{"id":2104,"date":"2016-03-08T20:31:31","date_gmt":"2016-03-08T20:31:31","guid":{"rendered":"http:\/\/rcstaging.co.uk\/ehrac\/?p=2104"},"modified":"2021-06-01T00:29:28","modified_gmt":"2021-05-31T23:29:28","slug":"first-ever-international-decision-on-domestic-violence-in-georgia-highlights-serious-shortcomings-in-state-response","status":"publish","type":[30],"link":"http:\/\/ehrac.org.uk\/en_gb\/first-ever-international-decision-on-domestic-violence-in-georgia-highlights-serious-shortcomings-in-state-response\/","title":{"rendered":"First ever international decision on domestic violence in Georgia highlights serious shortcomings in State response"},"content":{"rendered":"\n\t\t
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\u10d8\u10ee\u10d8\u10da\u10d4\u10d7 \u10e1\u10e2\u10d0\u10e2\u10d8\u10d8\u10e1 \u10e5\u10d0\u10e0\u10d7\u10e3\u10da\u10d8 \u10d5\u10d4\u10e0\u10e1\u10d8\u10d0<\/a><\/p>\n

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\u201cI hope that the Georgian Government will fulfil the decision and implement the recommendations in good faith. For the first time Georgia is found to be responsible for gender-based discrimination and it should trigger discussions and enhance reforms to eliminate domestic violence and systemic discrimination of women.\u201d<\/em><\/p>\n

Baia Pataraia, Union Sapari<\/p>\n<\/blockquote>\n

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As the world marks International Women\u2019s Day, campaigners against domestic violence have called for implementation of the first ever international decision relating to domestic violence in Georgia. The\u00a0decision<\/a>, issued by the main UN women\u2019s rights body, concerns prolonged and brutal violence against a mother and daughter. It breaks new ground by calling on Georgia not only to compensate the victims, but also to instigate widespread reforms aimed at ensuring a zero-tolerance policy towards violence against women. Domestic violence has been described by the UN Special Rapporteur on Violence against Women (SRVAW) as a \u201cscourge taboo\u201d in Georgia. The former Soviet state is also urged to ratify the Council of Europe\u2019s Istanbul Convention \u2013 the\u00a0\u201cgold standard\u201d<\/a>\u00a0for tackling violence against women.<\/p>\n

The UN Committee on the Elimination of Discrimination against Women (\u2018CEDAW Committee\u2019) published its findings in the case of\u00a0X and Y v Georgia<\/em><\/a>,\u00a0<\/em>the first ever decision from an international body relating to domestic violence in Georgia. In this case,<\/em>\u00a0a mother (X) and daughter (Y) complained of the State\u2019s failure to prevent, investigate and punish prolonged physical violence, and sexual and psychological abuse suffered at the hands of their former husband and father. The case was litigated jointly by the\u00a0European Human Rights Advocacy Centre<\/a>\u00a0(EHRAC), based at\u00a0Middlesex University<\/a>, and\u00a0Article 42<\/a>\u00a0(an NGO in Tbilisi).<\/p>\n

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\u201cDomestic violence is considered a private matter and not a public concern, especially in rural areas\u2026Women victims of domestic violence, who decide not to keep this scourge taboo, are forced by the community \u2013 in particular in rural areas \u2013 and\/or the police, to remain with their perpetrators and are not only re-victimized, but at risk of new assaults.\u201d<\/em><\/p>\n

(The SRVAW, after\u00a0her visit to Georgia<\/a>, February 2016).<\/p>\n<\/blockquote>\n

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When women do report domestic violence to the police, often little or no action is taken until it is too late. The Georgian Government began to tackle this insidious form of gender-based discrimination with the adoption of the 2006\u00a0Law on Domestic Violence<\/a>, which includes temporary protection measures, and requires the State to provide shelters and social services for victims of domestic violence and their children. Under the Law, the State is also obliged to make people aware of their rights and the State\u2019s obligations relating to domestic violence. To date however, Georgia has failed to ensure thorough and effective compliance with the\u00a0Law. For example,\u00a0<\/a>it is widely reported that the police do not routinely adopt a zero-tolerance approach to domestic violence, nor do they handle complaints by victims in an appropriate and sensitive manner. Following\u00a0protests by women\u2019s rights activists and NGOs<\/a>\u00a0over several high profile murders of women by their partners in 2014, the State promised to prioritise tackling domestic violence.<\/p>\n

