Opinion of the European Economic and Social Committee on Domestic violence against women
Date: 2006-03-16
Institutions: European Economic and Social Committee
Subjects: EU policy, EU statistics, data collection, domestic violence, fight against crime, social policy, social problem, woman

9.5.2006

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Official Journal of the European Union

C 110/89

Opinion of the European Economic and Social Committee on Domestic violence against women

(2006/C 110/15)

On 14 July 2005, the European Economic and Social Committee, acting under Rule 29(2) of its Rules of
Procedure, decided to draw up an opinion on Domestic violence against women.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 22 February 2006. The rapporteur was
Ms Heinisch.

At its 425th plenary session, held on 15 and 16 March 2006 (meeting of 16 March), the European
Economic and Social Committee adopted the following opinion by 99 votes in favour, with two absten-
tions:

1. Conclusions and recommendations

Domestic violence by men against women, whether
1.1
physical or psychological, is one of the gravest violations of
human rights: the right to life and to physical and psycholo-
gical
integrity. Since the roots of such violence lie in the
unequal balance of power between the sexes that still charac-
terises our society, it affects women at all levels of society. As a
result, the overall development of a democratic society is held
back. That is why one of the most important functions of a
European policy based on respect
for fundamental human
rights is to prevent such acts and to establish effective educa-
tional, preventive, law enforcement and support procedures.

The following comments are addressed to the EU

1.2
Council presidencies and the Commission:

The safety and equal treatment of women, which are inherent
fundamental human rights, must be basic conditions and
minimum requirements for all countries that are, or wish to
become, EU members. The EESC therefore urges the presiden-
cies of the EU Council to continue energetically addressing the
issue of domestic violence against women.

— The starting-point for such a pan-European strategy should
be a preliminary EU-wide study on the prevalence of
domestic violence against women, its impact on individuals
and society, and its financial costs.

Given that domestic violence mainly has to do with the issue
of gender equality, and that
for
Employment, Social Affairs and Equal Opportunities is respon-
sible for this area, we propose that it should be asked to lead
the effort
to develop a pan-European strategy within the
Commission.

the Directorate-General

1.4
Domestic violence against women can only be effec-
tively addressed at the appropriate national level. Each Member
State should therefore draw up a national action plan for
combating domestic violence against women in the light of the
planned pan-European strategy;
this plan should envisage
specific measures and deadlines for the practical implementa-
tion of the strategy with particular emphasis on the following
(with timetables and information on resources available):

— national

legal provisions, especially with respect

to the

police and legal systems;

— statistical assessment of domestic violence;

To the Commission, Directorate-General

1.3
ment, Social Affairs and Equal Opportunities:

for Employ-

— Although the main responsibility for combating domestic
violence lies with the Member States, the EESC believes
there is urgent need for a pan-European strategy given
that the responses of individual countries vary widely.

— Since domestic violence against women not only reflects
gender inequality but also creates it, the EESC calls on the
Commission to draw up a comprehensive strategy to
address the problem, based on existing treaty provisions.

— measures to help and support actual and potential victims
of domestic violence, especially from the point of view of
empowerment. These
specific measures
should include
relating to the employment market and the workplace;

— victims of domestic violence from specific population
groups, such as immigrants or older women and very
young women;

— preventive and punitive measures aimed at the perpetrators;

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— all measures and ideas should be planned and carried out
on a networked, inter-institutional and cross-departmental
basis;

1.8

To the Member States and the EUCPN:

— given the key role of non-governmental organisations in
preventing domestic violence against women, organising
information campaigns and training courses, providing help
and support for victims, and dealing with perpetrators, they
should be
supported financially and organisationally,
without exempting governments from their responsibility
for combating domestic violence;

— it is also important to ensure training of legal, law enforce-
ment, educational, mental health, medical and welfare
professionals whose task is to identify domestic violence at
an early stage and provide adequate help to the people
affected;

— appointment of national rapporteurs to collect, exchange
and process information and statistics on domestic violence
against women; and promotion of best-practice sharing
between the Member States, accession countries and candi-
date countries;

— the national action plans and measures and ideas contained
in them should be publicised through information
campaigns.

