Law and gender

SPECIAL

2009 2010

EDITION

LAW&gender Women’s rightS centre – poland

On

10 December 2009, the European Parliament in Brussels hosted a public hearing on violence against women, organized by the Women’s Rights Centre in co-operation with women MEPs, Britta Thompson and Eva Svenson, the chair of the committee on Women’s Rights and Gender Equality. The preparation of this important event was also supported by two Polish MEPs, Lidia Geringer de Oedenberg and Joanna Senyszyn.

The main goal of the hearing was to call upon the EU to adopt a legally binding instrument, preferably a directive, on combating violence against women.

Apart from the above mentioned MEPs, the speakers included: Urszula Nowakowska, the director of the Polish Women’s Rights Center and the author of the project; Rosa Logar, the director of Domestic Violence Intervention Center in Vienna; prof. Carol Hagemann-White, the head of the Women’s Studies at the University of Osnabrück, Angela Beausang, the director of the Swedish Women’s Shelters and prof. Roman Wieruszewski from the Polish Academy of Sciences in Poznań.

All speakers emphasized the gravity of the problem as a human rights violation and the most harmful form of discrimination against women,

„Law&Gender” is the special, English language issue of the journal “Prawo i Płeć” published by the Polish Women’s Rights Centre since 2000.

Editorial Office: Women’s Rights Centre 60 Wilcza Street, app. 19, 00-679 Warsaw tel. (+48-22) 622-25-17 tel./fax (+48-22) 652-01-17 www.cpk.org.pl e-mail temida@cpk.org.pl

which requires a more determined and comprehensive approach, both at the national and the EU levels.

The panelists supported and justified the proposal for the directive. Rosa Logar, Angela Beausand and Carol Hagemann-White outlined various general models and strategies to combat gender-based violence, prof. Wieruszewski explained why the EU has not only competence to adopt a binding instrument against gender based violence but in fact – in particular after the entry into force of the Lisbon Treaty – is under obligation to do so and Urszula Nowakowska pointed out the role of moral and political will necessary to end violence against women – the will to move from declarations to binding laws.

Britta Thompson and Eva Svenson spoke about the recent steps against gender based violence taken within the EU legal framework and promised to continue their work against gender-based discrimination, including particularly the proposal for a directive on combating violence against women.

After the hearing, the participants saw the play “The BALLAD OF SWEET DAPHNE” performed by the therapeutic theatre run by the Women’s Rights Centre.

(AD&UN)

Editors in chief: Andrzej Dominiczak Urszula Nowakowska Editorial staff: Elkie Pupek, Bożena Witowicz, Sławomir Dąbrowski Translators: Andrzej Dominiczak, Nyegosh Dube, Elkie Pupek

This publication was made possible by a grant from the European Union’s Daphne III Programme: Prevent and combat violence against children, young people and women and to protect victims and groups at risk.

Acknowledgements: The editors would like to express their sincere gratitude to the following friends and representatives of the Center For Inquiry Transnational for their help in editing and proofreading of this publication:

Beth Ciesielski (CFI Bucharest, Romania), Bill Cooke (CFI Auckland, New Zealand), Marcin Łakomski (Berlin, Germany), Joy Judd (Warsaw, Poland), Peter Barrett (Armidale, Australia) and Howard Clark (Madrid, Spain).

ISBN: 978-83-89888-22-8

Second edition

Fro m t h e e d i to r 

more effective eradication. A growing number of women would like to change this situation, as experience show that in the face of persistent patriarchal and sexists attitudes declarations and recommendations are not sufficient to safeguard women’s and children’s lives and protect their health and wellbeing.

So the time has come out to take another step and prove that Europe really wants to become a safer place for women and children. We need to turn moral indignation into political will and move further: from declarations to binding laws.

So far, the opponents of the idea that the European Union should be directly involved in combating violence against women and adopting binding laws against it, claimed that the EU has no competence to do so. But is it really lack of competency that has been the main barrier for the EU to tackle the issue of gender based violence in a more constructive and comprehensive way? In our opinion, it is not. If we agree that the root causes of violence against women lie in the unequal distribution of power and if we understand the interdependence between gender inequality and men’s violence against women, there is no doubt that the EU can recognize its mandate to take binding legal measures. Especially now, since the Lisbon Treaty and the Charter of Fundamental Rights have been finally adopted, there is no doubt that the EU has a solid legal ground to combat violence against women. The only missing element is political will.

It is commonly recognized that men’s violence against women is a violation of fundamental human rights: of the right to life, to safety, to dignity, to physical and mental integrity, to sexual and reproductive choices and the right to health. Vio-

F r o m t h e e d i t o r:

Political and moral will to end violence against women: from declarations to binding laws Equality between men and women is one of the fundamental principles of the European Union. It has been recognised as such in the Lisbon Treaty and in the Charter of Fundamental Rights. The EU has adopted two approaches to tackle this social plague. They combine specific measures to combat gender discrimination and ensure equality with the approach known as gender-mainstreaming where the issue of equality is dealt with in the broader context of other policies aimed, for example, at eradicating poverty, improving working conditions or access to education and health services.

In recent years, the evolution of the EU gender equality policy has led to the broadening of the EU agenda to include such issues as spousal abuse, female genital mutilation or trafficking in persons.

However, although the problem of violence against women is currently dealt with more seriously than before, so far, the European Union has not adopted any legally binding instruments to ensure its

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lence against women in its most extreme form leads to the killing of women. It is an obstacle to women’s participation in social, political and public life, as well as in the labour market. It contributes to the marginalisation and impoverishment of many women.

Another important reason for addressing violence against women at European Union level is the increasingly growing movement of people between the EU member states. Violence against women knows no borders. It affects women and children regardless of their nationality and social status; it cuts across boundaries of age, race, culture and wealth. It takes place in the home, in the streets, in schools, at the workplace, in farm fields, refugee camps, during conflicts and crises. To tackle it more effectively, we need to develop a common and standardized laws and policies.

The number of women victims of gender-based violence is alarming. The study commissioned by the World Health Organization found that violence against women and girls is a problem of pandemic proportions. Up to 70 percent of women experience physical or sexual violence from men in their lifetime: the majority from husbands, intimate partners or someone they know. Among women aged 15–44, acts of violence cause more deaths and disability than cancer, malaria, traffic accidents and war combined. Perhaps the most pervasive human rights violation that we know today, violence against women devastates lives, harming families and communities.

Gender-based violence not only violates human rights, but also hampers productivity, reduces human capital, undermines economic growth and generates costs. As research of Sylvia Walby (University of Leeds) shows in Great Britain

the total cost of domestic violence to services (Criminal Justice System, health, social services, housing, civil legal) amounts to 3.1 billion, while the loss to the economy is 2.7 billion. This amounts to over 5.7 billion a year. A 2003 report from the US Centers for Disease Control and Prevention estimates that the costs of intimate partner violence in the United States alone exceeds US$5.8 billion per year: US$4.1 billion account for direct medical and health care services, while productivity losses account for nearly US$1.8 billion due to absenteeism. The estimate of costs provides an additional perspective for examining the devastating consequences of domestic violence for society as well as for victims.

This year we celebrate the 10th anniversary of the UN resolution establishing the International Day for the Elimination of Violence against Women. This is a time not only to call the Member States to improve their national laws and policies to combat all forms of violence against women. This is also a time for the European Union to unite against gender violence and adopt a European directive aimed at preventing and eliminating all forms of violence against women. We need the directive and standardized programmes to prevent and combat violence against women across the European Union. The principle of subsidiarity shall not apply here. It does not cover the fundamental rights and freedoms of European citizens and it does not cover the problems that can be best solved at the EU level. The positive obligation to take steps necessary to prevent and combat violence against women lies not only on national authorities but also on the relevant international bodies.

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An important structural problem that should be taken into account is the language of the public debate, of the laws, policies and programmes. In some countries the concept of gender based violence and violence against women is not even preset despite the effort of women’s NGOs to introduce it to the public debate. Several countries adopted laws on domestic violence, but in some of them, the legislation is gender-blind, thus not providing effective measures to protect women and children against domestic violence. This, for example, is the case in Poland, Estonia or Hungary. The EU standards for service providers still haven’t been fulfilled in many member states. NGOs in many countries are still not considered important actors in the field of service provision or equal partners in implementing national programs and policies. Some countries have almost fulfilled their obligation concerning space in shelters, while other have very few specialized shelters for women and children. In Poland, most women fleeing violent partners are accommodated in shelters for the homeless or in the so called Crisis Intervention Centres, which have gender neutral policies and do not provide specialized services for battered women and children. Even those very few, so called Specialized Support Centres, do not pursue gender specific policies and their addresses are publicly available, so male perpetrators who try to avoid prosecution by claiming that they have been abused, may be accommodated there. The access to public funding for NGOs has no transparent rules, which may result in the closing of services provided by highly pro-

recommendations. The main reason, however, seems to be the evident lack of political will to make a change and introduce an effective legal and institutional measures addressing the problem of gender violence. Our experience shows that it is only strong international pressure, as it was in the case of the obligatory harmonization of domestic laws with the EU acquis communautaire, that may compel some national governments to take actions. International institutions, such as the UN, EU and Council of Europe, have already contributed significantly to improve the legislation and institutional framework to protect women against gender violence. Without their directives, declarations, and recommendations combating violence against women and children would be much more difficult. However, due to the cultural and political barriers, existing soft laws and good practices are still not sufficient, so a binding EU law seems to offer the only hope for many European women.

As Sylvia Walby, the UNESCO Chair in Gender Research, based at Lancaster University, said at the recent EU Conference in Stockholm, “It is time to overcome hesitation as to whether the EU level is relevant to the improvement of policies to combat violence against women”.

So, let me call upon the European Union and its decision making bodies to strengthen the union and take an important step, or perhaps a leap forward to suppress gender violence by adopting the European directive on combating violence against women. This may not eradicate violence entirely but it would certainly improve the quality of life of millions of women and children all over Europe and could save thousands of lives each year.

fessional NGOs, such as WRC. There are many causes of the problems with the implementation of the EU

Urszula Nowakowska

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Contents

From the editor:

Urszula Nowakowska

Political and moral will to end violence against women: from declarations to binding laws

2

Gender based violence: what it means and what harm it does? Introductory remarks

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Herstory: Maria

Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE Carol Hagemann-White

Roman Wieruszewski Liz Kelly Rosa Logar

Legal frameworks for the protection of women against violence: diversity and the need for coordination EU legal framework for combating gender based violence What a waste: the case for an integrated violence against women strategy National and international measures to prevent domestic violence against women and children

Herstory: Magda Monika Ksieniewicz

Council of Europe on violence against women: genesis of the Convention Parliaments united in combating domestic violence against women: handbook for parliamentarians European Parliament resolution of 26 November 2009 on the elimination of violence against women

Herstory: Dorota

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11 16 20 31 38 41 44 52 58

Co nte nt s 

Part II: POLAND – Women’s Hell on the eastern EU border Andrzej Dominiczak: Małgorzata Dziewanowska, Viktoriya Khomuk, Liat Krawczyk: Justyna Podlewska: Danuta Duch:

In defence of the “sacred family”: Polish state against women’s rights Airing the dirty laundry: exploring the challenges of domestic violence in Poland

65 Sanctioned rape

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Money and power in the family

74 84

Herstory: Anna Agnieszka Graff: Wanda Nowicka: Adam Szymura: Andrzej Dominiczak, Dagna Ślepowrońska:

The quagmire effect. On the special role of the Catholic Church in Poland Every sperm is sacred: gametes more important than people The scent of wild roses Passion: women drop their masks and mend the world

Herstory: Ire na Piotr Szumlewicz: Ewa Majewska: Małgorzata Tarasiewicz:

Equal but cheaper: women’s capitalism is not good for women The political economy of the ban on abortion Polish women break the glass ceiling

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85 94 97 104 108 112 117 122

Gender based violence: what it means and what harm it does?

Introductory remarks

Violence against women – definition

Domestic violence is a major health problem and one of the main causes of death or disability for women of reproductive age Gender-based violence, including rape, domestic violence, mutilation, murder and sexual abuse is a profound health problem and a significant cause of female morbidity and mortality. While violence committed within the family is still considered to be a private matter, statistics shows that for women between 16 and 44 years of age, domestic violence is thought to be the major cause of death and invalidity, ahead of cancer, road accidents and even war.2 Therefore, domestic violence

The term “violence against women” refers to any act of gender-based violence which causes, or is likely to cause, physical, sexual or psychological harm or suffering to women. It includes the threat of such acts, coercion and arbitrary deprivation of liberty, occurring either in public or in private life.

This definition applies, among other things, to violence occurring in the family or home, including physical and mental aggression, emotional and psychological abuse, rape and sexual abuse, incest, rape between spouses, regular or occasional partners and cohabitants, “honour” crimes, genital and sexual mutilation, and other traditional practices which are harmful to women, for example, forced marriages.

Introductory section has been based on the first part of the publication by the Council of Europe “Handbook for Parliamentarians – Parliaments United in Combating Domestic Violence Against Women”.

2 Council of Europe Recommendation 1582 (27/09/2002) *

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G e n d e r b a s e d v i o l e n ce : w h at i t m e a n s a n d w h at harm it does? Introduc tor y remarks 

should be treated as a political and public problem, and a violation of human rights.

proportion of women in the total population who have suffered acts of violence) varies with the method used, but an overview shows that no less that one quarter of all women in the countries surveyed have experienced physical violence at least once in their adult lives, and that more than one tenth have suffered sexual violence involving the use of force.3 The perpetrators were usually men in their immediate circles – most frequently partners and ex-partners.

A significant number of women are victims of domestic abuse – repeated physical, emotional and sexual abuse which can, and does, cause fear, distress and, very often, damage to women’s health. Studies currently under way in several countries suggest that 12% to 15% of all women have been in a relationship of domestic abuse after the age of 16. The figures for physical and sexual assault by former partners, with whom the victims are no longer living, are a good deal higher – which shows that the danger persists, even when women have ended abusive relationships.4 Alas, these figures do not reflect the full reality of domestic violence against women, but merely the tip of the iceberg.

Domestic violence is an assault on human dignity It is internationally recognised that violence against women, including domestic violence, is an assault on human dignity. A global problem, it has been discussed at various international conferences and in various international texts (United Nations Conference on Human Rights, Vienna, 1993; Declaration on the Elimination of Violence against Women, adopted by the General Assembly of the United Nations on 20 December 1993; 4th World Conference on Women, Beijing, 1995). One result of all this has been the appointment of a special United Nations Rapporteur on violence against women, its causes and its consequences. On the International Day for the Elimination of Violence against Women, the current Special Rapporteur, Ms Yakin Ertürk, declared that, notwithstanding decades of effort to eliminate violence against women, this was still “perhaps the most widespread human rights violation”.

For many years, the Council of Europe, too, has been working on the various human rights aspects of this problem. On 30 April 2002, the Committee of Ministers adopted Recommendation Rec (2002)5 on the protection of women against violence, which provides a framework for a global approach.

Combating violence against women – a positive obligation for states All the Council of Europe’s member states have ratified the United Na3 According to numerous recent studies, the proportion of women who have experienced violence at the hands of their husbands or partners is actually much higher and exceeds 50%. Compare for example: Liz Kelly, What a Waste: The Case for an Integrated Violence Against Women Strategy (in this volume).

4 Source: CDEG (2006) 3, Combating violence against women: stocktaking study on the measures and actions taken in Council of Europe member states, Dr Carol Hagemann- White, University of Osnabrück, Germany, Directorate General of Human Rights, Strasbourg, 2006, pp. 9-10.

