Compendium of International and National Legal Frameworks on Domestic Violence Volume V of V — Annexes FIRST EDITION, JANUARY 2019 Cover Photo: Mali © Curt Carnemark / World Bank Compendium of International and National Legal Frameworks on Domestic Violence Volume V of V — Annexes FIRST EDITION, JANUARY 2019 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE © 2019 The World Bank Group 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org/ Some rights reserved This work is a product of the staff of The World Bank. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Attribution Please cite the work as follows: “World Bank. Compendium of International and National Legal Frameworks on Domestic Violence, January 2019, World Bank.” All queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Cover Photo: Mali © Curt Carnemark / World Bank The Compendium is a working document intended as a reference tool for anyone interested in the topic of Domestic Violence (development practitioners, lawyers, community leaders, academics, researchers, students, etc.). It does not constitute an exhaustive treatment of the legal framework on Domestic Violence and may be updated from time to time. COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ACKNOWLEDGEMENTS ...................................................................................................................... i FOREWORD ....................................................................................................................................... iii INTRODUCTION, DISCLAIMER AND LIMITATIONS ........................................................................... iv VOLUME V .......................................................................................................................................... 1 ANNEXES TO THE COMPENDIUM ..................................................................................................... 1 Volume V of V This compendium on domestic violence is divided in five volumes. Each volume should be observed as a part of the whole. COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ACKNOWLEDGEMENTS The idea of the Compendium of International and National Legal Frameworks on Domestic Violence came out of discussions held during several international seminars on Domestic Violence during the Law, Justice and Development Weeks promoted by the Legal Vice Presidency of the World Bank and by the Global Forum on Law, Justice and Development. We wish to thank the following individuals for their outstanding contribution, research, assistance and guidance on this project: Contributors: Aarushi Sinha Alexandra Leão Annabelle Vinois Dolie G. Schein Edith Ruguru Mwenda Eklavya Vasudev Emelyne Calimoutou Fabienne Prost Fatima Sanokho Francesca Daverio Gamila Kassem Gloria Kuoh Isabel Micaela Santagostino Recavarren Isabella Micali Drossos Luiza Lacerda Bogado Maya Goldstein-Bolocan Natália Mazoni Silva Martins Paula Tavares Renske Hoekstra Sara Guerreiro Sheela Reddi Souad Adnane Viktoria Khaitina Wendy Johanna Melis i COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE Editors: Alexandra Leão, Legal Consultant, World Bank Maya Goldstein-Bolocan, Legal Consultant, World Bank Book Cover Design: Dolie Schein, Knowledge Management Officer, World Bank Peer Reviewers: Cheryl Thomas, Chief Executive Officer, Global Rights for Women, Minneapolis, United States of America Ligia Maura Costa, Full Professor Fundacao Getulio Vargas – Escola de Administracao de Empresas de São Paulo (FGV-EAESP), Director of the Fundacao Getulio Vargas Ethics Research Center, São Paulo, Brazil Niki Konstantinidou, Barrister and Solicitor (Australia); Solicitor (Northern Ireland); Human Rights Activist and Author of "Juste Une Gifle?", a creative non-fiction on domestic and institutional violence against women, Paris, France Satang Nabaneh, Project Officer, Women’s Rights Unit, Centre for Human Rights, Faculty of Law, University of Pretoria and Lecturer in Law, University of The Gambia Translation Support: Nicolas Drossos, Public Finance, World Bank Management Expert Very special thanks for their guidance and support: Diana Arango, Gender Specialist, Gender, World Bank Group Dolie Schein, Knowledge Management Officer, Legal Vice Presidency, World Bank Group Georgina Wiese, Senior Program Assistant, Legal Vice Presidency, World Bank Group Irina Kichigina, Deputy General Counsel, World Bank Group Sandie Okoro, Senior Vice President and General Counsel, World Bank Group ii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE FOREWORD It is undisputed that domestic violence against women and girls remains one of the most extreme forms of gender inequality, a violation of human rights, and a development issue. Domestic violence against women and girls takes many forms, including physical, sexual, emotional, and economic. As a result, women and girls’ lives are endangered with negative consequences not only for them, but also for their households, their communities, and society as a whole. It is an epidemic that leads to girls dropping out of school and affects women’s ability to acquire more and better jobs; it increases absenteeism at work and limits mobility that hinder productivity and earnings. Altogether, domestic violence impedes women and girls from thriving, and takes away their voice, agency, rights and opportunities. This in turn affects every country’s growth and development. The international community recognizes that domestic violence is an important development challenge, and strides have been made to support countries in acquiring the tools and resources needed to end it along with other forms of discriminatory practices. Twenty-five years ago, the United Nations Declaration on the Elimination of Violence Against Women first called upon States to adopt legislation which prohibits domestic violence and to provide legal protection to end all forms of violence and harmful practices against women and girls in public and private spheres. More recent efforts have called for stronger action to address the underlying structural causes that increase the risks of domestic violence. The share of countries with laws on domestic violence increased from 70.9 percent to 75.9 percent thanks to legal reforms in seven countries over the last four years, but more remains to be done, as 49 countries still do not have specific laws against domestic violence. Laws are an important step that countries can and should take towards ending violence against women and girls. We must support and strengthen the tools and means to end domestic violence everywhere. I am pleased to share the following Compendium of International and National Legal Frameworks on Domestic Violence. In it you will find international and regional instruments that address domestic violence, and national legislations adopted to prevent and prosecute such crimes. This is a practical online legal tool to empower those fighting domestic violence and help shape change for the elimination of domestic violence. We