1.5

To the Member States:

The EESC believes it
is urgently necessary to monitor the
implementation of the proposed measures. Particular attention
should be paid to the willingness of victims and witnesses of
domestic violence to report it, since this is an indication of
trust
the legal system in general and social
services.

in the police,

1.6
In order to grasp the extent of domestic violence against
women, raise public awareness of the problem and devise effec-
tive institutional responses, data and statistics are needed at
Member State level,
though statistics can obviously never
evince all the implications of a problem like domestic violence.

1.7
To the Commission, Eurostat, the recently established
European Institute for Gender Equality and the Member States:

The EESC believes that reliable and comparable statistics on
domestic violence should be compiled without delay in all the
Member States, accession countries and candidate countries.
Work should begin immediately on developing the necessary
arrangements and provisions.

The EESC believes it is absolutely essential to find new solu-
tions for combating domestic violence against women using
preventive and punitive measures, and to provide for sharing of
information between the Member States and at European level
on projects and measures relating to good practice. It believes
that using the national media to hammer home the message
that the victim is not at fault could encourage them to speak
out about the incidents they have had to endure, which is the
first step towards empowerment. The Member States should
endeavour to harness the media to provide information about
rights, procedures and victim support facilities.

2. Explanatory statement

2.1 Extent, causes and effects of violence against women by men

2.1.1 Male violence against women has evolved over the
past 40 years from a taboo subject, regarded as the private
concern of the woman involved, into a social problem which is
fiercely debated in the public arena and in the context of crim-
inal policy. The women's and feminist movement has been
(and is) a key player in this re-appraisal, drawing attention
emphatically and repeatedly to the prevalence of male violence
against women in the home and to the unsatisfactory response
of official bodies and institutions.

2.1.2
Domestic violence against women is not a private
problem of women, but one of social policy, and is related to
the fact that women suffer structural disadvantages and discri-
mination in a society which is still dominated by men. The
problem exists in all countries and all social classes, though to
varying degrees. It affects women's ability to enter or return to
the world of work and/or their ability to perform their working
duties fully.

According to the 2002 World Health Organisation
2.1.3
report ‘Violence and Health’ (1), which analyses 48 studies on
the prevalence of violence against women, between 10 % and
69 % of women (depending on the country and assessment
method) have been physically attacked by their husband or
partner. In Europe, the German Federal Ministry for Family
Affairs, Senior Citizens, Women and Youth published a study
in 2004 entitled ‘The living Conditions, safety and health of
women in Germany’, which on the basis of various European
studies arrived at
for violence against women of
between 7 % and 45 % (2).

figures

(1) World Health Organisation (2002: World Report On Violence and
Health (www.who.int/violence_injury_prevention/violence/world_re-
port/en/summary_en.pdf).

(2) German Federal Ministry for Family Affairs, Senior Citizens, Women
and Youth (2004): Lebenssituation, Sicherheit und Gesundheit von
Frauen in Deutschland. Eine repräsentative Untersuchung zu Gewalt gegen
Frauen in Deutschland (www.bmfsfj.de).

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2.1.4
It is important to bear in mind when interpreting
these statistics that: (1) they are extremely incomplete, and (2)
their comparability, if any, is very limited. Data is based on
different definitions of ‘violence against women’; data collection
methods and sample sizes diverge significantly; and, above all,
women vary widely in their willingness to provide information
about violence inflicted on them by their partners. However, it
can be concluded from the available data that male violence
against women exists in all countries of the world, including
the Member States of the European Union, and that the extent
(prevalence) of such violence is in all countries considerably
greater than the statistics would indicate.

It is now undisputed that the type and extent of male
2.1.5
violence against women depends on the existence of patriarchal
power structures and the gender roles in the society concerned,
which is largely determined by those structures. Male violence
against women is a phenomenon whose immediate causes lie
in this case the inequality between men
in social structures,
and women. Lack of gender equality also explains why this
type of violence is not adequately studied and prevented, and
its perpetrators prosecuted. This means that the social processes
of equal rights and gender equality, and the recognition of
equal rights and freedom for women, are of key importance in
reducing such violence. Women's social status, their education
and career prospects, economic/financial
independence from
their partner, and overall degree of social inclusion are decisive
factors in enabling them to live an autonomous life with less
risk of being subject to domestic violence.

2.1.6
There is also clear evidence that violence against
women has considerable psychological, psychosocial and health
implications, for instance in terms of its effects on the health-
care system and the employment market.