Domestic violence – extent of the problem in Europe Since 1995, an increasing number of European states have launched large-scale surveys to gauge the extent of violence against women. The prevalence figure (the

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tions Convention on the Elimination of All Forms of Discrimination against Women.

In its General Recommendation No. 12 on violence against women (6 March 1989), the Committee on the Elimination of Discrimination against Women, which monitors compliance with the Convention, noted that states parties are required to act to protect women against violence of any kind occurring within the family.

In General Recommendation No. 19 (29 January 1992), the Committee further made the point that: “Under general international law and specific human rights covenants, states may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.” It accordingly recommended that “states parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act”.

The European Court of Human Rights regularly reminds Council of Europe member states that the European Convention on Human Rights requires them to pass and enforce laws to ensure that the rights listed in the text are respected, inter alia, by adopting “measures designed to secure respect for private life even in the sphere of the relations of individuals between them- selves”.5 Finally, a declaration adopted at the 3rd Council of Europe Conference on Equality between Women and Men (Rome, 21-22 October 1993) noted that “the responsibility of states is engaged with regard to acts

of violence carried out by public officials, and may also be engaged with regard to private acts of violence, if the state does not take action with sufficient diligence to prevent the violation of rights or investigate acts of violence, to sanction them and provide support for the victims”.

Domestic violence – the cost to the community Gender-based violence affects not only the immediate victims but also the entire community. The high cost of gender-based violence is a serious bur- den on society, governments, individuals, organisations and businesses – which is why it has ceased to be just a private problem, and become a social and public problem, in urgent need of a solution.

Some Council of Europe member states have actually estimated the costs involved.

Most of their research focuses on domestic violence against women – physical, psychological or sexual violence perpetrated by men, with women as the victims.

Its costs are felt across a broad spectrum: health care, social services, the economy, police, criminal and civil justice, and housing. These studies vary greatly in method and scope, making it hard to generalise from them. Taking a mean figure, €40 is the likeliest estimate we have of the annual per capita cost. In other words, a country with a population of 10 million faces an annual bill of some €400 million for intervention, policing, health care and services, while the annual cost of domestic violence alone in the whole Council of Europe area runs to at least €33 billion.6

Source: ECHR, case of X and Y v. the Netherlands, No. 8978/80, judgment of 26 March 1985, and ECHR, case of M. C. v. Bulgaria, No. 39272/98, judgment of 4 December 2003.

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Source: CDEG (2006) 3, op. cit., pp.10-12

H e r st o r y

The story of Maria

I met my future husband at the wedding of his cousin. He was the best man and I was the bridesmaid. He immediately took a fancy of me. At that time, I was still not interested in men, so I hardly took any notice of him. Two or three months after the wedding, I went to a dance in a nearby village. I walked alone through the forest. Suddenly, someone threw a sack over my head, struck me and raped me. It was him – the best man from the wedding.

Next day, he came to my mother and told her what he had done. He wanted to marry me. Some time later, when it turned out that I was pregnant, I had no choice. I married him. My family insisted, actually forced me to do so. But I made it clear: I told him that I would marry him just because of the child but there will be no love between us. Maybe some day, I can forgive him. I was 17 years old and he was about 9 years older. He drank a lot. He said he would try to be a good husband, but I still did not like him.

Soon, I gave birth to a daughter. Over the next three years our marriage was not bad. Something began to deteriorate when I moved out from my mother, He fell into bad company and started to drink more again. He beat me often. He was drunk every day, acted like my lord and master and did not tolerate any objection. He threatened me that he would beat me even more, if I breathed a word to anyone – he even threatened to kill me.

Once, a cousin of my husband dropped a hint that he was treated psychiatrically. His family denied it.

He often beat me so badly that I lost consciousness. He beat the children too. He was not interested in our family any more.

He did not give me any money. After another fight I fled to my mother. Next day, he came, threw himself on his knees and apologized. I returned to him. Soon I ran away again and came back to him again. When I couldn’t stand it any more, I fought off. He called me nasty names.

I got a black market job. He didn’t like it. At that time, my mother took care of our six children, who were terribly afraid of their father. They turned to me with everything.

Once, I asked for police assistance. But they are not interested in family matters. Only when I was badly battered, my husband was arrested and convicted of cruelty to his family. He was fined 620 PLN1, which caused great damage to the family budget. He tried to sexually harass our daughters. I told him then that I would never allow incest. And so it was for 25 years.

One Children’s Day, he attacked me with an axe. I clasped his hand and somehow he was struck with the head of the axe.

My daughter called the doctor. I was in shock. I was sentenced to 9 years in jail. I have already served 3 years and 6 months.

I did not want this tragedy. I was at the end of my tether.

1

About 150 euros

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Legal frameworks for the protection of women against violence: diversity and the need for coordination*

Carol Hagemann-White

ate prosecution. With respect to civil law, the recommendation is less explicit, mentioning only compensation for damages. Measures of protection, such as banning a perpetrator from the home, are described only as actions by the judiciary.

There is no mention of the victim’s right to request such measures or to decide if these fit her needs. Thus, within the triple obligation of the state – to prevent, protect and punish human rights violations – the role of legal measures is most clearly set forth with regard to punishment. This is a weakness of the Recommendation, especially since, overall, the former socialist countries in Europe cannot build on a strong tradition of civil law and citizen’s rights. It is to be hoped that the present process of drafting a European Convention on Violence Against Women will overcome some of these weaknesses as awareness of the complexity of the problem has grown.

The Recommendation articulates as its fundamental principle that all meas-

In 1993, the year of the Maastricht treaty, both the United Nations General Assembly and the Committee of Ministers of the Council of Europe recognized violence against women as a grave human rights violation. As a result, the Member States must not only refrain from violating rights directly, but also exercise ‘due diligence’ in redressing violations and in protecting citizens from further abuses. To this end, “Recommendation Rec (2002)5 on the protection of women against violence”, adopted by the Committee of Ministers of the Council of Europe in April 2002, presented a comprehensive approach. It outlines a consensus on general principles and introduces necessary measures in services, legislation, policing, work with perpetrators, awarenessraising, education, training and data collection. Beginning in 2006, the “Campaign to combat violence against women, including domestic violence” has aimed to consolidate this consensus.

Member states are urged to ensure that every act of violence against women is punishable, to take swift and effective action against perpetrators, to investigate and prosecute acts of violence and to enable the public prosecutor to initi-

* This is the text of the address delivered at the hearing on violence against women held in the European Parliament in Brussels on 10 December 2009.

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Le g a l f ra m e wo r k s f o r t h e p ro te c t i o n o f wo m e n a gainst violence: diversit y and the need for coordination 

ures should be aimed at empowering victimized women and their free exercise of basic rights, ensuring all necessary measures of protection, support, and services.

Such measures require legislative frameworks if they are to be equally available to all, ranging from civil law redress to the regulation of access to benefits, and they also require specifically trained services.

Even with prolonged efforts to reduce violence against women, it has been found that criminal law measures are never enough, and can be even completely ineffective, unless flanking measures are taken. Family law, police law, social welfare and labour law are all involved in securing women’s rights and responding adequately to violence. Since legal systems and social institutions differ, strategies must be crafted differently to fit each country. With the Lisbon treaty, the EU has new potential for ensuring that diverse countries all meet minimum standards of life free from violence.

Thus, there are two sides to legal strategy: deterrence and punishment of acts that cannot be tolerated, and protection from harm, including support of recovery and of self-determination for victims. In practice, these two interact in a number of ways. Most obviously, sanctions against violence are rarely effective unless victims/ witnesses are able and willing to co-operate. Precisely because violence against women is a structural problem in society, victims often find it extremely difficult to pursue sanctions. The state must not make victims responsible for the decision to prosecute. Furthermore, penalties can rebound with harm to the victim, for example, when he is made to pay a fine and she is financially dependent on him, or when it is easy for him to intimidate her or take revenge. On the other hand, sanctions serve justice and underscore for the victimized woman that she has rights.

To achieve this, however, legal measures

must be carefully set up and actively monitored, so that they ensure her safety and well-being throughout. With fundamental rights as the common foundation, Europe cannot accept different degrees of safety depending on where women happen to live, and indeed, economically cannot afford to be indifferent to violence.

In 2005, my team assessed the available studies calculating the cost of violence against women in Europe1. The estimates were conservative, since most had prevalence data only for domestic violence, and focused on policing, health care and shelter. Even so, the middle range of estimates lay between 20 to 60 Euros for every person in the population per year. On average, then, a country with a population of 10 million would be carrying a financial burden of intervention, policing, health care and services of at least 400 million Euros each year merely due to violence against women. This money is not being spent effectively, because it is deployed neither to stop violence from continuing, nor to prevent it. The real costs however are higher than these calculations show. Quite aside from the cost in fear, pain and suffering incurred by women, unchecked violence leads to substantial losses in business due to ill-health consequences, such as unpredictable absenteeism from work, reduced productivity, poor concentration and accidents. Considerable costs accrue from long-term diminishment of health status, since women with a history of violence not only require on average more health care, they are more likely to need, for example, the support of their adult children later in life. Not included at all in such calculations are the traumatic long-term effects of violence on women and children. Violence in the home breaks up the family as Hagemann-White, Carol (2006): Combating violence against women: Stocktaking study on the measures and actions taken in Council of Europe member States. Strasbourg: Council of Europe

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Carol Hagemann-White 

a unit, first destroying it within and in time breaking it apart; it undermines the functions and tasks of families in the modern world. The discussion of legislation poses the question of the political will to overcome violence against women by investing in policy, prevention and provision. Allowing gender based violence to continue and to reproduce itself not only ignores human rights, it is also expensive.

In the past decade, legislation has become a major arena in Europe for addressing the various forms of violence against women. Measures may be located in criminal law, civil law, administrative law (e.g. police law, procedural law), family law or social welfare law. These domains of the law are connected in different ways in different legal systems. Furthermore, many states interpret existing laws (for example, with regulations, protocols, guidelines or ordinances) to make their application clear.

On the surface, there seems to be growing agreement on what is needed (expressed in a number of parliamentary resolutions at the European level – see Appendix). For example, (1) there is widespread agreement that rape should be defined more broadly than in the past and the law should be based on the right to sexual selfdetermination, penalizing different forms of sexual assault and abolishing exemptions for rape within marriage. (2) There is an overall trend to see abuse and violence within an intimate partner relationship as a more serious, rather than a less serious offence. In particular, there should be an end to impunity: (3) The COE recommendation that member states should ensure that criminal proceedings can be initiated by the public prosecutor has lead to number of changes defining some forms of violence against women as ex officio offences. (4) The idea that the victim of domestic violence should have the right to stay in her home, and it is the perpetrator who should be forced to leave, has gained

currency across Europe. It is increasingly recognized as the duty of the state, and in particular of the police and the courts, to protect women from further violence, and (5) legal provisions for restraining orders and civil protection orders are being instituted, although – regrettably – only for domestic violence, and seldom for protection against stalking or the threats following sexual assault, for example.

As heartening as such trends may seem, a closer look reveals that, in fact, these measures can mean very different things.

For example, the Regan/Kelly report2 based on questionnaire responses from 21 member states for the period 1980-2003 found conviction rates for rape to be sinking – in some cases dramatically – across Europe, while women’s reporting of sexual attacks has increased. Thus, while the improvements in rape laws seem to have encouraged women in many European countries to report rapes – or taught police to actually record the rape complaints that they may have shrugged off in the past – the number of convictions has not risen accordingly, and even went down. The great majority of European countries still define rape as sexual intercourse imposed through the use of force, or when a woman is defenceless and unable to resist. Very few make lack of consent the measure of rape, as in the UK and in Belgium, where it is a sexual offence if the perpetrator either knows that the other person does not consent, or is reckless regarding consent.

There are some tensions and contradictions among the measures being recommended. Nearly all countries in the Council of Europe now penalize rape within marriage, at least nominally. Several member states (Greece, France) have recently lifted the marital exemption, and 2 Regan, Linda and Kelly, Liz, Rape: still a forgotten issue. Briefing document for strengthening the linkages, London 2003

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Le g a l f ra m e wo r k s f o r t h e p ro te c t i o n o f wo m e n a gainst violence: diversit y and the need for coordination 

the few remaining may be expected to follow. However, provisions that violence within the family or within couple relationships is an aggravated offence calling for a higher penalty are not easy to reconcile with the goal of removing special provisions and treating every act of violence against a woman as equally serious. There is, after all, a long and oppressive tradition of taking sexual violence lightly, particularly if the woman had been out of the house in public places without a man to protect her. Surely we don’t want to return to that. Some of these laws are general procedural provisions applying to many offences, in other cases the penal codes now define some acts of bodily harm as a distinct, more serious offence, for example “maltreatment of a family member”.

These provisions are rarely gender-sensitive and might penalize a woman who acts in self-defence. And alongside the definition of aggravating circumstances we also find, sometimes in the same legal system, rules requiring a complaint of the victim, a condition traditionally attached to minor offences such as trespassing.

Legislation defining violence within the couple relationship as an ex officio offence – meaning that the public prosecutor should initiate prosecution – are not infrequently undercut by provisions permitting the victim to agree that prosecution be dropped. This exposes the victimized women to pressure, coercion or threats of retaliation if she does not withdraw her complaint. Furthermore, many legal systems allow prosecutors to set priorities and handle “everyday” cases of violence against women as not urgent; indeed, they may stay on the waiting list for so long that prosecution is precluded.

Country by country, a closer look must be taken at when and why prosecution is initiated and pursued by the statutory agency responsible for punishing human rights violations.

Protective measures are found in a wide range of approaches. Austria pioneered the idea of evicting the perpetrator. Police officers are required to expel from the home a person who poses a danger and prohibit his return for a set period. The decision lies with the police officers, not with the victim. Data are sent to an advisory centre within 24 hours to ensure that the victim receives information and support. At the women’s request, a court order can extend the police ban.

This idea of evicting the perpetrator has found an echo in other countries, and the Parliamentary Assembly declared it one of 7 priority measures for all member states.

But in many laws, the police are not authorized to act directly, and a court eviction order can only be obtained after criminal proceedings have begun. Such measures could be self-defeating, since a woman who is not in safety from further threats and violence is unlikely to take the risk of making a statement, and as a result, there is likely to be no criminal case.

Similarly, restraining orders are being introduced as measures of protection, at least for women exposed to domestic violence, but they also can be dependent on criminal proceedings. Yet women as citizens must have the right to ask for protection from potential illegal actions before they occur, and not have to wait until after harm has been done. Many of the more recent legal provisions for restraining orders also lack any enforcement measures to ensure compliance.

Most of the violence experienced by women is perpetrated by men within their circle of social relationships. But people generally hesitate to take a family member to court. Overwhelmingly, what women want is to feel safe from further threat of violence – not incidentally, the Swedish Comprehensive Act in 1998 was called “Women’s peace”. Our research network “Coordination Action on Human Rights

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Violations”3 carried out multi-country reviews of evaluation results, with reports on the justice system as an arena for the protection of human rights for women and children4, and on agencies and services5.

Together, they underline that the inter­ actions among measures are absolutely crucial to progress. As well as evaluating legislation and services separately, assessing the interaction between the two is essential to the evaluation of good practice.

Given the differences among legal systems and institutional regimes, it is not easy to declare a model legal framework to be applied across Europe. Not only do common law and codified law differ in how they can regulate rights and penalties; the powers and responsibilities of the police, prosecutors and judges differ a great deal as well.

