Tag Archives: Minister for Women Tony Abbott

Domestic violence is torture and the UN Convention must be changed

12 Nov

On Monday night, representatives from the Australian government appeared before the UN Committee Against Torture (CAT) as part of a current review into Australia’s obligations under its treaty. In their submission, our government argued, “As a matter of international law, domestic violence does not fall within the scope of the Convention … as it is not conduct that is committed by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.”

In other words, violence against women does not constitute ‘torture’. Clementine Ford, Daily Life

Unfortunately, the Convention against Torture reads as follows:

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Domestic violence does not constitute torture according to the UN Convention, so the Australian government representatives are correct.

What is tragic is that the Australian government is not arguing for an amendment to the Convention that will include domestic violence in the definition of torture.

Given that the Minister for Women, Tony Abbott, has shown no interest at all in the horrific abuses against women in this country, I doubt there will be any initiatives from Australia along the lines of amending the Convention.

 

Don’t blame the victim for society’s failures

2 Apr

New legislation introduced in Victoria makes not reporting child sexual abuse a criminal offence, however, some victim support groups fear women in a domestic violence situation whose children are being sexually abused by the violent partner may be charged and imprisoned if they do not report that abuse.

At first blush the legislation appears to apply primarily to organisations, however support groups are concerned criminal charges could be laid against individuals within the family who have knowledge of the abuse and do not report it.

News Limited journalist Joe Hildebrande today added his opinion to the discussion: “Frankly to say that you’re going to not report a case of child abuse or child sex abuse by your partner because you are scared for your own safety, I’m sorry it’s not an excuse,” he said.

In my own family, my mother took no steps to protect me from sexual abuse by her husband for over five years. She was also violently abused, and the situation was at times so dire we both feared for our lives. I’m fairly certain that my mother’s fear was not just that she would be harmed if she reported her husband to the police, but that he would seriously damage or kill our whole family.

For many years I was unable to understand why my mother did nothing to protect me, and after having my own children, I found it even more difficult to understand. I also understand the state of mind of a woman who is subjected to ongoing physical, psychological, emotional and sexual abuse by her partner, and that one of the consequences of this is an inability to take any positive action at all. Obviously, this state of mind is not easily understood by people who have never experienced it, hence the all too familiar question, why doesn’t she just leave?

Much as I still struggle with having been unprotected by my mother, I can image little worse than her being charged and imprisoned for that failure.  Neither do I regard her fear for her safety, and mine, as an “excuse” for her lack of action.

I am very, very weary of the moral judgements made against women who live with violent partners. The main reason women do not just leave such situations is that there is nowhere safe for them to go, and apprehended violence orders are not worth the paper they are written on. Unless society is willing to provide many, many more safe houses for women and children, and far more support in terms of rehousing, finance and protection, women and children will not “just leave” and cannot “just leave.”

What there is no excuse for is domestic violence and the sexual abuse of children by perpetrators. Victims cannot prevent these crimes. Society can have a far more powerful impact, if there is the political will. Minister for Women, Tony Abbott, has so far had nothing to say on the topic of domestic violence, which is to my mind the most pressingly urgent matter in women’s and children’s affairs.  Some leading feminists are, unfortunately, focused largely on the lack of female CEOs and each to their own, however, when we consider that after some four decades of feminism the domestic violence statistics have not improved one iota, I have to wonder exactly what are women in positions of power and influence actually doing about this?

What I do know is that to blame and punish women such as my mother for not protecting children such as myself is to my mind an admission of defeat, and a victory for every perpetrator. A woman who is already suffering horribly, who is aware that her child or children are suffering horribly and is too afraid for their safety or lives to speak out, is not the problem here. The perpetrator is the problem here, and the society that by its despicable lack of adequate action allows these horrors to continue.

 

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