2.2 Relevance to the European Union of domestic violence against

women

road towards

A milestone on the

2.2.1
re-evaluating
violence against women was the UN's Fourth World Conference
on Women held in 1995 in Beijing (China), in which all the
Member States of the European Union took part. Their repre-
sentatives and the other conference participants adopted the
Beijing Declaration and Platform for Action,
in which they
decided to take measures to prevent and eliminate violence
against women (3).

(3) The United Nations: Fourth World Conference on Women: Beijing
Declaration and Platform for Action (www.un.org/womenwatch/
daw/beijing/platform/index.html).

2.2.2
Although it is the responsibility of the Member States
to implement these measures, efforts have been made at Euro-
pean Union level to support them in their task. The emphasis
here has been on the issue of domestic violence against
women, as well as trafficking in women (see also the report
‘Beijing + 10 1995-2005’, published by
the European
Women's Lobby 2004) (4).

include

Recent measures

at European level

2.2.3
the
planned implementation of a Council of Europe decision on
the Warsaw Summit of 16 and 17 May 2005: ‘The Council of
Europe will take measures to combat violence against women,
including domestic violence. It will set up a task force to eval-
uate progress at national
level and establish instruments for
quantifying developments at pan-European level with a view to
drawing up proposals for action’ (5).

2.2.4
A report on the current situation as regards combating
violence against women and future measures, drawn up by the
Committee on Women's Rights and Gender Equality, is being
discussed by the European Parliament (6).

2.3 Analysis and proposals of the EESC

2.3.1
There is no question that there has been action at EU
level in the past few years on the issue of domestic violence
against women. Such violence is recognised as a problem in all
the EU Member States, and programmes and measures have
been introduced to raise awareness about domestic violence
and to prevent and contain it. The accession countries have
also recognised the problem and are trying to improve the
situation (7).

Relevant information is only fragmentary, and it is
2.3.2
virtually impossible to draw comparisons, since there are no
common definitions that would allow in particular statistics to
be drawn up on this form of violence, and no exact informa-
tion exists on the measures that have been taken in each
Member State to prevent, combat and punish domestic
violence, let alone ways of judging their effectiveness.

(4) European Women's Lobby: Beijing + 10. 1995-2005: Review of the
implementation of the Beijing Platform for Action by the European
Union. November 2004 (www.womenlobby.org).

(5) CM-SUIVI3(2005)7; www.coe.int/t/dcr/summit/20050517_plan_ac-

tion_en.asp.

(6) See EP Report of 9 December 2005 (A6-0404/2005) on The current
situation in combating violence against women and any future actions,
drawn up by the Committee on Women's Rights and Gender
Equality (2004/2220 (INI)).

(7) See EP report of 24 March 2004 (A5-0182/2004) on Women in
South-eastern Europe, drawn up by the Committee on Women's
Rights and Gender Equality (2003/2128 (INI)).

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In this opinion, domestic violence against women is
2.3.3
defined as violence against a partner,
i.e. psychological or
physical (including sexual) violence within a marital or non-
marital partnership, even if it occurs after a separation but is
directly connected with the prior relationship. This type of
violence is a process of control and domination that violates
the partner's freedom, and their physical, mental and sexual
integrity. Psychological violence (‘emotional cruelty’) in particu-
lar can have a considerable impact on the victim's ability to
defend herself or to end the relationship.
In most cases of
domestic violence the perpetrators seem to be men and the
victims women.

2.3.4
This violence affects not only the victims themselves,
but also other family members, especially children. Children
who become witnesses of domestic violence are always victims
of psychological violence too. They also become victims of
physical violence more often than other children. Domestic
violence cannot be considered direct violence against children.

2.3.5
Violence against children, including and in particular
that which takes place in the family context, is such an impor-
tant issue that it should be addressed separately from the issue
of domestic violence against women.

2.3.6
dations in particular have been discussed:

In the light of this situation, the following recommen-

2.3.7 Docu me nti ng th e le g a l ba si s

for p r e v e nti ng
dome st i c v i ole nc e a g a i nst w ome n a nd p r ose -
cu ti ng i ts p e r pe t r ator s, a nd i ts i mple me n tati on
i n th e M e mbe r St a te s

2.3.7.1
Current experience shows that the existence of legis-
lation is crucially important in sensitising people to this type of
violence, in preventing it and in combating it through appro-
priate action. A good example is the system developed in
Austria (since the introduction of the Act on Protection Against
Domestic Violence of 1 May 1997). Similar arrangements have
now been adopted by several European countries (8).

