Research Paper on Domestic Violence: A Household Pandemic That Should Never Happen

Introduction

"This should not have happened "has become a household mantra after every incidence of domestic violence. The vice is a social, legal, human rights, a physical and mental health issue. Certainly, this should never happen. Notwithstanding the special attention it has received in recent years, violence against women continues to take place. As such, violence against women is a pandemic in all measures. Furthermore, the constant failure of states to provide meaningful recourse for victims has led to rising calls by local and international bodies for the implementation of stronger domestic violence laws in numerous states

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There is sufficient reason to focus primarily on domestic abuse against women. According to the Crime Survey for England, women are more likely to experience domestic violence unlike their male counterparts with an estimated value of one million female victims compared to six hundred and fifty thousand male victims throughout the end of 2016 (The Conversation, 2016). This study demonstrates that the perpetrators of domestic violence are mostly men. While there are also male victims, indeed, it is women who suffer tremendously from physical abuse such as strangulation and sexual assault. Moreover, men under-report cases of assault than women, and hence the frequency and severity of violence against them are underrated as well.

Domestic Violence in the U.S

As regards to the Bureau of Justice Statistics, domestic abuse constitutes one in every ten violent cases of victimization. The United States government has taken several measures to address this problem. In 1994, the Violence Against Women Act (VAWA) was enacted into law to improve both victim services, arrest and prosecute the perpetrators (Yildiz, 2018). In 1995, the U. S Department of Justice established an agency on Violence Against Women. It was aimed at providing central governance and funding to help local authorities improve their capabilities for addressing domestic violence-related issues. Moreover, some states have adopted ways to train law enforcement officers on domestic violence. Specialized courts have been established in thirty-two states, as have domestic violence units in some police departments.

Such policies, while promising, are set up in separate ways without any formal structure. A survey funded by the Department of Justice found that specialized gender violence courts across the United States do not share a set of core objectives and policies. Another study put forward that police domestic violence units are severely deficient in their efforts to document injuries sustained by the victims during domestic violence. Consequently, insufficient documentation undercuts people's cases leaving them without steadfast recourse to justice.

Domestic violence cases are not taken seriously hence discouraging victims from reporting and seeking legal protection. Further impediments arise from federal laws that put victims at risk. For instance, the American Civil Liberties Union recently pointed out the adverse effects of nuisance laws that are predominant in the United States (Yildiz, 2018). When a tenant frequently calls the police, the property is labeled a nuisance. When this happens, the proprietor is required to combat the problem or pay thousands in fines. As such, it creates an inducement for property-owners to prevent further calls and take measures that may include evicting domestic violence victims. In this regard, nuisance laws can discourage victims from reaching out to the police for protection.

Similar effects can be observed from an executive order dubbed "Improving Public Safety in the U. S." In January 2017, the Trump administration signed into law this order announcing a massive expansion of internal immigration administration. The directive places all undocumented individuals at risk of extradition, including long-term citizens (American Immigration Council, 2017). The command also encourages states to implement federal immigration laws which are contrary to President Obama's administration efforts to adopt policies aimed at discouraging discriminatory practices by law enforcers. Additionally, the order encourages criminal prosecution for illegal entry into the U.S a move that dissuades undocumented domestic violence victims from seeking help.

The Cause of Justice System Deficiency

The criminal justice structure response to gender-based violence has traditionally been inadequate. Critics have put forward that authorities do not understand the nature and gravity of the vice. As a result, this leads to corrupt practices, which affects the outcome of cases and in turn contravenes the terms of the relevant justice and human rights bodies.

The justice system does not address domestic violence comprehensively because the vice is viewed as a family issue and therefore a private matter. This mentality can affect law enforcers when they devise measures to address domestic violence. In this regard, failure to protect domestic abuse victims is seen as an unfortunate incident rather than a fault of the government to protect the victims. Consequently, laws and policies governing domestic abuse should be guided differently such that the justice system has to prevent violence against women.

