APPENDIX 23
Memorandum submitted by the Equality and
Diversity Forum
EXECUTIVE SUMMARY
— Domestic violence is a significant
problem largely affecting women and represents a significant breach
of their human rights.
— The state, including the police,
the education and health services and local government as well
as central government and the judicial system, has a positive
duty to protect the right to life and consequently to take effective
action to prevent and tackle domestic violence.
— There are links between domestic
violence and other forms of inter-personal violence: people facing
discrimination and disadvantage are disproportionately likely
to be victims of violence and abuse.
— Equality and human rights
organisations have a range of views about making stronger links
between domestic violence and other forms of inter-personal violence.
Some believe that making such links would lead to more coherent
and comprehensive strategies to tackle not just domestic violence
but other forms of inter-personal violence. Others fear that trying
to achieve more integrated approaches will put at risk whatever
has thus far been achieved in getting domestic violence higher
up the agenda of Government and other public agencies.
— The new Equality and Human
Rights Commission should treat tackling violence, including domestic
violence, as a priority from the outset of its work.
INTRODUCTION
1. The Equality and Diversity
Forum (EDF) is a network of organisations concerned with equality
and human rights. Its members are currently: Age Concern England,
Amicus, Board of Deputies of British Jews, British Humanist Association,
British Institute of Human Rights, Children's Rights Alliance
for England, Citizens Advice, Discrimination Law Association,
End Violence Against Women Campaign, Equality Challenge Unit,
Fawcett Society, Forum Against Islamophobia and Racism, Help the
Aged, Institute for Public Policy Research, JUSTICE, Liberty,
Men's Health Forum, Mind, Muslim Council of Britain, National
AIDS Trust, Policy Research Institute on Ageing and Ethnicity,
Press for Change, Race On the Agenda, RADAR, Refugee Council,
RNID, Runnymede Trust, Scope, Stonewall, the Age and Employment
Network, TUC, Women's Budget Group, Women's National Commission
and the Women's Resource Centre. Until their very recent absorption
into the new Equality and Human Rights Commission, the Commission
for Racial Equality, the Disability Rights Commission and the
Equal Opportunities Commission were also members.
2. The EDF is pleased to have
this opportunity to submit evidence to your inquiry into Domestic
Violence. Amongst other activities, the Forum aims to raise awareness
and encourage action on equality and human rights issues. The
EDF operates by consensus and seeks to identify the concerns that
its members have in common, rather than trying to replicate the
expertise of individual member organisations. The EDF is therefore
not in a position to give detailed evidence across the terms of
reference of the inquiry, although we anticipate that some of
the Forum's member organisations will give such evidence. However,
would like briefly to make some more wide-ranging points.
Domestic Violence as Human Rights issue
3. As your Committee is no
doubt well aware, it is estimated that on average two women are
killed every week as a result of violence from a current or former
partner[76].
Domestic violence is thus a significant cause of the breach of
women's human right to life. As the state has a clear and proactive
duty to protect the right to life, public authorities must act
both to prevent domestic violence and to tackle it effectively.
The right to life is absolute (unlike some rights, such as the
right to respect for family life, which can be qualified) so the
obligation to deal with it effectively is a very strong one. In
this context, the state includes the police, the education and
health services and local government as well as central government
and the judicial system. It is arguable that, in the light of
their obligations, public authorities are not doing enough or
giving insufficient priority to domestic violence.
4. Treating domestic violence
as a human rights issue might also help to challenge some public
complacency about domestic violence. Attitudes have changed in
recent years and domestic violence is no longer assumed automatically
to be a private matter or one in which both parties share equal
responsibility for the violence. Nonetheless, a recent survey
showed that more people would be willing to take action if they
saw someone hitting a dog than if they saw a man hitting a woman.
This suggests that there is still a worryingly high level of public
acceptance of violence by men towards their partners. A human
rights argument might, if carefully made, help to counter this
complacency.
DOMESTIC VIOLENCE
AND DIVERSITY
5. Domestic violence is a
major problem and needs to be tackled as a national priority.
If it is to be tackled effectively, policy makers and service
providers must take active account of the fact that women do not
all experience domestic violence in the same way. Some of the
differences they face are result from their experience of other
forms of discrimination or disadvantage. For example, women from
some ethnic minority communities who are facing domestic violence
may be particularly reluctant to seek help because they do not
trust the police or social services, or they not find it easy
to locate services in their first language. This is particularly
a problem for recently-arrived migrant women, who are least likely
to be aware of their rights and most likely to fear approaching
statutory services.
6. Older women seeking to
end an abusive relationship may find it even harder to do so than
other women because they are less likely than younger women to
have a job, if in work they are disproportionately likely to be
poorly paid and they are very unlikely to have adequate pension
provision. Some older women are also concerned that if they report
violence from a partner, they will be placed in residential care
against their wishes. There is also evidence[77]
of some police forces declining to categorise partner violence
involving victims over 65 as domestic violence. Disabled women
face similar obstacles and also may not be able to access support
services. This evidence of the additional obstacles some women
face in coping with domestic violence indicate that effective
approaches need actively to take account of the diversity of women
facing abuse and their different needs.
7. Lesbian, gay and bisexual
people can also experience domestic violence: some studies indicated
that one in four have experienced it. The perpetrators of domestic
violence may be the same sex partner and lesbian, gay and bisexual
domestic violence victims may be particularly reluctant to report
such attacks as they may be loath to involve the police or other
agencies because of fears they will not be taken seriously or
treated with respect. Lesbians also report that domestic violence
is sometimes prompted by the disclosure of their sexual orientation
to a male spouse, partner or former partner. This can be a unique
trigger for domestic violence and some women report being raped
as a consequence of coming out.
DOMESTIC VIOLENCE
AND OTHER
FORMS OF
INEQUALITY-BASED
VIOLENCE
8. It is widely recognised
that domestic violence is a form of violence that is rooted in
inequality. Domestic violence is not of course the only form of
violence that is directly linked to inequality: child abuse, abuse
of older people, racist violence, homophobic violence, and violence
against transgender people or disabled people are all directly
linked to forms of inequality and discrimination and each needs
to be addressed energetically.
9. There is significant evidence
that people facing discrimination and inequality are more likely
than others to experience violence. This may be violence that
is directly linked to the unequal power that is characteristic
of discrimination—homophobic bullying, for example—or
may result from the fact that many groups facing discrimination
are particularly likely to have below average incomes and people
living in poorer communities are more likely to experience violence
than those living in affluent areas.
10. Child abuse has long been
recognised as a major problem, although effective action to prevent
and tackle it is still to be consistently achieved and the links
with other forms of family violence are relatively neglected.
Abuse of older people is still largely hidden but emerging evidence
suggests it is a significant issues. Although relatively little
research has been done in relation to sexual orientation, a 1999
survey found that 66% of lesbians and gay men had been victims
of homophobic incidents and a 2001 survey found that lesbians
and gay men from ethnic minorities were even more likely to experience
hostility (68% reported homophobic abuse and 81% racist abuse)
with up to a quarter experiencing violence related to their sexual
orientation and race.
11. There is relatively limited
evidence about the abuse faced by disabled people but studies
suggest that disabled people may be four times more likely than
others to face violence. In addition, sexual abuse is a particularly
significant problem for people with learning disabilities, particularly
women. There is more evidence of the impact of ethnicity of people's
risk of facing violence and again, this suggests that being from
an ethnic minority puts people at greater risk of crimes (such
as mugging) that affect the whole community, as well as facing
specifically racist violence.
12. There is currently a debate
about the extent to which forms of violence rooted in inequality—both
inside and outside the home—are linked and how such links
might or should be reflected in policy and practice. There is
as yet limited research concerned with the extent to which perpetrators
of one form of inter-personal violence cross over with perpetrators
of others, although there is some evidence suggesting a cross-over
of perpetrators of domestic violence and elder abuse. There is
also evidence that children who witness abuse of their mother,
whether by their father or by another partner, suffer significant
ill effects and are themselves victims of abuse, either through
physical violence or the emotional abuse of witnessing violence
against a parent.
13. Equality and human rights
organisations have a range of views about making stronger links
between domestic violence and other forms of inter-personal violence.
Some believe that making such links would lead to more coherent
and comprehensive strategies to tackle not just domestic violence
but other forms of inter-personal violence. They see potential
for joined-up approaches by a range of statutory agencies. Others
are concerned at the potential for losing focus on the particular
characteristics of specific forms of violence and fear that trying
to achieve more integrated approaches may put at risk whatever
has thus far been achieved in getting particular issues higher
up the agenda of Government and other public agencies. Some domestic
violence organisations, for example, fear a return to the sort
of gender-blind approach that prevented effective action for many
years. There is widespread agreement, however, that there is a
pressing need to promote a culture of mutual respect, to challenge
prejudices and to encourage the growth of a society in which all
forms of inter-personal violence are unacceptable.
THE ROLE
OF THE
NEW EQUALITY
AND HUMAN
RIGHTS COMMISSION
14. The new Equality and Human
Rights Commission takes on its responsibilities today. The three
central pillars of its responsibilities are tackling inequality
and discrimination; promoting good relations; and promoting and
protecting human rights. As argued earlier, inter-personal violence
disproportionately affects disadvantaged groups and there is some
evidence of links between the perpetrators of domestic violence
and of other forms of abuse. Equality, good relations and human
rights are all affected by the pattern and experience of this
violence. It is difficult to see, for example, that pupils subject
to homophobic bullying and abuse at school can be said to have
an equal chance to succeed. If the CEHR is to meet the fundamental
duty set out for it in the 2006 Equality Act, we believe it must
treat tackling violence as a priority.
15. In carrying out its work
on equality and good relations, the CEHR will be explicitly required
to take human rights into account. As Liz Kelly and Miranda Horvath
have argued[78],
"human rights jurisprudence, especially in its most recent
formulations, offers a number of keys which can be used by the
CEHR to unlock an integrated approach to violence".
16. The sort of activities
that the CEHR might undertake include:
— Maintaining pressure on the
Westminster government, the devolved administrations and all other
relevant public agencies to give high priority to the issues.
— Highlighting good practice
and encouraging widespread adoption of it.
— Using its enforcement powers
(particularly those relating to the public sector gender, race
and disability equality duties) to challenge poor practice by
individual public bodies.
— Identifying new approaches.
— Encouraging the development
of a culture of respect for individuals in which violence is unacceptable
(for example, by pressing the Department for Children, Families
and Schools to promote this throughout the school system).
— Using its statutory, three-yearly
"state of the nation" report to highlight the issues.
1 October 2007
76 Although domestic violence does affect men as well
as women, overall the impact on women is considerably greater
and male deaths or serious injuries as a result of domestic violence
are rare. Domestic violence within same sex relationships is often
overlooked. Back
77
Cited by Help the Aged Back
78
From the Outset: why violence should be a priority for the Commission
for Equality and Human Rights, Kelly and Horvath, 2007 Back
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