2.3.7.2
It is important for the discussion in the European
Union that there should be exact and up-to-date information
about the legal provisions in each country, especially with
regard to police procedures, judicial competence and in particu-
lar also the activities and interaction of other players, such as
assistance and counselling services (NGOs).

(8) Albin Dearing/Max Haller, Das Österreichische Gewaltschutzgesetz,
Wien 2000. Maria Ullmann, Der polizeiliche Umgang mit häuslicher
Gewalt in Österreich. In: Detlef Schröder/Peter Petzolt (eds.), Gewalt im
sozialen Nahraum I. Eine erste Zwischenbilanz nach Einführung des
Gewaltschutzgesetzes. Frankfurt 2004, pp. 7-23.

2.3.7.3
It is equally important to obtain reliable information
on the implementation of legal provisions in practice. Informa-
tion is available from the Member States indicating that the
existence of legal provisions alone is not enough to effectively
prevent and combat domestic violence against women.

2.3.8 St a ti st i ca l

t r e nds a nd colle ct i on of da ta on

dome st ic violen c e ag ainst w ome n

The current situation with respect to statistical infor-
2.3.8.1
mation is highly unsatisfactory: there are to date no valid,
meaningful statistical data on violence against women that can
be coordinated at EU level for purposes of comparison. The
indicators devised during the Danish presidency have appar-
ently not yet been applied.

Crime statistics from the individual Member States
2.3.8.2
if they are available at all, can at best be
on this problem,
collected by Eurostat. The Directorate-General
for Justice,
Freedom and Security reports that Eurostat is currently devel-
oping an instrument for collecting comparable crime statistics.
Neither Europol nor Interpol have addressed the issue to date.
Efforts under the DAPHNE programme are very helpful
in
terms of improving the current situation, and should definitely
continue.

Even if

2.3.8.3
the ultimate objective should still be to
produce comparable crime statistics on domestic violence, at
present
it would be more feasible to carry out surveys/
opinion polls (or ‘victim surveys’) at national level based on
comparable criteria. The EIDIV project
(European Indicators
Database on Intimate Partner Violence) funded under DAPHNE
presents proposals for a harmonised European survey that
would be comparatively simple and quick to conduct. Such
surveys could also record the intervention and activities of
agencies (NGOs).

2.3.8.4
Representative polls could also be carried out under
Eurobarometer surveys. For instance, as part of the above-
mentioned European Campaign Against Domestic Violence a
Eurobarometer
survey was conducted in which men and
women were asked their views on domestic violence. We are
informed that a new survey is planned for 2006.

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2.3.9 T h e

i mp or ta nce
vi ole nce agai nst w ome n

of

p r e v e n ti ng

dome sti c

2.3.9.1
Preventing domestic violence against women is an
imperative: however important it is to expose this violence and
break the silence, to punish it for the crime that it is, and to
help, protect and support the victims,
it is infinitely more
important that measures should be taken to prevent violence
from happening in the first place.

In the context of a comprehensive, social prevention
2.3.9.2
campaign,
information and education are particularly impor-
tant in establishing that violence by men against women must
not be accepted in a modern democratic society. At a very
early age both boys and girls must learn that boys and girls —
and men and women — are equal, and have the same rights
and the same opportunities. Gender equality must continue to
be taught throughout school and during later life.

2.3.9.3
Domestic violence has considerable effects on chil-
dren, who witness it and have to grow up in an atmosphere of
violence. Children must therefore be helped early on to perma-
nently leave the cycle of violence and learn non-violent ways of
resolving problems.

2.3.9.4
Appropriate social, economic and legal measures
should be used to ensure that the situations that are particularly
conducive to domestic violence do not arise in the first place.
These include poor material conditions, financial and economic
dependence on a partner, lack of living space, and in particular
alcohol and drug abuse. Poor social conditions can increase the
risk of violence towards women, even if domestic violence
against women occurs among all social groups.

the discussion and in activity to combat partner violence,
treated as jointly responsible and no longer seen as just part of
the problem, but also as stakeholders in the solution to this
problem. Women who have become victims of domestic
violence are no longer confined to their role of victim but
experience
empowerment. Non-governmental organisations
(NGOs) play a key role in these activities.