It may be easier to achieve agreement if we approach the law from the point of view of outcomes, and then work back from there to procedures. For example, it is essential that some statutory agency should be able to take action and ensure the immediate safety of a victim of violence without her needing to ask for it, since only when the victim is safe from threats or intimidation can criminal justice have any chance of success.

In addition, a woman who has concrete reasons to fear any kind of gender-based violence should be able to request a court injunction and to have it enforced, since it can hardly be called a violation of citizen’s 3 The “Co-ordination Action on Human Rights Violations” is a broad-based collaboration between research institutions, policy networks, and individual researchers from 23 European countries, funded 2004-2007 in the European Commission’s 6th Framework Programme.

4 Humphreys, Cathy and Carter, Rachel: The justice system as an arena for the protection of human rights for women and children experiencing violence and abuse, 2006, www.cahrv.uni-osnabrueck.de 5 Hanmer, Jalna, Gloor, Daniela and Meier, Hanna: Agencies and evaluation of good practice: domestic violence, rape and sexual assault, 2006, , www.cahrv.uni-osnabrueck.de

rights to tell a man that he must not break the law. However, in each country the specific legal frameworks and procedures that can have this effect may be different.

In January, a feasibility study will begin to assess the possibilities, opportunities and needs to standardise national legislation on gender violence and violence against children in the European Union. It will build on a current Daphne project mapping legislation and its implementation in 38 European countries. Today’s event is important, because it is vital that those who have met the challenges up front in practice remain in dialogue with research-based analysis and with policy-makers, if we are to make real progress towards overcoming violence against women.

Appendix In 2007, at the halfway-point of the Campaign, the Parliamentary Assembly of the Council of Europe defined the following (in recommendation 1817) as priority measures6: 5.1 making domestic violence against women, including marital rape, a criminal offence; 5.2. regarding violence perpetrated between (former) partners as an aggravating circumstance; 5.3. setting up sufficient numbers of safe emergency shelters; 5.4. making provisions to remove violent spouses or partners and take out protection orders against perpetrators; 5.5. guaranteeing effective access to the courts and to protection measures for victims; 5.6. allocating sufficient budgetary resources for the implementation of the law; 5.7. monitoring the application of laws on combating violence against women passed by parliament.

See http://assembly.coe.int/Main.asp?link=/ Documents/AdoptedText/ta07/EREC1817.htm

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EU legal framework for combating gender based violence

Roman Wieruszewski

The purpose of this presentation is to examine the need and possibility of adopting, within the context of the EU, a directive dealing with the problem of domestic and gender based violence.1 I will argue that contrary to some opinions, the EU has not only competence to adopt such an instrument but in fact – in particular after the entry into force of the Lisbon Treaty – is under obligation to do so.2

Gender based violence belongs to the most widespread and serious human rights violations, which occur all over the world. It should be recognized that it is a universal phenomenon, which transcends frontiers, cultures and social classes. The experience of the United Nations treaty bodies, in particular Human Rights Committee (HRC) and Committee on the Elimination of Discrimination against Women (CEDAW), proves that not a single country in the world is able to effectively eliminate this crime. Victims of this form of violation are mainly women. It is already well established interpretation of international human rights law that domestic violence may constitute torture, cruel, inhuman and degrading treatment and the violation of the right to life, to dignity, to privacy, to liberty and security of person, etc. At the same time, both, the above mentioned UN treaty bodies and the European Court of Human Rights have clearly ruled that gender based violence is a form of discrimination that seriously diminishes women’s ability to enjoy

1 In the present text I am using expressions „domestic violence“ and “gender based violence“ inter-changeably.

2 The content and wording of the proposed directive goes beyond the scope of this paper.

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rights and freedoms on the basis of equality with men.

In its General Recommendation No 19 CEDAW stated as follows: „Gender based violence which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention.“ The Committee also pointed out that discrimination under the Convention „is not restricted to action by or behalf of Governments. /…/ Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensations“.

At present, in view of the above said facts, there is no doubt that as far as the universal system of human rights protection is concerned, domestic violence is considered as the unlawful discrimination of women. All EU countries are parties to the CEDAW convention and therefore are obligated to respect its provisions as implemented by the CEDAW Committee.

Let us also briefly examine the same problem from the point of view of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights recently issued a judgement of particular importance from the perspective of gender based violence. In the case Opuz v. Turkey delivered on 9 June 20093, the Court ruled: „Bearing in mind its finding above that the general and discriminatory judicial passivity in Turkey, albeit unintentional, mainly affected women, the Court considers that the violence suffered by the applicant and her mother may be regarded as gender-based vi3

Case 33401/02

olence, which is a form of discrimination against women. Despite the reforms carried out by the Government in recent years, the overall unresponsiveness of the judicial system and impunity enjoyed by the aggressors, as found in the instant case, indicated that there was insufficient commitment to take appropriate action to address domestic violence…” As a result of that finding, „the Court concludes that there has been a violation of Article 14, in conjunction with Articles 2 and 3 of the Convention, in the instant case.“4 The Council of Europe has also recently initiated efforts aiming at preparing a legally binding instrument (convention) with the focus to eliminate violence against women, as it „considers violence against women a human rights violation and an obstacle in achieving full equality between women and men“.5 As is obvious from the above, far from exhaustive presentation of international human rights standards, domestic violence has been repeatedly recognized as the serious human rights violation, which constitutes at the same time gender based discrimination. The European Parliament in its resolution of 26 November 2009 on the elimination of violence against women, inter alia „calls on the Commission to start working on drafting a proposal for a comprehensive directive on action to prevent and combat all forms of violence against women“.

In order to answer the question if the EU has a competence to adopt such a directive, let us recall the following.

The protection of human rights in the European Union has had a long lasting tradition. Starting from a landmark judgment of the European Court of JusArt. 14 prohibits discrimination.

See Ad hoc Committee on Preventing and Combating Violence against Women and Domestic Violence, Interim Report, Strasbourg, 27 May 2009, CAHVIO (2009) 4 FIN.

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tice (ECJ) in the case Stauder v City of Ulm6 it became clear that human rights, called fundamental rights, belong to the general principles of the Community law and therefore the ECJ has a jurisdiction in those types of cases. ECJ also stated that: „..the Community […] is not merely an economic union but is at the same time intended, by common action, to ensure social progress and seek constant improvement of the living and working conditions of the peoples of Europe. The economic aim pursued by Article 119 [EC]. […] is secondary to the social aim pursued by the same provisions, which constitute the expression of a fundamental human right.“7 In another ruling, the ECJ stated that: „[…] respect of fundamental rights is a condition of the legality of Community acts.“8 The Court, when defining Community rights and principles to be followed within the framework of Community has made references not only to the European Convention but also other international agreements, including the European Social Charter, International Covenant on Civil and Political Rights, etc. The Court also made references to national laws and traditions. In that way the Court began to lay down fundamental human rights as part of the European Community law.

It has been established that the sources of fundamental rights within the EU law may be traced to two different sets of laws. The first are constitutional traditions of the Member States and the second - international agreements to which the Member Sates are parties, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms. The fundamental rights as general principles of the EU have been ap-

plied to interpretation and evaluation of legality of the EU institutions acts and the Member States acts when implementing the law of the European Union.

Gender equality enjoys a privileged status under the UE law. As has been rightly pointed out: „It is an EC ‚task‘ and ‚aim‘ to ‚eliminate inequalities‘ and ‚promote‘ gender equality in all fields. This ‚positive obligation‘ is also incumbent on the EU, since (substantive) gender equality as a fundamental right is its cornerstone, and on Member Sates, via their duty of ‚loyal cooperation‘. Gender equality – which is also a strategic Lisbon goal – is thus an essential element of European identity“.9 The entry into force of the Lisbon Treaty has significantly strengthened the protection and promotion of human rights within the EU. The Treaty grants legal value to the Charter of Fundamental Rights. It also provides for the legal basis of the EU accession to the ECHR. These provisions are fundamental for enhancement of the coherence and effectiveness of the European system of human rights protection.

In accordance with Article 6 (1) of the Treaty on European Union, the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, “shall have the same legal value as the Treaties“. It means that the Charter is now a part of the primary law of the EU. However, Article 6 (1) names three limits as to the scope of application of the Charter: „the provisions of the Charter shall not extend in any way the competences of the Union as defined in the treaties“10; See, Sophia Koukoulis – Spiliotopoulos, The amended equal treatment directive (2002/73): an expression of constitutional principles/fundamental rights, 12 MJ 4 (2005).

10 Declaration No 1 to the Charter states that it „does not extend the field of application of 9

Case 29/96 of 12 November 1969, ECR 1969, p. 419.

7 Joined cases C-270/97 and C-271/97 Deutsche Post AG v.Sievers [2000] ECR I-933, paras. 55, 57.

8 Opinion 2/94 [1996] ECR I-1759, para. 34.

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it is emphasised that fundamental rights included in the Charter must be interpreted in accordance with the provisions of the Title VII of the Charter; such interpretation must give due regard to the Explanation attached to the Charter.11 The last limitation was specified in the above mentioned Declaration No. 1, according to which the Charter, „which has legally binding force, confirms the fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as they result from the constitutional traditions common to the Member States“.

Article 51(1) of the Charter states that the provisions of the Charter are to be applied to the Union and Member States‘ institutions „only when they are implementing Union’s law“, with the reservation that the Member States are to respect „the limits of the powers of the Union as conferred on it in the Treaties“.

Article 52 (2) states that the rights recognised in the Charter „for which provisions are made in the Treaties shall be exercised under the conditions and within the limits defined by those treaties“.

Article 52 (3) confirms that the fundamental rights included in the Charter, which correspond to the rights guaranteed in the European Convention have the „same meaning and scope“ as in that Convention.

The analysis of the provisions of the Charter from the perspective of domestic the Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined by the Treaties“. See Final Act of the Intergovernmental Conference of the Member States.

Document No. CIG 15/07, Brussels, 3 December 2007.

11 Their basic aim is to ensure conformity of the interpretation of the Charter’s provisions with those of the European Convention.

violence leads to the conclusion that following rights are relevant in that context: art. 1 – human dignity, art. 3 – right to a physical integrity, art. 4 – prohibition of torture and inhuman or degrading treatment or punishment, art. 6 – right to personal liberty and security, art. 7 – respect for private and family life, art. 21 – prohibition of discrimination, art. 23 – equality between men and women. However in order to determine if the EU has a competence to act in that scope we have to check if the Union indeed has in that area „a power or task as defined by the Treaties“. It means that it is not enough to state an obvious fact that domestic violence belongs to the most serious human rights violations and that it runs against the letter and spirit of the Charter. We also need to look more carefully into the Treaties.

Art 2 TUE articulates basic principles and axiological foundations of the EU: „The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail“.

According to art. 3 (former 2) TEU, the Union „/…/shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.“ It has been already proved beyond any doubt that domestic violence, being in fact a gender-based violence, has a very serious discriminatory effect on women.

In that sense its widespread existence undermines efforts aimed at combating the above-mentioned discrimination of wom-

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en. Regulations concerning this problem belong to the area of freedom, security and justice. According the Lisbon Treaty, that area now belongs to the shared competences between the Union and Member States.12 In the case of shared competences, according the art. 2 (2) TFEU „When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area“. It means that the Union may adopt a Directive in the area of freedom, security and justice, hence also combating domestic violence.

In fact one may argue that the Union is obliged to act in that area. Let us recall provisions of art. 8 TFEU (former 3 (2)) „In all its activities the Union shall aim to eliminate inequalities, and to promote equality, between men and women“. Art 10 – „In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex,/…/“. Of crucial importance is, in discussed context, art. 67 TFEU (former 61 TEU and 29 TFEU) – „ The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.“ Under the previous treaty regime in the area of freedom, security and justice the Union has dealt with such problems as sexual exploitation of children and child

pornography13, combating racism and xenophobia14, combating trafficking of people15 and what is particularly relevant in the context of gender based violence – the position of victims in criminal proceedings16, by proposing to adopt certain measures through the so called framework decisions. The in depth analysis of effectiveness of those decisions goes beyond the scope of that paper, however, it seems clear that their results are not adequate to needs and expectations. It means that stronger measures are required.

At present, based on the Lisbon Treaty, with regard to gender-based violence, the Union is able to use more effective means by adopting a well designed and elaborated Directive. If the Union is to face seriously its obligation to effectively challenge gender based discrimination, it cannot avoid to act in the area of domestic, gender based violence. The proposed directive should be developed in a wide, teleological way, in the light of basic principles and fundamental rights, so that it can be an effective tool for their substantive implementation and contribute to safeguarding and enhancing the basic human rights of the victims of gender based violence.

13 Framework decision of the Council - 2004/68/ WSiSW 14 Framework decision of the Council 2008/913/WSiSW 15 Framework decision of the Council 2002/629/WSiSW 16 Framework decision of the Council – 15 march 2001

See art 4 (2) (j) of the Treaty on Functioning of the European Union (TFEU)

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What a waste: the case for an integrated violence against women strategy

Liz Kelly *

*

In cooperation with Jo Lovett

This article has been reprinted from the publication “Ten Years of Austrian Anti-violence Legislation”, containing documentation from the conference: “Stop Domestic Violence Against Women”, Vienna 2008.

Introduction

Not only is the prevalence of violence and abuse seriously affecting at least half of all women over their lifetime – but it shows no sign of decreasing.

The demand for support and services will remain at the current level or increase over the next five to ten years.

Simply extending current forms of provision will have little, if any, impact on prevalence: preventing violence and abuse requires a more strategic approach.

The UK arguably has greater recognition of the range of forms of VAW at policy and practice levels and a more vibrant research culture than many other European countries. Unlike many of our neighbours, however, we do not have a Plan of Action or strategy against which to measure progress and achievements. A more strategic response would maximise benefits and enable the integration of a longer-term preventative approach. Moving on from the silo thinking that currently sepa-

‘How integrated can services and responses be … can they be provided on the basis of need?’

(Baroness Scotland, address to Big Conversation on Sexual and Domestic Violence, Middlesbrough, March 2004) This paper proposes that there are substantial benefits for government, for victims/survivors and for the entire community of an integrated strategy/approach to violence against women (VAW). The argument is based on five fundamental premises.

There are connections across all forms of VAW, which are currently being ignored or missed.

The costs – to women and girls and the public purse – of ineffective responses represent a waste of potential in both individual lives and for the community as a whole.

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rates domestic violence, rape, female genital mutilation (FGM), trafficking and other forms of VAW would present opportunities to address seriously the question Baroness Scotland poses and offer considerable potentials for knowledge transfer. Whilst not underestimating the serious challenges developing such an approach represents, success would deliver a raft of gains for government, for agencies and service providers and for women themselves.

The most recent British Crime Survey (BCS) findings reveal that almost one in two (45%) women has experienced some form of domestic violence, sexual assault or stalking.1 If we include sexual harassment and all the other forms of violence, this issue directly touches more than half of the female population.

can be critical in empowering victims to access support or may further entrap them in shame and self-blame. Equally, network members may communicate intolerance of actions to perpetrators or act in ways that further normalise their behaviour.

Other very important connections across forms of VAW include: long-standing myths and stereotypes that serve to justify or excuse abuse and/or to blame victims; the dynamics of power and control underlying violence; the social organisation of gender, which produces the distribution of victimisation and perpetration; high levels of under-reporting across all forms of VAW; the justice gap in relation to prosecutions and convictions; the long-term psychological, social and economic impacts and consequences; the extent of repeat victimisation in women and girls ’ lives by both the same and different perpetrators; a historic failure of state agencies to respond appropriately, promptly or pre-emptively.

Mapping the connections There are many connections that cut across all forms of VAW; some serve to sustain it, others indicate common impacts and consequences.

Three research studies with children and young people2 reveal that at the most basic level the majority of children and young people do not accept VAW, but when asked more contextual questions uncertainty and justification emerge, particularly among young men.

An Irish study3 also found that young people had high levels of contact with harassment, abuse and violence in their own lives, including in the relationships with each other.

These data also highlight a further connection – who is first told or knows about VAW: this is not agencies, but friends, family and even neighbours and work colleagues. How informal networks respond

Paying the price It is not just individuals who pay the price for ineffective responses, but all of us, not least in the sense that VAW costs substantial amounts to the public purse.

A recent study in the UK only addresses domestic violence and estimates a yearly cost of almost 6 billion pounds.

Governments have minimal choice about incurring these costs to the public purse and the economy more broadly.

However, where they can exercise control is over whether expenditure takes place within a policy framework directed towards more effective, integrated and preventative responses. There are short and

Walby/ Allen Burton/ Kitzinger; Mullender et al.; Regan/ Kelly 3 Regan/ Kelly 1 2

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long-term savings to be made if interventions protect from subsequent abuse and/ or the impacts of victimisation.

We pay an additional and unnecessary cost when service provision duplicates and/or fails to promote multi-agency links and coordination.

There are some costs and consequences that are incalculable. Here we refer especially to the trafficked women who are unable to access support in the UK, and to women asylum seekers whose claims on the grounds of having already been abused, or facing gender violence if returned, are refused. If they are returned to their countries of origin with little if any resources to resettle, develop a sustainable livelihood and create personal safety, their futures are anything but assured.

beliefs about honour/purity/control of sexuality. It was partly to avoid the stigma which attaches to being a ‘victim’ of gender violence that led women’s organisations to use the term ‘survivor’ to highlight the strength, courage and creativity women display in adversity.

Even in the most extreme contexts it is a mistake to view women and girls as passive victims – they develop and use an extraordinary array of resistance and survival strategies. Nonetheless, victimisation has effects, many of which are long lasting. Research on the consequences of a range of forms of VAW reveals substantial commonalities, perhaps most eloquently explored by Judith Herman4.

There is no simple ‘recovery’ here; violence changes one’s sense of self and relationship to others. It is also a reinforcement of the gender order: an explicit message about the relative worth and status of women and men. But enhancing social support and the capacity of formal and informal responses to react appropriately could make a difference to a huge number of women, enabling them to ‘live’ rather than just survive.

Impacts of violence against women and children Impacts on women The World Health Organization and the Surgeon General of the USA have identified VAW as one of the most significant factors in women’s ill health, and these impacts are compounded for those who suffer serial victimisations. UK policy, practice and training still tend to focus on domestic violence OR rape and sexual assault OR sexual exploitation, meaning few workers or projects are confident working across these boundaries. For many of their service users, however, this may be their most critical need.

The ways gender violence is understood, coupled with the humiliation of the experience itself, often mean that women internalise a sense of shame and selfblame. This is accentuated where the cultural context of a woman’s life includes

Impacts on children A key factor undermining implementation and delivery, here and elsewhere, has been the failure to make connections between VAW and child abuse/children.

A few examples will illustrate this.

All forms of VAW and child sexual abuse are under-reported, and where reports are made cases have extremely high attrition rates. Despite these connections, knowledge transfers across the sectors have been minimal.

The connections between domestic violence and child abuse have been 4

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highlighted for more than a decade, including in virtually every child death enquiry. However, because the areas are not connected in law, policy and most service provision, the changes these insights should have prompted have not been easy to achieve.

The underlying causes of, and social supports for, violence against women and children are common, and addressing them through awareness and prevent ion programmes has the potential both to be cost effective and to deepen understanding.5 Another connection, with many complex implications, is that most VAW and child abuse is committed by known perpetrators. In both cases, however, public policy tends to ricochet between an emphasis on the family or strangers (the archetypal ‘rapist’ or ‘paedophile’). The majority of sexual offenders against women and girls are neither – they are neighbours, friends, work colleagues, recent acquaintances and a range of professionals (teachers, doctors, therapists , sports coaches).

Too many policy initiatives are built around the high profile minority. An example would be how a community safety order on a sex offender, which requires no contact with any children, could be enforced when an abusive father has been awarded contact in family court proceedings.

The failure to integrate what we already know – and we do know a lot about connections – in the formulation and implementation of policy is a significant impediment to change.

VAW, human rights, discrimination and equality Violence has been a feature of women’s and girls’ lives throughout recorded history – it ranges from the cold, calculating entrapment in trafficking, to brutal rape by a recent acquaintance, through to the excruciating intimate violation by a family member. Over the last three decades VAW has been increasingly recognised not only as a public issue, but also a matter of justice and human rights.

Former UN Secretary General Kofi Annan stated that VAW is ‘… perhaps the most shameful human rights violation, and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.’6 Looking at VAW from a human rights perspective alerts us to the ways in which gender violence denies women and girls the most fundamental of human rights: life, liberty, bodily integrity, freedom of movement and dignity of the person. It constrains women’s choices, options and behaviour since personal safety features so strongly in routine decision-making: is it safe to travel alone?, to walk alone?, to attend a meeting at night?, to challenge a statement or decision? Women and girls are not able to occupy and use public space with the same freedom and ease as men and boys and interpersonal relationships are frequently marred by the threat and reality of abuse. Access to resources, especially economic, can mitigate some of these restrictions, but no woman is entirely safe from violence. As a consequence women monitor their own

5 The Zero Tolerance Campaign did this throughout much of the 1990s, and much of its impact was thought to stem from the connections and cumulative messages.

http://www.womankind.org.uk/violence-against-women.html

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behaviour and/or are often placed under surveillance by others. This has extensive consequences, limiting women’s participation and involvement in community and public life, their productivity and achievements in education and employment and, when they are victimised, etching their family and personal lives with pain and betrayal.

The human rights perspective also serves to make clear that VAW is not a private matter but one of public concern, meaning governments can be held accountable if they are seen to carry out or condone acts of VAW, or if they fail to take adequate steps to fulfil their human rights obligations to address the issue effectively, including prevention.

The 1995 Beijing Platform for Action (BPFA), which was drafted and signed by governments including the UK and most European countries, states that VAW is one of the major barriers for achieving gender equality. It addresses VAW as one of its 12 areas for concern, calling upon governments to ‘take integrated measures to prevent and eliminate violence against women’.

The BPFA set out specific steps that state signatories should take with respect to VAW, including the fundamental aim to ‘eliminate’ it, with express steps to be taken in the spheres of legislation, education, health, judiciary, social services and NGOs. Within this framework governments are expected to develop national action plans that take a holistic and multidisciplinary approach.

Current approaches in the UK Government approach Whilst Scotland, Northern Ireland and Wales do have policies and strategies, the focus has overwhelmingly been on domestic violence/abuse. That said, Glasgow City Council has built a VAW approach within wider gender equality frameworks, and the Scottish government is due to publish a VAW strategy imminently. The focus on domestic violence has grown over the last couple of years, with a number of women MPs becoming more powerful champions in parliament and Ministers for Women repeatedly citing it as a priority. On a smaller scale a noticeable shift has taken place in relation to rape and sexual assault and trafficking, especially in terms of legal reform, and some support for service provision. As a consequence three interministerial groups operated in parallel – on domestic violence, sexual offending and trafficking – alongside entirely disconnected developments with respect to forced marriage and FGM. Whilst the increased attention and, in the case of sexual crime, far-reaching legal reform is welcome, developments have been piecemeal and lack coordination. Despite an apparent commitment to mainstreaming, specific references to gender equality, let alone VAW, barely feature in ministerial policy priorities or Public Service Agreements (PSAs) across government. The End Violence Against Women campaign7 has audited government responses across ministries for three years (2006, 2007, 2008).

Whilst there are a myriad of ways in which VAW connects to current policy pri7

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orities, there are virtually no explicit recognitions of this in either high-level policy documents, or in the performance management framework the Westminster government develops for ministries and local governments. Moreover, there are minimal references to gender equality across all government policy. One is courtesy of the UN Millennium Development Goals, which appear as aims for the Department for International Development. Most government departments do not see VAW as their concern, referring to the responsibilities of the Home Office – thus locating the issue firmly within a crime framing.

Some examples of the missed opportunities in recent policy developments include the following: The Drugs and Alcohol Harm Reduction Strategies does not fully recognise the extent to which alcohol is a factor in sexual offences, and the fact that drugs and alcohol are used as coping strategies in the aftermath of victimisation.

The Department for Education and Skills has failed entirely to address the connections of VAW to children’s underachievement, the necessity of developing curricula for professional training, and the potentials for prevention through school and further education.

The Ministry of Defence failed to link concerns about the behaviours of troops in other countries with data that suggest domestic violence and child abuse are more common within military families, and to develop a prevention curriculum within basic training.

The Department for Communities and Local Government has developed a policy on community cohesion which neglects the ways in which VAW breaks connections with others,

resulting in marginalisation of many women. Critically this policy has also neglected the ways in which gender divisions exist within communities; and an emphasis on ‘good relations’ between faith communities runs the danger of ignoring how religions can be implicated in resisting gender equality.

Within government few policy advisors appear to have sufficient understanding of the extensive ramifications of violence to make connections with wider policy issues, such as asylum, productivity, social inclusion and programmes designed to enable single parents to find sustainable employment. The impacts of interventions, therefore, are not as deep and long lasting as they could be.

The voluntary sector The UK VAW sector – refuges, rape crisis, helplines and advocacy projects, survivors’ groups – has a strong reputation internationally and has been the foundation of the moves to take VAW seriously. Whilst some groups have a strong campaigning focus, most have, at least in recent years, concentrated on developing and maintaining innovative service provision, in an arena where women continue to be poorly served. The absence of any policy regarding provision means services continue to remain deeply uneven – not just geographically, but in terms of covering all forms of violence – with the number of rape crisis groups in particular falling, rather than growing, in recent years.8 International human rights standards, including the BPFA, place a responsibility on governments to ensure that The exception here is Scotland, where a ring fenced funding stream has increased the number of rape crisis centres by four since 2003.

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adequate support and protective services are available for all who need them.

Whilst funding has improved with respect to domestic violence services (although there is still much unmet need), provision addressing rape and sexual violence, trafficking, FGM and other forms of VAW, particularly for vulnerable groups and Black and minority ethnic women, remains chronically under-funded.

Thurrock Violence Against Women Alliance demonstrated an innovative combination at a local level, and the commitment of South Essex Rape and Incest Crisis Centre in the voluntary sector produced a local commitment not only to address VAW, but also to using gender mainstreaming methodology. However, since national government policy at the time (2004) did not support this move the alliance was short-lived. Nonetheless, it illustrates yet to realise possibilities in multi-agency partnerships.

Glasgow City Council, through its gender equality work, has always taken a VAW approach, including being one of the earliest and most sustained supporters of the Zero Tolerance awareness raising strategies. What we highlight here is their innovative work around prostitution and the sex industry, which prefigured the recent government review on prostitution policy.

Southall Black Sisters have played an inspirational role in the UK voluntary sector for two decades, demonstrating that it is possible to combine local service provision and acting strategically at regional and national levels.

Beacons lighting the way There are a number of examples from current practice in the statutory and voluntary sectors that can act as signposts, or beacons, illustrating the benefits of making connections. Indeed, the Women’s National Commission (WNC) VAW Working Group is a case in point. It is now a strong advocate for a more integrated approach and its participative membership – across the nations and regions of the UK and forms of VAW – demonstrates that it is possible to work with a wider agenda in ways that everyone benefits.

Similarly, the European Women’s Lobby has had a VAW project in Brussels for six years. It, too, began with a focus on domestic violence but has since deepened its understanding and perspective and is now a powerful voice in EU debates about trafficking and the sex industry.

The boxes below contain examples from the national statutory, local authority and service provision sectors, each of which demonstrates the benefits of a more integrated approach.

Part of the policy development included looking in far more depth at the agencies’ own data – and finding areas that needed improvement. A number of goals for improvement are set, including enhancing effective prosecution of cases.

Implementation of the policy includes ongoing engagement with stakeholders.

Creating an integrated approach The basic contours of an integrated approach must, in the short term, support and empower women and girls and ensure sanctions for abusive men, whilst over the longer term seeking to reduce and ultimately end violence. All of these tasks require counteracting the legacies of permission, justification and victim blame. Achieving this, and widening the focus beyond domestic violence, will require a strong steer from the centre. The UK, through its support for the Beijing Platform of Action, has committed itself to creating a Plan of Action, which

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would be the clearest and simplest way to move forward. There are various examples from other countries , from which elements and lessons could be learnt.

Australia, Austria and Germany have aspirational documents which, whilst short on specific steps, make clear philosophical statements linking VAW to wider gender equality policies.

Norway and Finland have had strategic plans: the former is a renewable three-year plan focused on domestic violence; the latter a broader five-year action plan with a linked research and documentation centre.

The USA has used its renewable Violence Against Women Act for ten years to develop and steer public policy through setting new targets for national roll-out and providing matched funding for local areas or agencies that pick up the challenges.

Whatever approach is taken in the UK, the basic aims could be: to improve responses in the short term within a framework that seeks transformations which will decrease and ultimately end VAW; to provide stepping stones and create templates for implementation at local and regional levels within the duty to promote gender equality.

The kind of integrated strategy envisaged here would enable: more coordinated and consistent government policy; better knowledge transfer across the sectors; more effective use of limited financial resources; the possibility of linked training, including a core curriculum for all professionals; a coherent, integrated long-term approach to prevention;

the possibility of mainstreaming neglected and under-resourced issues, such as trafficking, exploitation in the sex industry and FGM. In terms of national government it would provide a series of benefits and opportunities: to give a strong policy steer across the range of forms of violence faced by women in the UK; to redress the current/historical focus on domestic violence; to provide a clear philosophical framework and a vision of a future in which gender violence no longer exists; to be in full, rather than technical, compliance with UN and EU commitments/policy; to set markers/standards for provision and responses, including the possibility of services on the basis of need;

Towards an integrated approach An integrated approach to VAW in all its forms should begin from a clear vision/overall statement: Ending Violence Against Women – Creating Equality and Social Justice; Delivering Human Rights.

This sets the long-term ambition in line with UN and EU policies, makes explicit that prevention is a key element in the approach and underlines that delivering it requires gender equity. A series of critical shifts in perspective and response need to be highlighted: from domestic violence to VAW; from reactive to proactive responses; from making do to providing quality services; from margin to mainstream; from responding to preventing.

The term ‘integrated’ is central to the strategy and as a minimum refers to the following:

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addressing all forms of VAW simultaneously, thus combining the currently disparate interministerial initiatives; highlighting connections between forms of violence and abuse, not least in terms of their underlying causes, short- and long-term impacts; mainstreaming VAW into all relevant areas of government policy; encouraging and enabling integration in specific policy areas like prevention and public awareness and in activities such as interagency forums.

The VAW sector has provided a response to and critique of the then government initiatives on VAW in the CEDAW Thematic Shadow Report on Violence Against Women.9 Many of the respective headline areas have already been addressed in this paper, but some offer additional elements from which to build an integrated approach: locating VAW centrally within efforts to create gender equality (as is the case in many other European countries); developing a stronger link to human rights principles, as they apply to victims, in the private as well as the public sphere; addressing attrition in the criminal justice system in a coherent and coordinated way; devising strategy, in partnership with other key actors, to secure and aid development in the specialist NGO sector; developing strategic interventions and priorities, mainstreaming what we already know to be good practice and ensuring that wherever women live, and whatever additional needs they may have, they have access to quality and effective services; 9

enhancing knowledge through concerted efforts and dedication of resources to data collection. The current knowledge base is insufficient to enable assessment of the success or otherwise of government policies, not to mention that effective intervention requires more sophisticated analysis of the contexts in which VAW occurs, and the impact that it has on women, their families and communities.

There is a critical need to understand better the needs of vulnerable groups of women, including disabled women, older women and women from diverse ethnic and cultural backgrounds. It is also necessary to look at patterns of offending, how violence is located in contemporary gender relations and the links between perpetration of different forms of abuse; placing VAW within foreign and development as well as domestic policies.

This proposal is a significant departure from previous approaches. In particular, it recognises that: achieving women’s equality requires addressing violence; all forms of VAW are connected, and have the same underlying causes; these are not only individual experiences of victimisation, they also have a gendered pattern; victims need support, advocacy and redress; perpetrators must be held to account; national and local governments can and should take a leading role in seeking to prevent (in the word of the UN ‘eliminate’) violence against women and children.

VAW is currently everywhere and nowhere in terms of public policy. An additional gain from an explicit national strategy would be a connected sector across voluntary and statutory service providers,

Sen and Kelly 2008

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which could be recognised through a National Service Agreement. Whether in this format, or another, the strategy should also include: an implementation plan with timescales, roles and allocated resources; mechanisms for ensuring trickle-down of proven good practice into local service provision; a framework for monitoring change; an oversight body, which is not part of government, which would review progress, learn from international examples, conduct the regular reviews of the legislative framework required by the BPFA and make recommendations.

References • Burton, Sheila/Jenny Kitzinger: Young People’s Attitudes Towards Violence, Sex and Relationships. Edinburgh 1998. www.zerotolerance.org.uk • Cowan, Rosie: Death threat couple still running – 11 years on, Guardian 28 June 2004.

• http://www.guardian.co.uk/uk/2004/jun/28/ukcrime. rosiecowan • Dickson, Sandra: Sex in the City: Mapping Commercial Sex Across London, London 2004.

• http://www.eaves4women.co.uk/POPPY_Project/Documents/Recent_Reports/Sex%20in%20the%20City.pdf • EOC cited in Bimrose, Jenny/ Anne Green/Michael Orton/ Sally-Anne Barnes/ Fiona Scheibl/ Sheila Galloway/ Beate Baldauf: Improving the Position of Women in the Labour Market: Coventry and Warwickshire. Warwick 2000.

• http://www2.warwick.ac.uk/fac/soc/ier/publications/2008/participation.pdf • European Women’s Lobby: Towards a Common European Framework to Monitor Progress in Combating Violence Against Women. Brussels 2002.

• http://www.prostitucio.hu/colette.detroy.2004.05.28. htm • Heise, L./ K. Moore/N. Toubia: Sexual Coercion and Reproductive Health: A Focus on Research. New York 1995.

• Herman, Judith Lewis: Trauma and Recovery, New York 1992.

• HMCPSI: Joint Inspection into the Investigation and Prosecution of Cases Involving Allegations of Rape.

London 2002.

• Home Office: David Blunkett Welcomes Law to End Female Genital Mutilation, Press Release 098/2004, 3 March 2004. http://www.homeoffice.gov.uk • Kelly, Liz/ Linda Regan: Stopping Traffic: Exploring the extent of, and responses to, trafficking in women for sexual exploitation in the UK. Police Research Series Paper 125. London 2000. http://www.homeoffice.gov.uk/rds/prgpdfs/fprs125.pdf • Mirrlees-Black, Catriona: Domestic Violence: Findings from a New British Crime Survey Self-completion Questionnaire. Home Office Research Study 191. London: Home Office 1999. http://www.homeoffice.gov.uk/rds/pdfs/hors191.pdf • Mirrlees-Black, Catriona/ Jonathan Allen: Concern About Crime: Findings from the 1998 British Crime Survey. Home Office Findings 83. London 1998. http://www.homeoffice.gov.uk/rds/pdfs/r83.pdf • Mullender, Audrey/ Gill Hague/ Umme Imam/ Liz Kelly/ Ellen Malos/ Linda Regan: Children’s Perspectives on Domestic Violence. London 2001.

• Myhill, Andy/ Jonathan Allen: Rape and Sexual Assault of Women: The Extent and Nature of the Problem – Findings from the British Crime Survey. Home Office Research Study 237. London 2002. http:// www.rapecrisis.org.uk/HOFindings159.pdf • Regan, Linda/ Liz Kelly: Teenage Tolerance: The Hidden Lives of Young Irish People. Dublin 2001.

• Samad, Yunas/John Eade: Community Perceptions of Forced Marriage. Community Liaison Unit, London 2002.

• http://www.fco.gov.uk/resources/en/pdf/pdf1/fco_ forcedmarriagereport121102 • Sen, Purna/ Liz Kelly: Violence Against Women in the UK: Thematic Shadow Report. London 2008.

• http://www.endviolenceagainstwomen.org.uk/data/ files/evaws_shadow_report_to_cedaw_2008.pdf • Simmons, Jon et al.: Crime in England and Wales 2001/2002, London: Home Office 2002.

• Walby, Sylvia/ Jonathan Allen: Domestic Violence, Sexual Assault and Stalking: Findings from the British Crime Survey. Home Office Research Study 276.

London 2004. http://www.homeoffice.gov.uk/rds/ pdfs04/hors276.pdf

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National and international measures to prevent domestic violence against women and children

Rosa Logar

This article has been reprinted from the publication “Ten Years of Austrian Anti-violence Legislation”, containing documentation from the conference: “Stop Domestic Violence Against Women”, Vienna 2008.

According to studies on the extent of male violence against women, one out of four to five women have experienced physical violence at least once during adult life, and one out of ten women have suffered sexual violence. Between 12% and 15% of all women over 16 has experienced violence committed by husbands or partners.1 The problem of domestic violence is definitely related to gender: women and girls are disproportionately often affected by violence committed by male members of the family. According to the definition by the United Nations, violence against women is gender-based violence as it ‘is directed against a woman because she is a woman or violence that affects women

disproportionately’.2 Regarding the causes of violence against women, the United Nations states that it is ‘a manifestation of the historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of women’s full advancement’.3 Children always suffer when violence is directed against their mothers: either directly, if they are abused as well, or indirectly, by witnessing violence and seeing the effects that it has on their mothers.4 Violence brings about human suffering, and also enormous costs, as several studies have shown.5 United Nations 1992 United Nations 1996, p. 75 4 Erikson et al.; Kavemann/ Kreyssig 5 Walby 2 3

1

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The right to a safe place: the history of the women’s shelters movement

again and again faced the allegation that they made up or exaggerated this problem.

Still, reality spoke for itself: each women’s shelter that was opened was overcrowded within short time, which definitely pointed to the need for additional shelters. Thanks to the initiative of many committed women it has been possible in Europe to build a network of women’s agencies in order to provide adequate support to women who have suffered violence. At present, Europe has approximately 1 500 women’s shelters, but still, this support network has often shown to be insufficient. In many regions, no shelters exist.11 Even in the United Kingdom, with a high density of women’s services compared to other countries, there are great gaps in regional supply structures,12 and much remains to be done.

In the 1990s, violence against women, not least because of the activities of the women’s movement, became an issue also for the international community. One effect of the Women’s Rights Are Human Rights campaign13 launched by international women’s organizations was that the issue of violence against women was the top of the agenda at the United Nations Conference on Human Rights that took place in Vienna in 1993. At the conference, it was stated that violence against women is a violation of human rights and that it is the States’ responsibility to protect those affected14 and to act when women suffer violence in private relationships. ‘Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.’15

In Western Europe, the issue of violence against women was made public by the new women’s movement in the 1970s.

The first response to this problem was to find safe places for women and their children so that they could escape from the violence of their husbands and fathers.

The first women’s shelter was opened in London in 1972,6 and others followed soon. In 1976, Berlin established its first women’s shelter, and Vienna in 1978. In the Warsaw Pact states, the problem of violence against women officially did not exist,7,8 and only after the collapse of communism women’s organizations emerged in the individual states. The first East European shelter was opened in Zagreb in 1992.9 Afterwards, numerous independent women’s initiatives against violence were founded in Central and South-Eastern Europe. However, in many of these former communist countries, no adequate public funding has been made available to women’s agencies: they depend on foreign foundations and project funds.10 Establishing women’s shelters has never been an easy task, because it was often denied that the problem of violence against women actually existed. Feminists Elman Schröttle 8 As regards Poland, this information is not quite correct. Before 1989, the so called communist regime and the state licensed trade unions were more committed to combating violence against women than today’s “democratic” state and its agencies. Although it was probably the manifestation of its oppressive nature rather than of genuine concern for women’s rights, but at that time, the state did not condone violence against women; in most cases the perpetrators were prosecuted and punished more effectively and severely than today. (Editor’s note) 9 Tölle 10 Logar 2008 6 7

Council of Europe 2007 Coy at al.

13 Bunch/ Reilly 14 United Nations 1993 15 United Nations 1992, Art. 9 11 12

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The right to a safe home: Austria’s first Protection Against Violence Act

women’s shelters movement identified the DAIP project as one of the first good practice models of coordinated multi-institutional cooperation.18 The 1993 United Nations Human Rights Conference of Vienna mentioned above also gave important impulses for the advancement of anti-violence activities. Initiated by then Women’s Minister Johanna Dohnal and in close cooperation with Caspar Einem, then Minister of the Interior, an interministerial working group was convoked, composed of staff of women’s shelters, police officers, judges and lawyers. The result of this collaboration was the Federal Act on Protection Against Domestic Violence, which entered into force in May 1997.

The Act consists of three elements that are linked to each other: eviction order by the police: the perpetrator has to leave the flat for 10 days; interim injunction under civil law, which provides protection for a longer period; support of victims by domestic abuse intervention centres.

The latter measure is most essential, because victims need active assistance to enforce their rights vis-à-vis the perpetrator. The Minister of the Interior actively supported the establishment of intervention centres, by stating that it was an essential task of the police to protect victims but that in the cases of domestic violence the police alone was unable to perform this task and assistance by victims’ protection agencies was needed. Consequently, the Ministry of the Interior took over half of the cost of establishing and running intervention centres. The other half was covered by the Federal Minister of Women. Eventually, it was possible to open intervention centres in all nine provinces of Austria, which pursue a proactive

The next stage, i.e., after support services for women had been established, was characterised by discussions with state institutions and efforts to achieve adequate legal measures to protect women and children against violence.16 In Austria, similarly to other countries, women’s agencies were not satisfied at all with the way in which the police used to respond to women’s experience of violence.

Before the police intervened, a woman had to enter the police station with her head under her arm, so to speak. In most cases, violence against women was regarded as a private matter, and women who turned to the police were sent back home immediately. After insistent criticism of such nonresponse by the police, in the late 1980s the police asked representatives of the local women’s shelters to carry out training programmes for police officers. The women accepted the challenge and entered this men’s stronghold (at that time, no women worked in the regular police force of Austria).17 The women’s organisations showed stamina also here: today the theme of responding to violence against women and children has become an integral part of police training in Austria.

In the early 1990s, the women’s shelters increasingly often voiced criticism of the situation that women and children had to flee to a shelter in order to escape from violence, while violent men could simply stay in the family home. This was regarded as unjust and gave rise to an international research of models that protected those suffering violence while making it possible for them to stay in their own homes. Eventually the experts of Austria’s 16 17

Humphreys/ Carter et al.

Egger at al.

18

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approach: the police communicates to the intervention centre in charge the reports on interventions in cases of domestic violence, and the centre actively contacts the victim and offers assistance.19

sible to support all victims of domestic violence after eviction orders have been issued. The Women’s Minister also achieved a budget increase by more than 30% for women’s agencies active in the field of violence. This has been another important step to support women suffering domestic violence, because not all of them can, or wish to, turn to the police or court authorities. Therefore we need both options: the right to stay in one’s own flat and the right to safe accommodation in a women’s shelter. The number of women and children fleeing to shelters has not gone down after the Protection Against Violence Act entered into force. Women’s shelters, women’s counselling centres, phone hotlines and counselling services for immigrants continue to be of vital importance in the prevention of violence against women and children. It was not possible in 1997 to take on board also the criminal justice system, which for a long time constituted the missing link in Austria in the chain of measures of protection against violence (see article “10 Years of Experience with Austrian Anti-violence Legislation: Present Situation and perspectives”).

This gap has had massive effects because eviction orders by the police and interim injunctions under civil law are inadequate instruments to prevent dangerous perpetrators from committing further violence. Rather, this requires measures under criminal law, especially the arrest of offenders. Austria would have the statutory prerequisites for this measure, but there are problems regarding practical application. Because of the lack of problem awareness and know-how on the part of prosecuting authorities, even repeated threats and acts of violence were not taken seriously but dismissed as ‘typical of certain social environments’. In two cases, the consequence of this attitude was that husbands were able to carry out their threats

The Act in practice The Federal Act on Protection Against Violence does not exist on paper only. It has already been amended twice, and since its entry into force the number of eviction orders issued by the police has steadily risen: from 2 673 in 1998 to 6 347 in 2007. This most probably is not the result of an increase in violence but indicates a change in attitude among the authorities concerned, in particular the police: violence against women and children is no longer regarded as a private matter, but the State intervenes and those affected have access to concrete protection measures. According to police statistics, more than 90% of victims of domestic violence are women, and more than 90% of perpetrators are male family members, especially husbands and live-in partners. So far, two studies evaluating the Protection Against Violence Act have been drawn up.

Both conclude that the intervention centres are of great significance for the empowerment of women suffering violence.20 However, the continued rise in eviction orders resulted in capacity problems in the agencies providing assistance to victims of violence. In 2006, it was not possible in seven (out of 23) districts of Vienna to deliver services to all victims. After intensive efforts by then Women’s Minister Doris Bures and then Interior Minister Günther Platter, 2007 saw an increase by 60% of the budgets of the intervention centres. Since then, it has again been pos19 20

18 Logar 2005 Dearing/ Haller; Haller et al.

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and kill their wives. In 2004, the Association for Women’s Access to Justice and the Domestic Abuse Intervention Centre Vienna, on behalf of the surviving children of the two women, submitted a complaint to the UN Committee on the Elimination of Discrimination against Women (CEDAW),21 stating that Austria had not met its obligation to protect the two women with due diligence. In 2007, the two Communications by the CEDAW Committee were published, in which the Committee agreed with the complaining parties.22 While it was recognised that Austria had introduced statutory measures to address violence against women, it was also pointed out that it was not enough to have good laws but that also their practical realisation has to be ensured by the State party. The Committee also stated ‘that the perpetrator’s rights cannot supersede women’s human rights to life and to physical and mental integrity’.23

ance. The discussions regarding the two CEDAW complaints have also shown positive effects: under the 2006 amendment to the Criminal Code, the consent of victims is no longer required in order to initiate criminal prosecution in cases of dangerous threats in family contexts. This has been an important step towards the State’s taking over responsibility and reducing the stress for victims. Another positive development is that in 2008 specialised structures in public prosecutor’s offices were introduced, thus a model that has already proven its worth in other countries now also exists in Austria. Eventually, in September 2008, a Government Bill on the reform and expansion of statutory measures of protection against violence was adopted by the Council of Ministers and submitted to Parliament for debate. This Bill includes essential improvements such as: a new type of criminal offence with imposition of more severe punishment in cases of repeated violence against a victim; the right to apply for protection measures under civil law is granted to any person affected by violence, independent of their family relationship to the abuser; extension of interim injunctions to six months and one year, respectively; victims are granted the right to court assistance, also in civil law proceedings.

These plans show that attempts are made in Austria to repair the existing shortcomings in the field of protection against violence. It is to be hoped that the Bill will soon be adopted by Parliament.

New statutory regulations in Austria However, in recent years Austria has seen significant improvements regarding victims’ protection, also in the field of criminal law. What deserves special mention here is the Anti-stalking Act that entered into force in 2006, and the amended Code of Criminal Procedure, under which victims, since 2006, have been granted the right to psychosocial and legal court assistCEDAW is the abbreviation of Convention on the Elimination of All Forms of Discrimination Against Women. Austria ratified this UN Convention in 1982. The CEDAW Committee is a body composed of 23 experts watching over progress made regarding implementation of the Convention.

22 CEDAW 2007a and 2007b; the two CEDAW Communications 5/2005 and 6/2006 are available for download on the website of the UN Division for the Advancement of Women, in the six official UN languages (Arabic, Chinese, English, French, Russian and Spanish): www.un.org/ womenwatch/ daw/cedaw/protocol/dec-views.htm 23 CEDAW 2007b, Para 12.1.5 21

International standards for comprehensive, coordinated responses to violence against women and their children

The individual states are obligated by international agreements to act with due

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diligence to prevent, and protect women from violence. This obligation means that each woman has the right to protection and support. Under the 1989 UN Convention on the Rights of the Child, every child is granted the right to protection from all forms of physical or mental violence as well as neglect and all forms of abuse and exploitation. According to this definition, witnessing violence against their mothers is also violence against the children. More than 30 years of experience have shown that isolated measures are not enough to prevent violence against women and their children. At institutional level, all agencies and authorities involved in this problem have to act in a determined and coordinated way. It is necessary to create chains of intervention by multi-agency cooperation bodies. The cases mentioned above demonstrate how dangerous gaps in the intervention chain are.

At statutory level, comprehensive and well-coordinated measures have to be taken to prevent violence against women and their children24 so that victims, in addition to protection measures under criminal law and civil law, are also granted social and economic rights, such as: the right to safe accommodation in a women’s shelter; the right to comprehensive psychosocial assistance by specialised women’s services working to prevent violence against women; the right to a flat of their own; the right of residence independent of the husband; the right of children not to be obliged to have contact with violent fathers; and other necessary measures.

Legal protection measures should be granted at several levels, in the form of:

eviction orders by the police in cases of acute danger; protection measures under civil law for which victims may apply; measures under criminal law against perpetrators, initiated and imposed by the State.

In all measures, empowerment and support of victims should play a focal role, as is the case regarding support services for victims by the intervention centres.

Good laws alone are not enough: they have to be implemented and applied by State actors in each individual case. At the political level, comprehensive long-term measures in the form of plans of action to combat violence against women and their children are required in order to eliminate all forms of violence against women. However, for plans of action to be more than printed paper, consequent implementation and adequate budgets are needed. Sweden’s new plan of action to combat violence against women, with a budget of 80 million euros, is a good practice model in this context.25 States have to ensure that all political and legal measures regarding violence against women ‘are coordinated nationwide and focused on the needs of the victims and that relevant state institutions as well as nongovernmental organisations (NGOs) be associated with the elaboration and the implementation of the necessary measures.’26 The Council of Europe Campaign to Combat Violence against Women, which was run from November 2006 to June 2008, has shown, among other results, that significant progress has been made in the 47 Member States of the Council of Europe in the field of prevention of violence against women but that there continue to be great gaps in many areas which urgently need be closed. Therefore the Coun25

24

Council of Europe 2008; United Nations 2008

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cil of Europe Task Force to Combat Violence against Women, including Domestic Violence stresses the importance of introducing a convention to combat violence against women that is oriented towards a genderbased and human rights approach.27 References • Bunch, Charlotte/ Niamh Reilly: Demanding Accountability. The Global Campaign and Vienna Tribunal for Women’s Human Rights. New York 1994.

• CEDAW – United Nations Committee on the Elimination of Discrimination against Women: Decision Sahide Goekce (deceased) v. Austria, No. 5/2005, CEDAW/ C/39/D/2005, 2007a.

• CEDAW – United Nations Committee on the Elimination of Discrimination against Women: Decision Fatma Yıldırım (deceased) v. Austria, No. 6/2005, CEDAW/ C/39/D/6/2005, 2007b.

• Council of Europe: Recommendation (2002)5 of the Committee of Ministers to member States on the protection of women against violence adopted on 30 April 2002 and Explanatory Memorandum, Strasbourg 2002.

• Council of Europe: Protecting women against violence. Analytical study on the effective implementation of Recommendation Rec (2002)5 on the protection of women against violence in Council of Europe member States, prepared by Carol Hagemann-White and Sabine Bohne/University of Osnabrück, on behalf of the Gender Equality and Anti-Trafficking Division/ Directorate General of Human Rights and Legal Affairs. Strasbourg 2007.

• Council of Europe/ Gender Equality and Anti-Trafficking Division/ Directorate General of Human Rights and Legal Affairs: Council of Europe Campaign to combat violence against women, including domestic violence. Country reports presented at the Meeting of National Focal Points 21–22 April 2008, Strasbourg, Document No VAW-FP(2008)1 • Coy, Maddy/ Liz Kelly/ Jo Foord et al.: Map of Gaps: The Postcode Lottery of Violence against Women Support Services, End Violence Against Women. London 2007.

• Dearing, Albert/ Birgitt Haller (eds.): Das österreichische Gewaltschutzgesetz. Vienna 2000.

• Elman, Amy R.: Refuge in Reconfigured States. Shelter Movements in the United States, Britain and Sweden. In: Lee Ann Banaszak/ Karen Beckwith/ Dieter Rucht (eds.): Women’s Movements Facing the Reconfigured State. Cambridge 2003, pp. 94–113.

• Egger, Renate et al.: Gewalt gegen Frauen in der Familie, Vienna 1995.

• Eriksson, Maria/ Marianne Hester/ Suvi Keskinen/ Keith Pringle: Tackling Men’s Violence in Families.Nordic issues and dilemmas. Bristol 2005.

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• Haller, Birgitt/ Katrin Auer/ Barbara Liegl: Folgestudie zur Evaluierung des Bundesgesetzes zum Schutz vor Gewalt in der Familie, Studie im Auftrag des Innenministeriums, erstellt vom Institut für Konfliktforschung. Vienna 2002.

• Humphreys, C./ R. Carter et al.: The justice system as an arena for the protection of human rights for women and children experiencing violence and abuse. European Research Project CAHRV, University of Osnabrück 2006.

• IFF (Interdisziplinäres Zentrum für Frauen- und Geschlechterforschung an der Universität Bielefeld)/infas (Institut für angewandte Sozialwissenschaften GmbH, Bonn): Lebenssituation, Sicherheit und Gesundheit von Frauen in Deutschland. Eine repräsentative Untersuchung zu Gewalt gegen Frauen in Deutschland.

Edited by the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. Berlin 2004.

• Kavemann, Barbara/ Ulrike Kreyssig (eds.): Handbuch Kinder und häusliche Gewalt. Berlin 2005.

• Logar, Rosa: The Austrian model of intervention in cases of domestic violence. Paper presented at the UN Expert Group Meeting: Violence against women: Good practice in combating and eliminating violence against women 17–20 May 2005, Vienna 2005.

• Logar, Rosa: The European Women’s Shelter Movement and its contribution to change: New challenges and future perspectives. Paper presented at the 1st World Conference on Women’s Shelters, 8–11 September 2008, Edmonton/ Canada 2008.

• Schröttle, Monika: Politik und Gewalt im Geschlechterverhältnis. Eine empirische Untersuchung über Ausmaß, Ursachen und Hintergründe von Gewalt gegen Frauen in ostdeutschen Paarbeziehungen vor und nach der deutsch-deutschen Vereinigung.

Bielefeld 1999.

• Tölle, Neva: Gesellschaft im Umbruch: Frauenhausarbeit in Kroatien. In: Verein Autonome österreichische Frauenhäuser (ed.): 30 Jahre Frauenhausbewegung in Europa. Vienna 2004, pp. 65–70.

• United Nations: General Recommendation No. 19 on Violence against Women, Committee on the Elimination of Discrimination against Women (CEDAW) 11th session, 1992, New York 1992.

• United Nations: Declaration on the elimination of violence against women, New York December 1993.

• United Nations: The Beijing Declaration and the Platform for Action, Fourth World Conference on Women Beijing, China 4–15 September 1995, New York 1996.

• United Nations: Good practices in legislation on violence against women.

• Report of the expert group meeting organized by United Nations Division for the Advancement of Women und the United Nations Office on Drugs and Crime at the United Nations Office at Vienna, Austria, 26 to 28 May 2008.

• http://www.un.org/womenwatch/daw/egm/vaw_legislation_2008/vaw_legislation_200 8.htm 25 november 2008, 2008.

• Walby, Sylvia: The cost of Domestic Violence. London 2004.

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

H ERSTORY

The story of Magda

My mother was barely 16 years old when I was born. Later, she got married and gave birth to more children. There are now 6 of us. From an early age, I had to assist her in running the household and taking care of the younger children. My mother worked hard to support us. My stepfather was a drunk. I had poor results at school and a lot of absences. I had too many other responsibilities to be able to concentrate on my studies and when I was in sixth grade, a school counselor decided to place me in an orphanage. I was sent to the children’s home in Upper Pilawa, where I finished primary school.

After I returned home, I wanted to continue my education, but to do so, I would have to remain financially dependent on my mother, who was barely earning enough to support us all.

A case worker was assigned to our family.

I went to work and began taking night classes to finish high school, but soon dropped out. After some time, I met a boy at work and fell in love. I rented an apartment and moved out of home.

I was 23 years old, and like every young woman, I dreamt of love, of having the closeness of a dear man and starting a loving and happy family. When I became pregnant, my boyfriend started to ignore me. I then decided to raise the baby by myself. When I met Mirosław, I was 5 months pregnant. It didn’t bother him, that I was expecting a child. I moved into his apartment in Struga. From the very beginning, he didn’t understand me – he wanted to have sex, but I was afraid for the baby. Still, at that time I thought that his behavior proved that he loved me very much.

When I went into labour, he called an ambulance that took me to the hospital. A few hours later, I gave birth to Karolinka.

Although she was born a month before my due date, she was a healthy little girl. The birth was difficult, and I still had several stitches when I came home from the hospital. That’s when hell started. Mirosław kept forcing sex on me, but I was in too much pain and afraid of pregnancy. I had no desire for physical intimacy. I was enjoying my baby girl, and soon he became very jealous of my love for her.

When he suggested that we officially register Karolina as his daughter, I agreed. I was still so full of faith in people, and didn’t expect him to become so cruel .He became increasingly possessive and aggressive He wouldn’t allow me to have my stitches taken out by my gynecologist – he removed them himself. I felt humiliated. Although I had some sexual experience, my knowledge on the subject was limited. I had never talked about sex with my mother and had received no education on that subject in school. Everything I knew was from books. I was never selfconfident and I was ashamed of my body. I was too shy to undress in front of him, especially if the light was on. Now I know that my shyness excited him even more. He couldn’t refrain

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from acting instinctively and ignored my feelings. During this time he lost his job at a construction site and started working as a woodcutter. He would return from work drunk, almost every day and wouldn’t accept my refusal to have sex with him. When I didn’t agree to intercourse-he raped me. It soon became an everyday occurrence. When he came back from work, no matter what I was doing – whether I was making dinner or taking care of my daughter – he would rip off my clothes and rape me in front of my child. Screaming, crying or pleading with him didn’t help. Karolina would start to cry. She knew something bad was happening. After he had finished, he usually went out with his friends for a drink. Often, when he returned, he raped me again.

I was trapped. I had no where to go. Several times I tried to run away to my mother, but he would always find me there. Many times I tried to talk to him about the risk of pregnancy, but he would ignore it. He considered it my problem and wouldn’t use condoms even though we had them in the house. In April 1999, I realized that I was pregnant again. He was furious. I was forbidden to tell anyone or to go to a doctor. He told our friends and family that I had a tumor in my stomach. In June, during a visit with my mother, my family insisted on having me taken to a hospital for medical tests. It made him angryhe wanted to hide the pregnancy. In April he borrowed money from a friend, explaining that we had financial difficulties because I was expecting another baby. When he paid back his friend in June, he told him that I had miscarried – even though I was still pregnant. I stared to give birth in the afternoon of the 12th of August 1999. I was alone, on the floor, screaming in pain. He didn’t call an ambulance, he didn’t ask anyone to take me to the hospital. He sat in the next room with my 16-month old daughter and watched television.

He claimed he didn’t hear me. One of our neighbors testified that he heard me screaming for 20 minutes, but no one wanted to intervene, because everyone was afraid of him. I gave birth to a son and while I was still holding him in my arms, he entered the room, cut the umbilical cord, took my child and left. I begged him to tell me where he took him, but he wouldn’t. He threatened that if I exposed him, he would kill Karolina. However someone saw him digging a hole in the garden. In September, an anonymous phone call led the police to intervene. We were both detained: he went to a police station where his uncle works and I was sent to another. We both passed psychological test in Cracow. He was released, and I was arrested. He hired two lawyers, which cost him 6000 zl. I was curious to know where he got such a sum of money, as we often didn’t have enough to survive. I was assigned a public defender, who never once talked to me, either personally or over the phone.

I found out where my baby was buried when the police found his body in the garden. It was quite difficult for them to unearth his body, and when they later testified in court, they said that it wouldn’t have been possible for a woman, who had just given birth to dig a hole and bury him. However, the courts medical examiner said that women after giving birth can react very differently-some are exhausted, others can move mountains. During the investigation and the trial he insisted that he did not know about my pregnancy and he had only learned about it from the police. The court believed him. A grown man, whose intellect was assessed “within normal limits,” did not know that

39

H ERSTORY

I could be pregnant after what used to do to me? After all, we still slept together, because he couldn’t control his sexual drive. He must have felt the baby moving, and afterwards- he must have heard him cry. Even if my tumor had actually burst, which is also what he told my family, shouldn’t a responsible man call a doctor? Maybe he was waiting for me to bleed to death? He performed his role so well that the court gave credence to his testimonies. Although the court agreed that my version of events was consistent with the version given by witnesses, still it was a version that the court found hard to believe. The court argued that my partner gave me a sense of security and stability in life. I don’t know on what basis, because I was never asked how I felt in this relationship. During both the psychological evaluation and the trial, I repeatedly described how I was treated, how unhappy I was and how I tried to escape in order to change my situation. The court misinterpreted my testimony and claimed that my trying to run away from my partner was proof that I have “a tendency to change partners.”

The court also claimed that my financial situation was so good that I never had to use welfare aid. Is 700 zloty to support a family of three including an alcoholic a good financial situation, or was this opinion the result of the courts’ arrogance and lack of imagination? On what basis did the court claim that I had no reason to fear this man? I was the one who suffered through violence and rape, and I am the only person who can say what that felt like. On what basis did the court consider that the pathological nature of our relationship was my fault? Does this mean that, according to the courts ruling, I was to accept without complaint the brutal way I was treated by my partner? I am the only person who can judge, whether or not I was mistreated.

The court sentenced me to 10 years in prison for the murder of my child, even though it was never proven. The reasoning of the judgment was “the need for legal awareness of society.” Society must be made aware that a woman is an object that men can choose what to do with, for their own pleasures and benefit.

The court, unable to prove that my partner murdered my son, virtually acquitted him (two years probation!), arguing that he demonstrated “an attitude of accepting universal moral laws.”(?). For the court, discrimination against women, the humiliation and violence, including rape must be written in moral laws.

It is not true that he has a good reputation – people are afraid of him. The only way that he has a clean criminal record is because he has contacts within the police. He works from time to time. It’s true that he owns an apartment.

Also, it’s true that he has already found another woman, who he will probably treat exactly like me – he will rape her in front of my child.

The court suspended my parental rights. Any effort that I made to change my daughters living situation has been refused by the Family Court. There are people, who would like to become foster family for my daughter, during the time I have to spend in prison. Why did the court place my child with a man who is a sexual deviant and has a known history of alcoholism? The Court of Appeal upheld the sentence. The prosecutor stated that “I chose to behave in a way that is not compatible with the essence of motherhood”. Men always know best what a woman should think, feel, how to behave, how to look, and what is the essence of motherhood.

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Council of Europe on violence against women – genesis of the Convention

Monika Ksieniewicz

From 2006 to 2008, the campaign “Stop Domestic Violence against Women” was carried out in 47 countries of the Council of Europe. A suggestive poster with the wrinkled face of a woman read, “It starts with screams and must never end in silence.”

During the campaign, seven conferences and regional meetings were convened.

For the first time, the COE campaign was conducted at all levels of decision-making: at the level of Member States’ national parliaments, governments and local governments. All events were coordinated by the specially created Task Force.

COE Secretary General Terry Davis has repeatedly stressed that violence against women is a violation of fundamental human rights and reminded that two main objectives of the campaign were as follows: to raise awareness of the problem of violence against women and to encourage countries to take concrete steps in order to prevent and combat violence more effectively.

Many countries, particularly the members of the European Union, have already taken adequate steps. They still differ, however, as to the importance of this problem in the eyes of policy makers and consequently, as regards the severity of the measures taken.

The most progressive legislation in the field of prevention of violence against women has been adopted and implemented in Spain.

Current Swedish Presidency of the EU Council (2nd half of 2009) organized a conference on “Men’s violence against women”.

In Poland, the draft of the new law on combating domestic violence is being discussed in the lower chamber of parliament.

In the course of countless discussions, member states presented their policies, including the steps taken within the framework of national action plans, aimed at preventing violence against women and punishing the perpetrators. The states have established or supported the establishment of assistance centres and helplines for victims, they have reviewed and amended legislation, improved their systems of data collection and intensified information campaigns.

Many participants emphasized the need to involve more men in these activities.

This, however, does not mean that the goals of the anti-violence programme have been achieved. The states should continue their work and deepen their cooperation in the fight against violence against women.

The report summarizing the work of the Task Force contains a number of demands

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Co u n c i l o f Eu ro p e o n v i o l e n ce a g a i n s t wo m e n – genesis of the Convention 

for further cooperation among the police, the judiciary, public services and NGOs involved in combating domestic violence against women. Participants in the conference held on the occasion of the publication of this report acknowledged that, given the completion of the Task Force’s work, it is necessary to establish a permanent body to monitor the prevention of violence against women. It was decided that this purpose would be best met by a new convention on combating violence against women, including domestic violence.

The Task Force has prepared a number of studies and analyses aimed at establishing minimum standards that should be met by member states in order to prevent domestic violence against women. We have learnt that there are no COE countries with free hotlines operating 24 hours a day, there are no countries with sufficient number of shelters and there are no countries where the crime is prosecuted ex officio. Without concrete measures taken by the Member States, the campaigns themselves are not enough.

M. de Boer-Buquichhio, the Deputy Secretary General of the Council of Europe, summed up the campaign as effective, but requiring follow-up. The most successful element of the campaign was an information campaign and cooperation at all levels of decision-making. Further action must be based on systematic data collection and further exchange of experiences and methods among the Member States. M Boer-Buquichhio supported the proposal to prepare a draft convention on violence against women and stressed the need to precisely define the scope of such convention that should go beyond the definition of domestic violence.

The convention on combating violence against women, including domestic violence, will protect girls and women against all acts of violence: physical, psychological and sexual. Based on the belief that vio-

lence against women is a violation of human rights and is based on gender differences, it would emphasize its specific character.

The Convention The Council of Europe does not make empty promises. In 2009, it organized two meetings of the Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO).

At its first meeting, Dubravka Šimonovič from Croatia was elected president of the committee. She was the most active participant in working group meetings during the campaign. Eric Ruelle from the French Ministry of Justice was elected as her deputy.

Apart from government representatives, the sessions of the Committee are attended by the following non-voting members: the representatives of the Committee of Regions, of the Parliamentary Assembly, of the COE Commissioner for Human Rights and of the following non-governmental organizations: Amnesty International, the European Women’s Lobby and the WAVE. Renée Römkens from the University of Tilburg and Christine Chinkin of the London School of Economics and Political Studies serve as expert advisors to the Committee.

John Kleijssen representing the COE Directorate for Human Rights and Legal Questions listed three main reasons why COE has decided to work on a new convention. It was found that the convention is necessary since member states do not ensure: sufficient protection for women experiencing domestic violence; effective prevention of violence; an effective judicial system.

He expressed his satisfaction that member states have appointed to the committee not only lawyers, but also experts on gender equality – mostly people who were involved in running the COE campaign, which had lead to setting up the

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Monika Ksieniewicz 

limiting the scope of the convention primarily to domestic violence. This time, however, the delegates managed to reach a compromise that the Convention should cover the broad spectrum of forms of violence against women and domestic violence.

The Convention will cover all forms of violence against women, but not all of them will be penalized. Distinct forms of violence will be dealt with in different ways. Some provisions may have a declarative character and not provide for any penalty, but serve an important educational role. It was agreed that criminal provisions will be, in principle, gender-neutral. The Convention will require COE member states to amend their national laws in order to penalize psychological, physical and sexual violence, sexual harassment, stalking, forced marriage, female genital mutilation as well as an assistance in committing or an attempt to commit such an offence.

The Committee decided to draft one convention that in the future may be supplemented by additional protocols, including the protocols on combating violence against children and the elderly. It was also agreed that the future convention should be equipped with an effective and independent monitoring mechanism. The implementation of the Convention is to be monitored by to the so-called Expert Group, consisting of 10–15 people of the highest moral character who are independent experts in the field of human rights or violence against women. They will be elected by the Committee of Ministers from among the candidates recommended by governments, observing gender and geographical balance. Candidates will be appointed for a specified period, with the possibility of re-election.

The work on the text of the Convention has begun in November 2009 and will be continued in course of three meetings to be held in 2010. The final text of the Convention should be adopted in late 2010 or 2011.

committee and to the proposal to prepare and adopt the new convention.

Carlo Chiaromonte, the Secretary of the Committee, reported that the group’s mandate expires in October 2010, so the convention should be drafted by that time.

The construction of the Convention will be based on the famous Rule of 3 p: prevention, protection and prosecution.

In the first round of discussions, most Member States congratulated the Secretariat to organize this historic meeting; so far there has been no binding law on domestic violence.

The first committee meeting focused on exchanging views on the scope of the future legal instrument. Some Member States believe that the convention should be gender specific and therefore deal exclusively with crimes against women. Other states opted for an instrument with a broad spectrum, encompassing all forms of domestic crimes occurring between those who remained in close relationships, regardless of their gender and formal nature of the relationship.

Still other countries proposed that the convention should cover a wide range of abuses and at the same time deal with specific crimes against women in a separate section or an additional protocol. Different points of departure resulted in a heated debate which, however, did not bring about the compromise. Most delegations opted for a monitoring mechanism to be included in the convention. Criminal provisions of the Convention will be defined in a neutral way, without specifying the gender to be protected.

During the second round of deliberations, the Committee focused on the analysis of the draft report submitted to the Council of Ministers. As regards the scope of the future convention, 22 delegations, including a Polish one, supported the assumption that it should cover all forms of violence against women, including domestic violence. Nine delegations were in favour of

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Handbook for parliamentarians Parliaments united in combating domestic violence against women1

Parliamentarians can play an active, committed and indeed vital role in combating violence against women by promoting prevention, help for victims and/or survivors, action to make the public aware of this assault on human dignity, and by criminalising acts of domestic violence. Political determination is essential if we want to put a stop to domestic violence and change

Several types of action are possible: Taking a clear, decisive stand on domestic violence against women Making sure that parliament discusses action to stop domestic violence.

Organising public and parliamentary debates to highlight the problem, and parliamentary hearings to review laws and other measures introduced to deal with it, and assess their effectiveness.

Taking a political and public stand against domestic violence. Possibilities include a solemn declaration, in which parliament affirms its determination to eliminate such violence, or a declaration signed by individual parliamentarians, who themselves pledge to work against it.

mentalities.

1 This section has been excerpted from the publication by the Council of Europe “Handbook for Parliamentarians – Parliaments United in Combating Domestic Violence Against Women”.

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Promoting laws and regulations What can parliaments and parliamentarians do?

Ratification of international instruments Parliaments can ask governments to keep them informed of their plans for ratification and implementation of international instruments. If ratification requires parliament’s approval, it can urge the government to send it the texts concerned for that purpose, thus expediting ratification and ensuring that they take effect rapidly.

Harmonisation of national and international law Parliaments can ensure that governments table legislation which accords with international agreements. Parliamentarians should also use their constitutional right to initiate legislation and table bills themselves in parliament. This will lead to: adoption of laws, budgetary measures and national plans to put a stop to domestic violence against women. Such action should include: criminalising and punishing rape within marriage, in the same way as rape outside marriage, and barring violent spouses from the home (if not already provided for); opening shelters for victims of domestic violence and for their children; training the staff concerned (health workers, police, the courts, social and education services, etc.); setting up treatment centres for the authors of domestic violence; compiling gender-disaggregated data, including the type of violence and relationship between perpetrator and victim; proposing that effective action be taken to prevent and combat violence against women, through laws and national action plans based on Committee of Ministers

Recommendation Rec (2002)5, with regular assessment of such measures; setting up multi-party parliamentary committees on domestic violence to propose new initiatives and monitor existing ones.

Supporting the preparation of national action plans Parliamentarians represent the people, are themselves the product of civil society, and are well placed to promote the interests of those who elected them. Being in close contact with their constituents, they are fully aware of their problems. They can play a useful part in devising action plans to ensure that national and international legal obligations are respected – and their involvement brings these plans more fully into line with the public’s real needs and concerns. They can help by: involving national and local NGOs working against domestic violence in parliamentary discussion of new laws and regulations; organising seminars on domestic violence with medical and paramedical staff, school staff, police officers, socio-professional groups working in particular with women, and trade union and NGO representatives; paying special attention to the groups most exposed to the dangers and consequences of domestic violence, for example, migrant women and women with immigrant backgrounds, Roma women, women from other ethnic minorities, pregnant, disabled or vulnerable women, women in precarious situations, and women with alcohol and drug problems.

Assistance in ensuring that compulsory reports are submitted Many international instruments require governments to submit regular reports on action taken to comply with them. Parliamentarians, as representatives of the people, are particu- larly well placed to assess the work of the executive in preparing these reports.

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Ha n d b o o k f o r p a r l i a m e nt a ri a n s 

Exercising parliamentary supervision Parliaments exercise their supervisory function in several ways: by examining governments’ reports on their activities; by putting questions and parliamentary questions to ministers; by setting up special committees, by organising field trips to check on government action and by suggesting corrective measures, etc.

What can parliament and parliamentarians do?

They can: put pressure on governments to ensure that they respect their international legal obligations; question the government on action taken to enforce laws on domestic violence, and on resources committed to combating it; campaign for the appointment of a parliamentary commissioner/ombudsperson for violence against women; promote discussion in parliament on issues connected with the Parliamentary Assembly’s work on domestic violence; make sure that every effort has been taken to publicise the laws adopted and action taken to assist the victims of domestic violence; help to audit/assess action taken by government on domestic violence, and promote the necessary reforms; include action against domestic violence on the programme for study visits aimed at allowing parliamentarians to learn from one another, exchange good practices and/or provide technical assistance for parliaments wishing to make their laws on domestic violence more effective.

Mobilising appropriate financial resources in parliament Most national budgets must be approved by parliament, and this gives the latter a substantial say in the use of public money.

What can parliament and parliamentarians do?

They can: ensure that substantial sums are spent on combating domestic violence. Parliaments can usually insist on changes in national budgets, within the limits of the total sums provided – and can thus ensure that this sector gets adequate funding; set up a compensation fund for victims, based on fines paid by perpetrators of domestic violence; encourage governments to contribute voluntarily to the funding of international co-operation schemes aimed at stopping domestic violence against women. These contributions should be formally provided for in national budgets; encourage governments to fund specific national and European projects at intergovernmental, parliamentary, local and regional level.

Using parliamentary office to help combat domestic violence against women, on all levels of action and representation Parliamentarians are, first and foremost, elected representatives with local constituencies. They promote their fellow citizens’ interests, and protecting their human rights is part of this. As parliamentarians and party members, they have influence and the power to initiate change. Often, too, they have community functions.

Their contacts with local business, social and cultural actors put them in close touch with the public and their everyday problems – even private problems.

What can parliamentarians do?

They can: suggest ways of publicising the problem of violence against women, making peo-

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ple see that this is an assault on human dignity in the member states of the Council of Europe and encourage every citizen to act to stop it; launch, support and raise funds for local anti-violence projects, having first identified local needs and interests – and the type of project likeliest to serve them. Get involved in the implementation of these projects. This is something which parliamentarians can do particularly well; help secure parliamentary backing for anti-violence projects launched by NGOs and by local and regional authorities; promote dialogue with local authorities, encourage them to combat domestic violence, and persuade decision makers and fund providers to back their efforts; remind the media that stereotyped images of women can trivialise domestic violence; ensure that their own party acts to stop domestic violence and promotes human rights as a keystone priority in its policy statements and other guiding texts.

Questions and answers You want to do something about domestic violence, but your associates are hard to convince? The following are some of the most common objections – and a few counter-arguments.

“The anti-violence measures you’re proposing cost too much.”

Providing protection and social backup for the victims of domestic violence certainly costs a lot of money, but dealing with the financial consequences of violence – legal costs, medical care, lost working hours, emergency accommodation, legal and psychological support for victims, etc. – costs even more.

Money spent on preventing domestic violence reduces its financial impact and opens the way to increased gender equality.

“Does domestic violence really exist in each European country? Surely it’s limited to certain social groups or ethnic minorities?”

Domestic violence against women is a problem in all Council of Europe member states, and an attack on human dignity. It is not specific to certain countries, age groups or communities, and occurs in all types of family relationship and in every social milieu.

The Assembly rejects any attempt to link domestic violence with specific cultures or religions, since this may lead states to shirk their duty of eliminating such violence in all its forms.2 Statistics do not seem to show that domestic violence is more widespread in immigrant communities. However, immigrant women victims of domestic violence encounter extra problems, due to language barriers, family pressure, and sometimes the fact that their legal status depends solely on the husband they have joined. Specific measures must therefore be taken to ensure that immigrant women who are victims of domestic violence enjoy equal and effective access to legal rights and protection.

“Why is nothing ever said about violence against men, including domestic violence?”

The Council of Europe does not deny that men can also be subjected to psychological or physical violence by partners or families (see explanatory memorandum on Recommendation Rec (2002)5 of the Committee of Ministers to member states on the protection of women against violence). At the same time, research carried out in some member states on male victims of violence by women shows that this, statistically, remains a minor phenomenon for the time being.

