Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830359556.pdf (South Africa)
THE RULE OF LAW AS A DETERRENT TO ADDRESS THE SCOURGE OF GENDER BASED VIOLENCE AND FEMICIDE IN SOUTH AFRICA Presentation to: The National Council of Provinces: Parliament of the Republic of South Africa, 28 August 2020 Prof Rachel Jewkes Executive Scientist: Research Strategy and Intramural Research, South African Medical Research Council Gender and Health Research Unit, South African Medical Research Council Prof Naeemah Abrahams Interim Director: Gender and Health Research Unit, South African Medical Research Council Prevalence of GBV and Femicide Drivers Prevention & the role of law Conclusions What do we mean by gender-based violence and femicide?
Intimate femicide Intimate partner violence: physical, sexual, emotional, economic Non-partner sexual violence incl.

rape, child sexual abuse, sexual harassment Other forms of GBV: trafficking for sex, child marriage, ukuthwala etc SCALE OF THE PROBLEM : Women's experience of physical or sexual violence in the past 12 months (data from research studies conducted as part of the What Works to Prevent Violence Against Women and Girls?
Global Programme) % 70 60 50 40 30 20 10 0 * Only physical IPV South Africa (informal settlement) Bangladesh DRC Tajikistan oPT Nepal Ghana South Africa (2016 DHS) National figure from 2016 South Africa Demographic & Health Survey 20 YEARS OF SAMRC’S NATIONAL FEMICIDE STUDIES 1999 2009 2017 2020 Planned Research conducted in 2 stages: 1: Collect data at a nationally selected sample of mortuaries on unnatural deaths 2: Collect data from police on each case Intimate Femicide in South Africa • 1999: Four women a day killed by a current or ex husband and boyfriend • 2009 : Three women per day are murdered by their current/ex boyfriend or husband • 2017 : Preliminary data suggests it is between 3-4 women killed every day (expect it to be similar of higher than 2009) Femicide in South Africa: 1999, 2009 & 2017 (preliminary data) Intimate femicides as a % of all female homicides 58.0% 57.1% 50.3% 1999 2009 2017 60.0% 58.0% 56.0% 54.0% 52.0% 50.0% 48.0% 46.0% 44.0% Global IF as a proportion of all femicides = 36% GUN VIOLENCE AMONG MURDERED WOMEN Injury Mortality Survey 2017 : unweighted data – 333 women and 3 417 men killed with firearm Femicide 2017 study (40% data completed) – 1 in 5 women killed with a firearm (22%) NOTABLE FEATURES OF PERPETRATORS OF INTIMATE FEMICIDE • Notably violent men and usually this is not their first act of violence • Particularly gender inequitable world view, many have notable difficulties in (any) relationships with women • Particularly traumatic childhood experiences impacting of their personality development and sense of self, leading to feelings of being unloved, inferior and powerless – and pathological ways of seeking respect and power • Very poor relationship skills • Poor mental health and substance abuse • Many of them were raised in poverty, or have financial problems, but IF is not exclusively a problem of the poor • They are not very different from other men who are violent towards women, they are just more extreme Partner logo Drivers of gender-based violence (based on global
 literature) Structural factors Individual and relationship factors Gender inequality: patriarchal privilege and disempowerment of women Normative use of violence in multiple aspects of social relations Poverty and low education Poor communication and relationship conflict responses Poor mental health & substance abuse Child abuse, & trauma IPV (& F) Conflict and post-conflict Key interventions on drivers • Poverty reduction and enhancing school completion for girls and boys • Measures to promote gender equality and action against violence of all forms including children • Vigorous gun control • Reduction in harmful alcohol use • Extension of funding for mental health services and support for programmes with lay counselling • Much more vigorous enforcement of protection of children • Parenting programmes and support for vulnerable parents • Programmes to build gender equity and counter the use of violence throughout the community Based on a critical review of physical/sexual IPV prevention evidence 2019 Legislative contribution • This can be made in respect of reducing all of the drivers of violence through laws, promoting policies and ensuring oversight • Part of the portfolio for action lies in the domain of the CJS.
We welcome new sexual offences courts and the Person Identification and Verification Application system at police stations to apprehend ‘persons of interest’ as well as proposed reforms allowing for online applications for child maintenance and protection orders, as well as legislative amendments • A critical new role for the legislature is oversight of the work of the National Council on Gender-based Violence and Femicide, and its associated structures, in implementing the National Strategy Plan on GBV and Femicide and its budget Ten measures to support ending GBV and femicide 1.
Resources must be allocated from National Treasury for measures required for GBV and femicide prevention Effective Parliamentary oversight of the National Council on GBV and Femicide and its work in implementing the National Strategic Plan Basic income grant to reduce most severe poverty Enhancing school completion : resourcing pre-school education, teenage pregnancy prevention, homework support, oversight of DBE measures to prevent drop out before matric, action to ensure school year is not lost from Covid Gun, alcohol and drug control : enforcement of existing measures, prevention of corruption, action on illegal guns, measures to reduce harmful alcohol use and drugs Resources for evidence-based prevention programmes to change harmful masculinities e.g.
Stepping Stones and Creating Futures Resources for mental health programmes, in the health sector and through community-level interventions including psychotherapy from lay counsellors Funding for shelters, parenting programmes for vulnerable parents, more efficient maintenance, protection orders etc Stronger enforcement of existing legislation, and judicial review of sentencing Ensure solid research foundation to guide the GBV prevention strategy and monitor and evaluate its impact 2.

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Conclusions • A package of measures is required to prevent gender-based violence, including its extreme manifestation in femicide • Research shows that it is possible to prevent gender-based violence in the short to medium term with the right interventions • There is a very important legislative role that encompasses measures in the criminal justice system, but has a far wider reach with measures across a number of areas of the social cluster • There is a solid basis of knowledge from research conducted over 3 decades into measures needed for GBV prevention • The challenge for Parliament is to ensure that there is the political support and funding for the programme of work