2.3.10.3
to mention five further issues:

Although it is impossible to be exhaustive, we wish

2.3.11 Pa yi ng mor e a t te n ti on t o th e

si tu a ti on of

mi g r ant w ome n

All the indications are that female migrant workers
2.3.11.1
include groups which are more affected by the problem of
domestic violence than comparable groups in the national
population, and that these groups also receive less public and
private support. There are many reasons for this, including the
ongoing isolation of female immigrants, restricted access to the
institutions of civil society, language barriers and sociocultural
differences, as well as sheer ignorance of support structures.
Women residing illegally in a country find themselves in a
particularly difficult situation: their residence status and the
lack of awareness of their rights prevent them from seeking
help in cases of domestic violence, although they are just as
entitled to such help as nationals and legally resident migrants.

2.3.12 G r e a te r

i nv olv e me nt
edu cational, m e ntal
we lfare p rofe ssi onals

a ll

of
he alth , me di c al

le g a l,

p oli c e ,
and

2.3.10 Pr omoti ng i nte r ve nti on p r oj e c ts a nd c oop e r a -
h e lp , w o r k w i th
op t i mi si ng

ti v e
p e r p e tr a tor s, a nd e mp o w e r me nt

g r ou p s:

2.3.10.1
Generally speaking, women who have become
victims of domestic violence obtain little support in their social
environment. Even organisations that should be involved have
often failed to see the problem or do anything about it, as they
consider it
to be a private matter. The work of women's
refuges has proved valuable; their help and support facilities
should be maintained and further expanded. It is also important
to further improve cooperation between various governmental
and non-governmental organisations and bodies, e.g. through
formal cooperative groups (‘intervention projects’).

2.3.10.2
Intervention projects and cooperative groups can
initiate and achieve changes in perspective: men are involved in

2.3.12.1
National policies in this field should aim to make it
possible for legal, law enforcement, educational, mental health,
medical and welfare professionals to spot violence at an early
stage. If the relevant professionals lack knowledge about the
it
symptoms, forms, cycles and escalating stages of violence,
will be glossed over, processes will be overlooked, and inap-
propriate measures taken — perhaps with fateful consequences.

2.3.13 R e vi e w of a cc e ss a nd con ta ct i nju nct i ons

Under

laws to combat domestic violence it

is
2.3.13.1
usually possible to issue contact and access
injunctions.
However, the objective of protecting victims from their violent
partners may also be undermined by the visitation rights of
(divorced) men to their children. Some Member States have
already introduced legislation to cover such situations.

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2.3.13.2 Many women victims of domestic violence still
have to seek protection in shelters. Despite every effort made
by such shelters, a stay there may still be psychologically dama-
ging to the victims, particularly any accompanying children.
For that reason, legal provision should be made to allow, as a
matter of principle, perpetrators of domestic violence to be
expelled from the home,
leaving it for the sole use of the
victims.

2.3.14 M or e consi de r a t i on for t h e si t u a ti on of olde r
wome n a s v i c ti ms of dome sti c vi ole nce

2.3.14.1 Women's advisory services show that it is particu-
larly difficult for older women to seek and obtain help when
they are subject to violence. In this case, gender-specific role
patterns may still be deeply entrenched. More attention should
be paid to older women as a target group in public efforts to

combat domestic violence,
in order to inform them not just
about the help available but above all about their right to help.

2.3.15
ally and in the job market in particular

Social inclusion of domestic violence victims gener-

2.3.15.1
Domestic violence against women hinders their
social inclusion generally and in the job market in particular,
resulting in marginalisation, poverty, and financial and material
dependency. The physical and psychological effects of violence
may affect not just access to work, but also the workplace
situation (absenteeism, psychological stress, change of residence
etc). There is therefore a need for comprehensive solutions to
this problem from labour market organisations, for example
through agreements between employers and trade unions
aimed at protecting and supporting female workers who are
victims of domestic violence, as is the case in Sweden, for
example.

Brussels, 16 March 2006.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND