About Violence Against Women
What is violence against women?
The impact of violence against women
Human rights and violence against women
International law
New Zealand law
The impact of violence against women
Human rights and violence against women
International law
New Zealand law
What is violence against women
Violence against women takes many forms. All forms of violence against women are connected and we need to an integrated solution.
In Aotearoa New Zealand violence against women is a major problem with lasting psychological, emotional and social effects.
Violence against women includes:
In Aotearoa New Zealand violence against women is a major problem with lasting psychological, emotional and social effects.
Violence against women includes:
- domestic violence
- dating violence
- rape and sexual assault
- sexual abuse and sexual exploitation of girls
- murder of women
- female genital mutilation
- forced and child marriage
- honour crimes
- stalking
- sexual harassment (in the workplace and in the public sphere)
- trafficking in women
- exploitation of women in the sex industry
The impact of violence against women
Women are killed and seriously harmed by violence, and all violence has lasting psychological and emotional effects.
Violence against women has a profound and damaging impact on individuals who experience violence, their children and partners, whanau / families and the community as a whole.
An Australian study found that for women under 45, violence from their partners is the leading cause of poor health, disability, and death. Violence against women is more of a health risk factor than obesity and smoking (VicHealth, 2004).
In New Zealand, violence against women continues to be minimized, justified, denied and legitimized.
Violence against women has a profound and damaging impact on individuals who experience violence, their children and partners, whanau / families and the community as a whole.
An Australian study found that for women under 45, violence from their partners is the leading cause of poor health, disability, and death. Violence against women is more of a health risk factor than obesity and smoking (VicHealth, 2004).
In New Zealand, violence against women continues to be minimized, justified, denied and legitimized.
Human rights and violence against women
Women in New Zealand are harmed and negatively affected by gender-based violence – that is, violence directed against a woman because she is a woman, or violence that affects women more than men.
Violence against women is an issue that affects us all, it not just an issue for those women who are abused, violated and harmed to deal with.
Gender-based violence is a form of gender discrimination – it is a public not a private matter.
Our government is obligated under international law to take effective steps to protect women from all forms of violence, hold perpetrators accountable and to guarantee to women equal protection of the law.
Violence against women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.
Violence against women is an issue that affects us all, it not just an issue for those women who are abused, violated and harmed to deal with.
Gender-based violence is a form of gender discrimination – it is a public not a private matter.
Our government is obligated under international law to take effective steps to protect women from all forms of violence, hold perpetrators accountable and to guarantee to women equal protection of the law.
Violence against women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.
International law
Universal Declaration of Human Rights
Full Text of the Universal Declaration of Human Rights
In 1948 the Universal Declaration of Human Rights was adopted by the United Nations General Assembly. The Declaration:
CEDAW
Full text of CEDAW
While women are clearly covered by the Universal Declaration, issues specific to women were not included in human rights law until 1979.
In that year, the Convention on the Elimination of All Form of Discrimination Against Women (CEDAW) became the first international document to comprehensively address a range of women’s rights.
Declaration on the Elimination of Violence Against Women
Full text of the Declaration on the Elimination of Violence Against Women
CEDAW did not specifically address the issue of violence against women.
The 1993 Declaration on the Elimination of Violence Against Women (DEVAW) explicitly set out ways in which governments should act to prevent violence, and to protect and defend women’s rights.
DEVAW says that:
Full Text of the Universal Declaration of Human Rights
In 1948 the Universal Declaration of Human Rights was adopted by the United Nations General Assembly. The Declaration:
- Sets out a consensus decision on the human rights of all people in relation to such matters as security of person, slavery, torture, protection of the law, freedom of movement & speech, religion, and assembly, and rights to social security, work, health, education, culture, and citizenship
- Says that human rights apply to all people equally without distinction of any kind such as race, colour, sex, language…or any other status
- Guarantees the set of rights and holds governments accountable for protecting those rights.
CEDAW
Full text of CEDAW
While women are clearly covered by the Universal Declaration, issues specific to women were not included in human rights law until 1979.