The problem surfaced in the American Supreme Court Case Town of Castel Rock versus Gonzales in 2005. The case featured a claim that the law enforcement agencies should be held accountable for not protecting Jessica Lenahan-Gonzales and her three girls from her estranged spouse, Simon Gonzales, who had violated a directive requiring him to keep at least one hundred yards from her and her daughters (Richards & Haglund, 2015). Despite Jessica's numerous requests, the Castle Rock Police did not enforce the restraining order by arresting Simon. As such, the girls were eventually found dead murdered in their father's truck. A legal case against Castle Rock Police was then submitted in the Supreme Court. After reviewing Jessica's complaint, the Supreme Court ruled that the police could not be charged for not enforcing the restraining order and protecting victims of domestic violence. Failure to get justice, Jessica then forwarded her case to the Inter-American Commission for Human Rights (IACHR) - a global organization that reviews human rights practices. The institution found that Jessica Gonzale's human rights were violated when the U.S the U.S failed to protect both Jessica and her children from domestic abuse. Furthermore, the IACHR put forward that all states must protect women from domestic violence since it is a severe violation of fundamental human rights.

According to the Inter-American Commission for Human Rights, member states are mandated to act diligently and take necessary action to protect victims of domestic abuse from private actors. Furthermore, it is said that law enforcement authorities should act when they are aware of an imminent risk of harm to victims (Center, n.d.). In the event of any violations by private actors, the states bears the responsibility of a due diligence investigation. When the government agencies fail to honor this obligation, they will have violated the rules of the organization. In this capacity, member states are required to take preventive measures and provide recourse against violations in public and private spaces altogether.

Given Jessica Gonzale's case, the United States governments can improve the protection offered to victims of domestic violence by integrating the policies of international human rights law into American legal practice. Such efforts include but not limited to training the police and magistrates to address domestic abuse as a public problem rather than a confidential matter. Additionally, law enforcement agencies should understand the effects of laws that increase victim exposure to assault or make them fearful of reporting cases of assault. Besides, to make progress against the menace, American law enforcement should take proactive measures to protect women against domestic abuse. As such, they should also take responsibility when they fill to do so. The victims might develop trust in the legal system and will be more likely to seek help from the local authorities.

Conclusion

As with most modern-day facts, domestic abuse has historical backgrounds mainly based on cultural standards. In most cultures, men had the tendency to use violence as a means to enforce authority over their women. Also, while laws have progressed, their implementation continues to attract criticism worldwide. It is only recently that specific laws against domestic violence started being introduced. These laws began gaining popularity worldwide, mainly driven by global and regional human rights movements. Increased awareness and a mounting uproar surrounding cases of domestic abuse call for the adoption and ratification of more specific and better laws. As such, laws protecting women from domestic violence is vital to reduce impunity and to increase possibilities for restoration.

References

American Immigration Council. (2017, May 19). Summary of Executive Order "Enhancing Public Safety in the Interior of the United States." Retrieved from https://americanimmigrationcouncil.org/immigration-interior-enforcement-executive-order

Center, I. J. (n.d.). Inter-American Human Rights System. Retrieved from https://ijrcenter.org/regional/inter-american-system/

Richards, D., & Haglund, J. (2015, February 11). How laws around the world do and do not protect women from violence. Retrieved from https://www.washingtonpost.com/news/monkey-cage/wp/2015/02/11/how-laws-around-the-world-do-and-do-not-protect-women-from-violence/?utm_term=.3a4394514422

The Conversation. (2016, December 22). The law should protect all victims of domestic violence - but women need it most. Retrieved from https://theconversation.com/the-law-should-protect-all-victims-of-domestic-violence-but-women-need-it-most-70684

Yildiz, E. (2018, September 27). How International Human Rights Law Can Contribute to the Prevention of Domestic Violence. Retrieved from https://scholars.org/brief/how-international-human-rights-law-can-contribute-prevention-domestic-violence