in the development of policies and
services dedicated to victims where independent NGOs had been set ups and
efficient. NGOs are representing their victims and lobbying for policy
decisions that have been created in a number of jurisdictions and have proved
to be a real asset for the development of human rights and victim services. As
affirmed by a famous NGO the Southall Black Sisters (2004) based in
London, “Every state administration must acknowledge that it has a duty to
ensure the security of the victims who are attempting to leave a violent
relationship, which is one of the most critical stages for victims of domestic
violence, so they should have access to refuges, accommodation and services.”
The EU convention on domestic violence
(Istanbul convention, 2011) has directed the states to make it possible for the
non-governmental organisations to effectively contribute to the continuing
implementation of the said EU Convention. It urged the State parties to
provide increased and sustained funding to non-governmental organisations as
well as other civil society groups involved in the area of women’s rights. It
is the duty of the states to ensure the allocation of appropriate financial and
human resources for the activities carried out by public authorities and those
of relevant non-governmental and civil society organisations working in the
field of victim support. (Istanbul Convention, 2011)
NGOs have a fundamental and very important
role to play in bringing pressure on governments to ratify and implements the
recommendations of the international human rights conventions. NGOs have played
a critical role in monitoring implementation and has continued in its role for
lobbying as a human rights advocate for legislation that protects the rights of
vulnerable and deprived people. Many NGOs have a long tradition of carrying out
successful awareness-raising activities at national and international levels.
It is the duty of the states that at first they should appreciative the work
that NGOs been doing for decades, and they
should also actively encourage and support the work of well known and
recognised NGOs, civil society and human rights organisations. This means enabling them to carry out their
work in the best possible way. In 2007 the Directorate General of Human Rights
and Legal Affairs Council of Europe advocated measures “for ensuring legal
status of non-governmental organisations in Europe and encouraged the state
parties to formation of NGOs.” (Council of Europe, 2002) Another important feature of the proper
functioning of an NGO is to its support and funding by the state.
The UN ‘CEDAW’ committee facilitated NGOs through
Article 2, which allows individuals or groups of individuals submit complaints
to the CEDAW Committee.’(CEDAW Op. Protocol,
2009) The Supreme Court of India has also permitted
NGOs to engage in those cases in which the victim of human rights
violations are unable to approach the Court due to lack of awareness,
resources, or because of poverty. (MacQuigg
Ronagh J. A. 2011)
NEEDS FOR VICTIMS
CENTRED APPROACH
The objective of the criminal justice system is to find out the
truth. Hence, the victim’s involvement becomes very important. The victim can
assist the investigation in finding the offender and in collecting evidence to
prove the commission of the offence by the criminal. (Mrinal Satish, 2013:163)
The confidence of the public on the criminal justice system depends on how
people perceive themselves, their family and friends, when they are treated as
a victim of a crime. Tatsuya Ota (2013:140) mentioned that there is no
comprehensive legislation to provide fundamental policies and principles
regarding victim support. It has to be recognised that the victim is one of the
institution of the criminal justice system and that without the cooperation of
the victim the system will collapse. The
United Nations General Assembly Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power of 1985 states that crime victims and
their families are unjustly subjected to loss, damage, or injury and that they
may suffer hardship when assisting in the prosecution of offenders. Keeping
this in mind, the UN envisioned a
more prominent role for victims. (UN GA A/RES/40/34, 1985)
Victims of spousal abuse are more likely
to experience depression, anxiety, sleeping disorders, and PTSD (post-traumatic stress disorder). Some of the psychological
consequences are quite severe. By definition it creates emotional and
psychological harm. As in R v. Dhaliwal
case there is a link between domestic violence and suicide. Physical wounds may
heal much more quickly than mental ones; psychological wounds inflicted by
domestic violence may last for years. (Hunter R., 2010:259) Many victims are
abused again and again and many offenders repeat the offence. (Daigle, L. E.,
2010:242) Female victims of spousal abuse tend to experience more severe and
more frequent violence than do male victims. In addition to injury and death,
victims may also experience psychological and emotional consequences; all have
been linked to domestic violence victimisation. (Daigle, L. E., 2010:248) In a 1998 study in USA (Meadows R. J.,
2010:71), the Conference of Mayors found that domestic violence was a primary
cause of homelessness.
Lynn, one of
the victim of intimate partner violence share her story: “Please educate the
police and hospitals that the psychological fear, shame and trauma that a
victim experiences when she is repeatedly beaten may not be visible, but is
much more damaging than the visible injuries she may sustain. ”(Woman’s aid
Organisation, 2011) Research has shown that (Meadows, R. J, 2010:72) children who exposed to domestic
violence suffer a variety of psychological consequences from witnessing the
violence and its effects, which may make them vulnerable to victimisation as a
juvenile or later as an adult. The victim of violence may wish to see the
perpetrator punished, which is the aim of criminal law, but often their aim is
to gain protection. Bird, R., (2006:132) acknowledged that the ability to keep
a person accused of domestic violence in custody until trial is limited which
raises safety issues for women and children.
The Council of
Europe’s Convention on domestic violence which follows the “Three P structure”
of “Prevention”, “Protection”, and “Prosecution” is the best example to tackle
this prevalent phenomenon. A coherent strategy to support victims of domestic
violence is required to which involving either a single organisation as the
unique contact point for victims (help-centers, one stop shops), which will
guide and direct a victim through the network of institutions, or relying
instead on an existing network of several organisations to perform such
services. We must have a
vision in the society to which men and women have the same opportunities,
rights and obligations wherever they may live. The most effective way of advancement of women is to see
through awareness campaign to which victim’s voices are properly and
effectively heard.
Ward and Bird (2005:86) draw our intention
to the matter of the fact that the states should give victims the right to
consistent and guaranteed levels of advice, support and information from their
perspective criminal justice agencies. In many parts of Asia, numerous private
organisations have been active in providing a variety of support services to
specific crime victims of sexual violence, domestic violence and juveniles, for
Tatsuya Ota (2013) Women’s Aid Organisation in Malaysia.
CONCLUSION
The shifts and changes in current scenario of the human world advise a criminal justice process in a way
that provides more support and safety to the victims and more suitable
outcomes for all concerned when intimate partners’ violence is prosecuted
as a crime. (Tahira Karanjawala & Shivani Chugh , 2009) The
causes and consequences of intimate partner violence are of course, extremely
complex. Necessary measures for the sake of the
victims need to be taken. South all
Black Sisters (2015) suggested that victims should be provided adequate
protection from further or secondary victimisation, and has to be given enough
support and help for overcoming the consequences of familial violence and has a
chance to reconstruct their lives. For this purpose, Marinal Satish
(2013) concluded, it is important that each country shares its experiences and
ideas on victim support, through a mutual exchange of information.
REFERENCES
Alice Edwards
(2011). Violence Against Women under International Human Rights Law,
Cambridge: Cambridge University Press,
Amnesty
International (2004). It’s in our
hands, stop violence against women, London: Amnesty Internal Press,
BBC (2011), Europe launches treaty to protect women
from violence, [Available online]<http://www.bbc.co.uk/news/world-europe-13362440#story_continue_1> retrieved on 20 August 2015
Case of B. v. The Republic Of
Moldova European Court of Human Rights [Availableonline] <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-122372> retrieved on 18 June, 2015
Case of Eremia v.
the Republic of Moldova, European Court of Human Rights [Available online]
<http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-119968> retrieved on 18 June, 2015
Case of Opuz v.
Turkey European Court of Human Rights [Available online] <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=002-1449>
retrieved on 18 June, 2015
Case of R v Dhaliwal (2006) EWCA Crim 1139, URL:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Crim/2006/1139.html&query=R+and+v+and+D+and+(2006)+and+EWCA+and+Crim+and+1139,&method=boolean retrieved on 18 June, 2015
Case of Yemshaw v Lewisham
Borough of London [2011] UKSC 3 [28], [Available online]
<<www.supremecourt.gov.uk/decided.../UKSC_2010_0060_Judgment.pdf< retrieved on 20 August 2015
Chatham House
(2010), International Law Discussion Group The Principles of State
Responsibility and Systemic Intimate Violence,
[Available online]
<http://www.chathamhouse.org/publications/papers/view/109530> retrieved on 18 June, 2015
CEDAW (2007). Thematic Shadow Report on Violence Against
Women in the UK, [Women’s Aid references] [Available online] <http://womensgrid.freecharity.org.uk/?p=344> retrieved on 18 June, 2015
Cherif M. Bassiouni
(2006). UK - International recognition of victims' rights, Human
Rights Law Review, 6 Hum. Rts. L. Rev. 203 (2006)
[Accessed by Westlaw] retrieved on
20 August 2015
Council of Europe (2011). Council of Europe Convention on preventing and combating violence
against women and domestic violence, URL: <http://conventions.coe.int/Treaty/EN/Treaties/Html/210.htm> retrieved on 20 August 2015
Council of Europe,
(2002). Fundamental Principles on the
Status of Non-governmental Organisations in Europe and explanatory memorandum,
URL: <http://www.coe.int/t/dghl/standardsetting/cdcj/ONG/Fundamental%20Principles%20E.pdf> retrieved on 20 August 2015
Committee on
Economic, Social and Cultural Rights (2002). Concluding Observations: United
Kingdom of Great Britain and Northern Ireland, E/C.12/1/Add.79, 5
June 2002, Para 17. [Available online] <http://www.publications.parliament.uk/pa/jt200708/jtselect/jtrights/38/3810.htm#a50> viewed on 23 August 2015
Council of Europe,
(1990). Directorate
General of Human Rights and Legal Affairs Council of Europe Non-criminal justice remedies for victims of
crime, [Available online] <http://www.coe.int/t/dghl/standardsetting/victims/victims%20final_en%20with%20cover.pdf> retrieved on 20 August 2015
Danielle Tyson (2013). Sex, Culpability and the
Defence of Provocation, London: Routledge
DOUGLAS HEATHER (2008). The Criminal Law’s Response to
Domestic Violence: What’s Going On? Sydny
Law Review, [VOL 30: 439 2008],URL:<http://www.austlii.edu.au/au/journals/SydLRev/2008/22.pdf>
retrieved on 20 August 2015
Edna Erez and Peter R. Ibarra (2007). Making your home
a shelter: electronic monitoring and victim re-entry in domestic violence
cases, Br J Criminology (January
2007) 47(1): 100-120. [Access
by Westlaw] viewed on 23 August 2015,
Gosselin, D. K., (2002). Heavy Hands, An introduction to the crimes
of family violence, 2nd Edition. (New Jersey: Prentice Hall,
Home
office UK, (2013). Ending violence against women and girls in the UK [Available
online] <https://www.gov.uk/government/policies/ending-violence-against-women-and-girls-in-the-uk/supporting-pages/domestic-violence> retrieved on
20 August 2015
Leah E. Daigle (2012). Victimology, A Text/Reader, London:
Sage Publications,
MacQuigg Ronagh J. A
( 2011), The victim test under the
Human Rights Act 1998 and its implications for domestic violence cases, European Human Rights Law Review (June 2011) Vol. (3), 06.2011, p. 294-303 [Access by Westlaw]
retrieved on 20 August 2015
Mrinal satish,(2013). The role of the victim in the
Indian criminal justice system, in Support for Victims of Crime in Asia,
Wing-Cheong Chan (Editor), London: Routledge,
NHS (2015). Domestic
Violence London, URL: < http://www.domesticviolencelondon.nhs.uk/1-what-is-domestic-violence-/1-definition.html> retrieved on 20th August 2015.
Robert J. Meadows (2010). Understanding violence and Victimisation, Fifth Edition, New
Jersey: Prentice Hall,
Richard W., Roger B., (2005). Domestic Violence,
Crime and Victims Act 2004, A Practitioner’s Guide, Bristol: Jordon
Roger Bird (2006). Domestic Violence, Law and
Practice, Fifth Edition, Bristol: Family Law
Richard L. D. (2008). Domestic Violence
Intervention, Prevention, Policies, and Solutions, (Boka Raton, USA: CRC
Press,
Rosemary Hunter, Clare McGlynn & Erika Rackley
(Editors) (2010). Feminist Judgements: From Theory to Practice, Oxford:
Hart publishing Ltd.
Southall Black Sister (2015)/ RESEARCH AND BRIEFINGS, Domestic violence, Immigration and No Recourse
to Public Funds, A Briefing to amend the Domestic violence, Crime and victims
Bill, [Available online]
< http://www.southallblacksisters.org.uk/research.html> viewed on 05th December, 2014
Stanley Yeo, Neil M., Chan W. C. (2007). Criminal
Law in Malaysia and Singapore, Malaysia: LexisNexis,
Tahira
Karanjawala
& Shivani Chugh, (2009). The Legal Battle Against Domestic
Violence in India: Evolution and Analysis, Int
J Law Policy Family (2009) 23 (3): 289 (Accessed from Lexis-Nexis) retrieved on 20 August 2015
Tatsuya Ota (2013).
The developments of victim support and victim rights in Asia, in
Support for Victims of Crime in Asia, Wing-Cheong Chan (Editor), London:
Routledge,
United Nations
(1993). General Assembly Resolution 48/104. Declaration on the Elimination of
Violence against Women, URL:< http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N94/095/05/PDF/N9409505.pdf?OpenElement> retrieved on 20 August 2015
UN General Assembly (1985). A/RES/40/34,
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power, URL: http://www.un.org/documents/ga/res/40/a40r034.htm retrieved on 20 August 2015.
United Nations,
(2008). Human Rights Council (A/HRC/7/3 15 January 2008, [Available
online], <http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/101/61/PDF/G0810161.pdf?OpenElement> retrieved on 20 August 2015
UN Women (2015). General recommendations made by the Committee on the Elimination
of Discrimination against Women CEDAW , <http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm > retrieved on
20 August 2015.
UN Women
(2009). Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, URL: http://www.un.org/womenwatch/daw/cedaw/protocol/text.htm retrieved on 20
August 2015.
Women’s Aid Organisation (2011). Domestic
violence-The Malaysian context, viewed on 23 November 2013 [Online] <http://www.wao.org.my/Domestic+Violence_37_5_1.htm> retrieved on 18 June, 2015
Women’s
aid (2015). The survivor’s handbook, [Available
online] <http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100320003>
retrieved on 20 August 2015.