Theoretical approaches on the necessity of elaborating protection policies on gender-based violence both in European Union and in Romania in 2011

• Author: Elise Nicoleta Vâlcu
• Position: Lecturer Ph.D. University of Pitesti, Faculty of Law and Administrative Sciences
• Pages: 310-314

THEORETICAL APPROACHES ON THE NECESSITY OF ELABORATING PR OTECTION

POLICIES ON GENDER-BASED VIOLENCE BOTH IN EUROPEAN UNION A ND IN ROMANIA IN

2011

Elise-Nicoleta Valcu

Abstract

Gender-ba sed violence is a violation of human rights and fundamental freedoms of, a s well as a

violation of the right to security and human dignity involving especia lly actions of men against women, also

being a phenomenon with victims and abusers of a ll ages, education levels, income categories or social

positions, being connected to the unequal distr ibution of force between men and women in our society.

Key words: gender-ba sed violence, domestic violence, victim, legal fra mework, gender-based equa lity.

Introduction

Starting from the opinion that gender -based violence will never be eliminated by a single intervention,

as for instance, its incr imination and sanction both at an interna tional, communitarian, and at a national level,

we consider tha t it could be reduced, a nd its consequences mitigated by a combination of a ctions in the ar eas of

infrastructur e, legal, judicia ry, education, health etc. We also recognize the importance of r eligious confessions

of an y kind by their involvement in comba ting and pr eventing this phenomenon. The specific issue of gender -

based violence is not only connected to the violence in its cr iminal sense, but also r efers to different types of

actions against women for the simple reason that th ey a re women

1, actions connected to la bor law, political

environment, social status, etc.

I. Definition and relevant provisions on “gender-based” violence concept

We can state that v iolence against women comprises a wide range of violations of human rights,

namely: domestic violence, sexual abuse and harassmen t, prostitution, human trafficking, violence against

women at their workplace, violence against women i n conflictive situations, violence against women in prison or

in health ca re institutions, as well as a series of traditional harming practices, political discriminations,

workplace violence, etc.

We consider that the most serious forms of violence against women are the ones involving

simultaneously physical and psychical abuse committed i n family and known as “family or domestic violence”.

It is well known the fact that in most cases, domestic violence is pointed against women, especially in marriages

or informal intimate relations, being committed by men and that i n most cases the abuser invokes cultural,

traditional or religious practices as mitigating circumstances, including the cases of so -called honor killings.

Regarding the legal framework we note that the Council of Europe, UN and European Union make

considerable efforts to improve the status of women both in family, as well as in society .

Thus, under the UN patronage were issued a series of juridical instruments regarding the women’s

rights, namely the Convention on the Elimination of all Forms of Discrimination a gainst Women (CEDAW), UN

General Assembly Resolution of 19 December 2006, “The intensification of the efforts for elimination of all

forms of violence against women”, Declaration on the Elimination of Violence against Women of 20 December

19932. According to UN, “the term violence aga inst women means 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” 3.

On 18 March 2011, the Committee o n Wo men's Ri ghts and Gender Equality of the European

Parliament forwarded to its communitarian co-legislator a “Report on priorities and outline of a new EU policy

framework to fight violence against women” having as landmark4 the Commission’s Strategy for equality

between women and men5 presented in 2010.

Even more we note the European Commission’s preoccupation in 2011 for drafting a directive with the

same theme to be proposed for debate in the Council and European Parliament6, but also its Action P lan for

 Lecturer Ph.D. University of Pitesti, Faculty of Law and Administrative Sciences, e-mail: elisevalcu@yahoo.com

1 Studies dedicated to gender-based violence estimate that a fifth up to a quarter of all European women have suffered from physical violence

at least once in their adult life, and over one-tenth have suffered from sexual violence, involving the use of force.

2 A/RES/48/104.

3 UN, Beijing 1995, Action Program, Point 114.

4 Were considered also the Resolution of the European Parliament of 26 November 2009 on the elimination of violence against women, OJ C

282E, 21 October 2010, p. 53; and Resolution of the European Parliament of 24 March 2009 on combating female genital mutilation in the

EU, OJ C157E, 6 May 2010, p. 52.

5 2010-2015.

6 We must note the Directive 2011/36/EU of the European Parliament and of the Council o f 5 April 2011 on preventing and combating

trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.