The case of\u00a0X and Y v Georgia<\/em><\/strong><\/p>\n

The violence suffered by X began in 1987 when she was raped by her future husband at a party. She married him because of societal attitudes in Georgia which led her to believe that no one else would wish to marry her once she was no longer a virgin. During the marriage, X gave birth to five children. Her husband would often punish the children with physical violence for misbehaviour or arguing amongst themselves. He routinely assaulted X when she attempted to intervene to protect the children, as well as over insignificant household issues. Her husband also sexually abused Y and her brother. Even after two incidences for which X received medical attention, her repeated reports to the police of \u2018spousal battery\u2019 and sexual abuse of the children were never investigated and her husband was never prosecuted. He was only ever asked by the police to sign unenforceable declarations that he would not use violence against his family again.<\/p>\n

The CEDAW Committee found violations of the State\u2019s obligations under\u00a0Articles 2(b)-(f)<\/a>, in conjunction with\u00a0Article 1<\/a>\u00a0and\u00a05(a) of the CEDAW Convention<\/a>, as well as the Committee\u2019s\u00a0general recommendation No. 19<\/a>\u00a0on violence against women.\u00a0 These obligations include the adoption of legislative and other measures prohibiting violence against women as a form of gender-based discrimination; ensuring the legal protection of women\u2019s rights on an equal basis with men; refraining from engaging in discrimination against women and ensuring that public authorities and institutions do the same; tackling discrimination against women by private individuals; modifying or abolishing existing laws, regulations, customs and practices that constitute discrimination against women; and taking measures to modify\u00a0 social and cultural patterns so as to \u00a0eliminate prejudices and customary\u00a0 practices that are based on, for example, stereotyped roles for men and women. In its recommendations, the Committee called on the Georgian Government to: adequately compensate X and Y; ensure that other victims of domestic violence are provided with prompt and adequate support, including shelters and psychological assistance; intensify awareness raising campaigns and implement a zero-tolerance policy towards violence against women (in particular, domestic violence); provide mandatory training to law enforcement officials, judges and lawyers on national and international obligations on countering domestic violence; and ratify the Council of Europe\u2019s\u00a0Istanbul Convention<\/a>.<\/p>\n

Commenting on the CEDAW Committee\u2019s findings in the case after her country visit to Georgia, the\u00a0SRVAW underlined that<\/a><\/p>\n

\n\u201cthe recommendations point out systematic deficiencies related to the implementation of the legislative framework and specific measures on violence against women.\u201d<\/em>\n<\/p><\/blockquote>\n

Together with Article 42, EHRAC has been engaging with Government officials and other NGOs concerning the steps needed to effectively address the issues raised in the Committee\u2019s recommendations. We hope that changes brought about by this decision may positively affect the many women in Georgia for whom domestic violence continues to be a reality.<\/p>\n

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\u201cThe case is a very important achievement both for the applicants and for Georgia. Among the strategic aims of this case is to raise awareness of UN bodies in Georgia, and strengthen the legal system and practice in the context of violence against women. It is also the first positive precedent from an international body for victims of domestic violence in Georgia.\u201d<\/em><\/p>\n

Elena Fileeva, Article 42<\/p>\n<\/blockquote>\n

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Note: The case of\u00a0X and Y v Georgia<\/em><\/a>\u00a0was originally brought by\u00a0INTERIGHTS<\/a>, who represented the applicants until the organisation\u2019s closure in May 2014. The CEDAW Committee adopted its decision in the case on 13 July 2015. More information on this case and the issue of violence against women in Georgia is available\u00a0in our Resources<\/a>.<\/p>\n<\/div>\n

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