In that year, the Convention on the Elimination of All Form of Discrimination Against Women (CEDAW) became the first international document to comprehensively address a range of women’s rights.
Declaration on the Elimination of Violence Against Women
Full text of the Declaration on the Elimination of Violence Against Women
CEDAW did not specifically address the issue of violence against women.
The 1993 Declaration on the Elimination of Violence Against Women (DEVAW) explicitly set out ways in which governments should act to prevent violence, and to protect and defend women’s rights.
DEVAW says that:
- Violence against women comes from historically unequal power relations in society
- Violence will only end by addressing both the acts of violence, and the social conditions, institutions and norms that allow violence to continue
- Governments are responsible for “exercising due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the state or by private persons”.
New Zealand law
New Zealand's obligations under international law
New Zealand has signed the Universal Declaration and CEDAW. This means that our government has an international obligation to respect, protect and fulfil women’s human rights.
The New Zealand government must:
New Zealand Action Plan on Human Rights from Human Rights Commission
New Zealand’s last governmental report to the CEDAW committee
(NB National Council of Women & Maori Women’s Welfare League developed a shadow report which was the NGO perspective- it’s not on the web but will be in libraries)
Local legislation
Many forms of violence against women are illegal in New Zealand and there are some legal protections available to women experiencing violence.
All assaults on women are illegal - whether the assault is by a stranger, known person, or partner (see the Crimes Act, 1961).
Sexual violence including sexual contact with under 16 year olds and unwanted sexual contact is a criminal act.
Physical and sexual abuse by a partner or family member is is illegal under the Crimes Act. Some forms of psychological abuse are also recognised as a crime – such as threats, stalking, harming pets, and smashing property.
Victims of domestic violence can apply to the Family Court for a Protection Order under the Domestic Violence Act 1995. Once a victim has a Protection Order, all forms of abuse, including psychological abuse, count as a breach of the Order and are criminal acts.
The Domestic Violence Act in New Zealand covers a wide range of relationships:
Sex work is legal in New Zealand. Exploitation in the sex industry is not.
New Zealand has signed the Universal Declaration and CEDAW. This means that our government has an international obligation to respect, protect and fulfil women’s human rights.
The New Zealand government must:
- Recognise equality between women and men in all spheres and hold government agencies or officials accountable when they perpetrate violence against women
- Prosecute private individuals who perpetrate violence against women
- Take all necessary measures to prevent individuals or groups from violating the rights of individual women
- Ensure there are opportunities for individuals to obtain what they need – everything from food, water, housing and education, to access to organisations that defend women’s rights (like Women’s Refuge)
New Zealand Action Plan on Human Rights from Human Rights Commission
New Zealand’s last governmental report to the CEDAW committee
(NB National Council of Women & Maori Women’s Welfare League developed a shadow report which was the NGO perspective- it’s not on the web but will be in libraries)
Local legislation
Many forms of violence against women are illegal in New Zealand and there are some legal protections available to women experiencing violence.
All assaults on women are illegal - whether the assault is by a stranger, known person, or partner (see the Crimes Act, 1961).
Sexual violence including sexual contact with under 16 year olds and unwanted sexual contact is a criminal act.
Physical and sexual abuse by a partner or family member is is illegal under the Crimes Act. Some forms of psychological abuse are also recognised as a crime – such as threats, stalking, harming pets, and smashing property.
Victims of domestic violence can apply to the Family Court for a Protection Order under the Domestic Violence Act 1995. Once a victim has a Protection Order, all forms of abuse, including psychological abuse, count as a breach of the Order and are criminal acts.
The Domestic Violence Act in New Zealand covers a wide range of relationships:
- partners married or defacto
- same-sex and different sex partners
- ex-partners
- boyfriends and girlfriends (dating relationships)
- parent/child relationships
- wider family/whanau relationships
- flatting relationships (people living together in the same house)
Sex work is legal in New Zealand. Exploitation in the sex industry is not.