hope this responds to the needs of all persons and professionals interested in this subject as well as those who work with and support women and girls affected or at risk. Sandie Okoro Senior Vice President and General Counsel World Bank Group iii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE INTRODUCTION, DISCLAIMER AND LIMITATIONS Domestic Violence (DV) is a universal phenomenon that affects millions of women of all social strata worldwide. It is the most pervasive, common, underrecognized, underestimated and underreported type of violence against women. It reflects discriminatory social norms, stereotypes, impunity and gender inequality. It is all too often considered as a “private, family issue”, widely accepted and minimized although it impairs the full enjoyment of life and fundamental rights and freedoms by victims and survivors who are overwhelmingly women. Domestic Violence (DV) is a development challenge and has a high economic and social cost, including health and medical costs, death, suicide, depression, lost productivity, lost income, , psychological consequences and trauma, increased stress, reactive violence, reduced ability to study or find and hold a job, judicial and prison costs, economic insecurity and abuse, debt, housing instability, homelessness, inter alia1. Beyond data and statistics, DV undermines autonomy and represents an enormous loss in terms of wellbeing not only for the women affected but also for the men who share their lives, for their children, their families and their societies. The Compendium on International and National Legal Frameworks on Domestic Violence (the “Compendium”) provides a survey of the key international and regional instruments as well as national legislation as they relate to domestic violence. In this Compendium, DV is understood and defined as gender-specific violence, commonly directed against women, occurring in the family and in interpersonal intimate relationships2, and can encompass different types of abuse. As such, it includes legislation addressing DV as any type of violence (physical, sexual, psychological/emotional or financial/economic) committed by an intimate partner or family member. A number of countries have adopted legislation on DV against women specifically while others have not defined the gender of the victim or survivor. The Compendium is a working document intended as a reference tool for anyone interested in the topic of DV – survivors, advocates, development practitioners, lawyers, policy makers, academics, among others. It does not constitute an exhaustive treatment of the legal framework on DV and may be updated from time to time. The Compendium consists of topical chapters with jump links to source documents, such as United Nations conventions, regional treaties, and national legislations3. It is based on information available online, offline or both, and relies on research conducted, verified and 1 Some research shows that DV costs USD 460 billion each year in the USA and USD 4.3 trillion internationally. https://www.washingtonpost.com/opinions/the-cost-of-domestic-violence-is-astonishing/2018/02/22/f8c9a88a-0cf5-11e8- 8b0d-891602206fb7_story.html?noredirect=on&utm_term=.00059cae58fd; 2 Based on several United Nations documents, including the United Nations General Assembly, Declaration on the Elimination of Violence against Women, December 20, 1993; United Nations Economic and Social Council 1996; UNHCR 2005; United Nations 2010. 3 Jump links are in bold colored font and can be accessed by clicking on the link which will take the reader to the source document. iv COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE updated as of December 20184. The hyperlinked references are not under the control of the World Bank, nor is the World Bank responsible for the accuracy of the content provided through these references. The content of the Compendium does not necessarily reflect the views of the World Bank, its Board of Executive Directors, or the governments they represent. Furthermore, the World Bank does not guarantee the accuracy of the data included in this work. The research on country-level DV legislation builds on the Women Business and the Law5 database and includes additional legislation found during the course and time-frame for compiling the research. The Compendium is limited to countries that have adopted specific laws or provisions addressing DV6 and includes legislation from almost 160 countries; as such, the absence of a country’s name may be due to the fact that no DV legislation has yet been enacted or that no information was available online7. Ending all forms of gender-based violence, including domestic violence, is a critical development objective and comprehensive legislation addressing DV is a key first step towards ensuring prevention and protection. It is also a sine qua non condition for any effective strategy to address the problem. Nonetheless, many countries worldwide have yet to adopt laws against DV, while many others have adopted legislation that fails to comprehensively offer protection for the different types of survivors and against the different forms of abuse. We hope the Compendium will contribute to this urgent and important debate. Isabella Micali Drossos Maya Goldstein-Bolocan Paula Tavares World Bank 4 Because it was developed primarily based on information publicly available online, the Compendium includes references to more than several hundred URLs and links to available treaties, laws and electronically published documents. All referenced URLs and links were verified and active at the time they were inserted. There is no guarantee as to their future accessibility nor as to the continued accuracy of the information contained therein after the last date on which they were last accessed and verified. 5 See more at http://wbl.worldbank.org/en/data/exploretopics/protecting-women-from-violence 6 Specific provisions addressing DV may include those in domestic violence laws, criminal codes, or laws on gender-based violence or violence against women more generally, provided they address violence or abuse between spouses, within the family or members of the same household, or in interpersonal relationships, including intimate partner violence. 7 When legislative information was not available online but was found by the team of authors, these have been attached as annexes to the Compendium. v COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE VOLUME V ANNEXES TO THE COMPENDIUM COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ANNEX I: LEGISLATION FROM COMOROS COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ANNEX II: LEGISLATION FROM DOMINICA COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ANNEX III: LEGISLATION FROM GAMBIA COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ANNEX IV: LEGISLATION FROM GUINE BISSAU COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON DOMESTIC VIOLENCE ANNEX V: LEGISLATION FROM ST. 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