2 Document 10934 (19 May 2006): “Parliaments united in combating domestic violence against women”, Parliamentary Assembly of the Council of Europe, Ms Cliveti.

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Ha n d b o o k f o r p a r l i a m e nt a ri a n s 

Moreover, the special features of violence against women and girls, as compared with other types, justify the action taken against it. For one thing, it reflects general domination of one sex over the other. For another, society is frequently readier to accept it. Often, too, violence against girls is an expression of cultural or religious traditions which conform to those patterns.3 Thus, the Declaration on the Elimination of Violence against Women, adopted by the General Assembly of the United Nations on 20 December 1993, clearly states that “violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women” and that “violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men”. Moreover, as Yakin Ertürk, Special Rapporteur on violence against women, says in a report for the United Nations Economic and Social Committee:“This universal phenomenon is embedded in a patriarchal legacy, at the core of which lies the interest of a social group in sustaining and controlling socially acceptable lines of reproduction of the species. Within this context, as an institutionalised special mechanism, male power is used to control women’s reproductive capacity and sexuality. […] This basic tenet of patriarchal gender order represents a convergence of cultures where violence or the threat of violence has been used as a legitimate mechanism of enforcing and sustaining that system of domination.”

Recommendation tee of Ministers to tection of women on 30 April 2002, paragraph 24.

3

Rec(2002)5 of the Commitmember states on the proagainst violence, adopted explanatory memorandum,

These are some of the reasons which led the Council of Europe to focus its campaign on violence inflicted on women.

• Source: Economic and Social Council of the United Nations, doc E/CN.4/2004/66, Integration of the human rights of women and the gender perspective: violence against women – towards an effective implementation of international norms to end violence against women, 26 December 2003.

“I can’t ‘sell’ domestic violence – the press and my constituents aren’t interested.”

In denouncing domestic violence, we are promoting human rights and personal dignity. This is something which affects voters in their daily lives, and parliamentarians have a chance to break the silence, start working on the issue – and change those daily lives.

In denouncing domestic violence, we are fighting for greater gender equality and taking arms against a patriarchal culture which locks people into a relationship where men have power over women and control their lives.

Eliminating domestic violence is a major social challenge – and men, women and the whole community will benefit if we meet it successfully.

Every day, the media report domestic tragedies which show how little the authorities can do to protect certain members of the public. In combating domestic violence, parliamentarians show the media that they are not prepared to sit back and accept a situation which no state governed by the rule of law can tolerate.

“All the same, you can’t put a violent husband out of his own home – it’s his property and he has a right to it!”

Article 1 of Protocol No. 1 to the European Convention on Human Rights states: “No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”

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When domestic violence puts a person at risk, the police should have power to expel the culprit from the home at once, regardless of who owns it and of any objections by others who live there.

Recommendation Rec (2002)5 provides for restraining orders, banning perpetrators from approaching the victim’s residence and/or other places (in the past, it was the victim who had to leave the home). Some Council of Europe member states already have rules of this kind, which are designed to protect victims and also spare them the additional trauma of having to leave their homes. In Austria, for example, expulsion by the police is an administrative measure, and must later be confirmed by the courts.

Good practices: specific parliamentary initiatives – a few examples Domestic violence, an aggravating circumstance France: Act No. 2006–399 of 4 April 2006, introducing more stringent measures to prevent and punish violence perpetrated by spouses/partners or inflicted on minors The act introduces harsher penalties for violence on the part of previous or present husbands/partners.

Spain: Implementing Act 1/2004 on measures to provide comprehensive protection against gender-based violence.

Violence perpetrated by a spouse/ partner is an aggravating circumstance and carries a heavier penalty. Under Article 147 of the Criminal Code, for example, the normal prison sentence for assault and wounding is 6 months to 3 years, but this increases to 2 to 5 years, when the offender is a spouse/partner.

Cyprus: The Act on violence “in the family” Under the act, violence committed in the family is an aggravated offence, and

carries a heavier penalty than other forms of violence covered by the Criminal Code.

Shelters and accommodation for victims of domestic violence Legislation on housing/tenancy agreements United Kingdom: Housing Act 1996, Homelessness Act 2002, the Homelessness (priority need for accommodation) (England) Order 2002 with accompanying Code of Conduct Under Article 6 of the above order, priority goes to persons who are “vulnerable as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence from another person which are likely to be carried out”.

The Code of Guidance says that local authorities should not, when enforcing the act and assessing the risks in specific cases, endeavour to secure proof of violence or contact the perpetrator. It makes the point that the effects of domestic violence are sometimes cumulative, and that incidents recurring over time can undermine victims’ self-confidence and so make them more vulnerable.

Canada: Amendment to Article 174 of the Quebec Civil Code In cases of domestic violence or sexual aggression threatening the safety of the victim or her children, Article 174.1 of the Quebec Civil Code can be used to annul a tenancy agreement. The landlord must be given three months’ notice, accompanied by a signed statement from a civil servant or representative appointed by the Minister of Justice, confirming that a danger exists. The person signing must first see a declaration, made by the victim on her honour, detailing the risk to which she is (or has been) exposed. The whole must be accompanied by supporting documents from persons familiar with the victim’s situation.

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Ha n d b o o k f o r p a r l i a m e nt a ri a n s 

France: Circular of the Ministry of Housing and the Ministry of Women’s Rights This circular asks heads of department to give priority to the special needs of women in situations of extreme distress, including women heads of family and victims of domestic violence with children, when drawing up departmental action plans for under-privileged persons.

Shelters for women and children Turkey: Municipalities Act Section 14 of the Municipalities Act (Law No. 5272) which came into force on 24 December 2004, requires major cities and towns with over 50 000 inhabitants to provide shelters for women and children. The Directorate General for the Status of Women is preparing a standard service model to provide local authorities with guidance on running the services for women which the Act requires them to provide. This has been sent to municipalities and provincial governments. To ensure a certain level of quality in these shelters, norms have been drawn up and sent to the major cities.

Removing violent spouses Austria: Federal act on protection against violence in the family, 1 May 1997, amended in 2003 (came into force on 1 January 2004) This act allows the police to expel any person who represents a threat to others in the home, regardless of his relationship with them or his rights as owner of the home, for a period of ten days, which may be extended at the victim’s request.

The 2003 amendment extends this protection to anyone who lives, or has lived, with a potentially violent person in a family or family-type relationship.

The police have sole authority to enforce these measures, no action by the victim is necessary. The violent person in question is banned from entering the home or

any place frequented by the victim (workplace, school, etc.) specified in “Needs of the victim for effective protection”.

The police are even required to seek injunctions against arrested offenders, since release is a constant possibility. If an injunction is annulled, the victim must at once be informed.

The police visit and interview the victim within 24 hours, and refer the case to the relevant provincial action centre, which then contacts the victim, gives him or her free advice on securing his or her rights and provides free assistance during court proceedings.

The police, first resort in cases of domestic violence Most victims of domestic violence turn first to the police for help – but the police are not always diligent in following up their complaints. There are countries where certain forms of violence against women are traditionally seen as private matters – with the result that victims get no justice and are deterred from reporting offences. Research shows indeed that a mere 2% to 20% of women victims file complaints, or do so only when repeatedly subjected to violence.

Women victims of domestic violence should be able to count on a sympathetic hearing at their local police station, and rely on the police to treat them respectfully, offer help and protection, and explain procedures. They must also be certain that appropriate action will be taken against the perpetrator. Police officers whose behaviour is incompatible with respect for human rights or victim protection should be prosecuted or disciplined.

Models might include the UK approach to dealing with rape victims, the Family Violence Unit at the Strasbourg police headquarters (the only one of its kind in France) and the “specialist officers” appointed at Paris police stations.

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In Austria, many Länder authorise or require the police to send personal details of victims to a special guidance centre (action centre), advise it of all banning orders, and indeed all cases in which the police take action on domestic violence.

In Denmark, police training covers violence against women.

In Germany, many of the schools which train social workers cover domestic violence in depth, and some Länder have arranged special training for police and appointed trained facilitators to police units; the government has also produced interactive CD-Roms to train police and hospital staff.

• Source: Document 10934 (19 May 2006),“Parliaments united in combating domes- tic violence against women”, rapporteur: Ms Cliveti (Romania, Socialist Group).

Guaranteeing the economic survival of victims of domestic violence

Budgetary provision for victims United Kingdom: Domestic Violence, Crime and Victims Act 2004 The authority responsible for awarding compensation in cases of criminal injury may compel offenders to pay victims compensation.

Serious and repeat offenders face additional fines on conviction, and these are paid into a special fund for victims.

Domestic violence and immigration law Austria: Regulations limiting the num­ ber of work permits issued to aliens Under these regulations, the statutory limit on the number of work permits

issued to aliens may be exceeded in certain cases, including cases of domestic violence. This provision was inserted in the regulations in 1997 (Federal Law Gazette II, No. 256).

The aim was to ensure that women migrants exposed to domestic violence could earn a living, but the rules proved over-restrictive. They were accordingly supplemented in 2003 (Federal Law Gazette II, No. 249). The following now suffice for entitlement to a work permit: a police report on a violent spouse (a final criminal conviction was the previous requirement), a divorce under foreign law (a decree of divorce based on fault, granted by an Austrian court, was the previous requirement), or report or confirmation of presumed domestic violence by qualified persons or institutions, for example, doctors, hospitals, action centres, shelters for battered wives, youth aid bureaux, etc.

Domestic violence and labour law Spain: regulations on civil servants who are victims of gender- based violence. The Concilia Plan was signed by the Spanish Government in December 2005 and is aimed at the country’s 500 000 civil servants, giving them: the right to apply for transfer to another unit or locality.

Civil servants subjected to genderbased violence and obliged to leave their jobs may ask to be appointed to another unit or locality. the right to take special leave without first working for a mini- mum period The Concilia Plan allows civil servants to take special leave, for the purpose of defending themselves effectively, without stipulating that they must have a minimum period of service or hold a permanent post. For the first two months, they receive their full salary.

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

European Parliament resolution of 26 November 2009 on the elimination of violence against women

The European Parliament,

of 20 December 1993 (A/RES/48/104), the UN General Assembly resolutions of 12 December 1997 entitled “Crime prevention and criminal justice measures to eliminate violence against women” (A/ RES/52/86), of 18 December 2002 entitled “Working towards the elimination of crimes against women committed in the name of honour” (A/RES/57/179), and of 22 December 2003 entitled “Elimination of domestic violence against women” (A/ RES/58/147), the reports by the UN High Commissioner for Human Rights’ Special Rapporteurs on violence against women, and the General Recommendation No 19 adopted by the Committee on the Elimination of Discrimination Against Women (11th session, 1992), – having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and Parliament’s resolutions of 18 May 2000 on the follow-up to the Beijing Action Platform(1)

– having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, – having regard to other UN instruments on violence against women, such as the Vienna Declaration and Programme of Action of 25 June 1993 adopted by the World Conference on Human Rights (A/ CONF. 157/23), the Declaration on the Elimination of Violence against Women

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and of 10 March 2005 on the follow-up to the Fourth World Conference on Women – Platform for Action (Beijing+10)(2), – having regard to the report of the UN Secretary-General of 6 July 2006 entitled “In-depth study on all forms of violence against women” (A/61/122/Add.1), – having regard to the Charter of Fundamental Rights of the European Union, – having regard to the UN General Assembly resolution of 19 December 2006 entitled “Intensification of efforts to eliminate all forms of violence against women” (A/RES/61/143), – having regard to resolution 2003/45 of the UN Commission on Human Rights of 23 April 2003 entitled “Elimination of violence against women” (E/CN.4/ RES/2003/45), – having regard to the resolution of the Inter-Parliamentary Union adopted by the 114th Assembly on 12 May 2006 on the role of parliaments in combating violence against women, – having regard to its resolution of 16 September 1997 on the need to establish a European Union wide campaign for zero tolerance of violence against women(3), – having regard to its resolution of 2 February 2006 on the current situation in combating violence against women and any future action(4), – having regard to its resolution of 11 October 2007 on the murder of women (feminicide) in Mexico and Central America and the role of the European Union in fighting the phenomenon(5), – having regard to its resolution of 24 March 2009 on combating female genital mutilation in the EU(6), – having regard to the questions of 1 October 2009 to the Council (O0096/2009 – B7-0220/2009) and Commission (O-0097/2009 – B7-0221/2009) on elimination of violence against women,

– having regard to Rule 115(5) of its Rules of Procedure, A. whereas the Beijing UN Platform for Action defined violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, B. whereas the Beijing UN Platform for Action stated that violence against women is a manifestation of the historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and the prevention of women’s full advancement, C. whereas men’s violence against women is not only a public health problem, but also an aspect of inequality between women and men, which is an area in which the EU has the mandate to take action, D. whereas equality between women and men is a core principle of the EU, recognised in the EC Treaty and in the Charter of Fundamental Rights of the European Union, E. whereas men’s violence against women represents a violation of human rights, and in particular: the right to life, the right to safety, the right to dignity, the right to physical and mental integrity, and the right to sexual and reproductive choice and health, F. whereas men’s violence against women is an obstacle to the participation of women in social activities, in political and public life and in the labour market, and can lead to marginalisation and poverty for women, G. whereas, in its extreme form, violence against women can lead to their murder,

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Eu ro p e a n Pa r l i a m e nt re s o l u t i o n o f 2 6 Nove m b e r 2009 on the elimination of violence against women 

H. whereas violence against women goes hand in hand with violence against children and has an impact on children’s psychological wellbeing and lives, I. whereas violence against women as mothers directly and indirectly affects and has a long-lasting negative impact on their children’s emotional and mental health, and can create a cycle of violence and abuse which is perpetuated through generations, J. whereas men’s violence against women is a structural and widespread problem throughout Europe and the world, a phenomenon affecting victims and perpetrators irrespective of age, education, income or social position, and is linked to the unequal distribution of power between women and men in our society, K. whereas the types of violence perpetrated against women vary in different cultures and traditions, and whereas female genital mutilation, so-called crimes of honour and forced marriages are a reality in the EU, L. whereas situations of war and armed conflict, post-conflict reconstruction and economic, social and/or financial crises increase the vulnerability of women individually and collectively to male violence against them and should not be considered as an excuse to tolerate male violence, M. whereas trafficking in women for sexual and other purposes constitutes a fundamental violation of women’s human rights, and is harmful to the individual victims as well as to society at large, N. whereas the tolerance of prostitution in Europe leads to an increase in trafficking of women into Europe for sexual purposes, and to sex tourism, O. whereas there is no regular and comparable data collection on different types of violence against women in the

EU, which makes it difficult to ascertain the real extent of the phenomenon and find appropriate solutions to the problem, P. whereas the number of women victims of gender-based violence is alarming, Q. whereas the frequently distorted, consumerist image of women conveyed by the media undermines respect for human dignity, R. whereas, apart from economic dependence (which is often the case for women), important factors in female victims not reporting violence lie in the societal culture and representations suggesting that men’s violence against women is a private matter or that women themselves are often to blame for such violence, S. whereas frequently, for a variety of complex psychological, financial, social, and cultural reasons, women do not report men’s violence against them and are sometimes deterred from doing so by a lack of confidence in the police, the judicial system and social and medical services, T. whereas it has frequently called for the creation of a European Year for the elimination of all forms of violence against women, U. whereas the UN has declared 25 November the International Day for Elimination of Violence Against Women, and whereas an international seminar on violence against women is to be held at the European Parliament in December 2009, V. whereas there is a pressing need to introduce a comprehensive legal instrument aimed at combating all forms of violence against women in Europe, including trafficking in women, 1. Urges the Member States to improve their national laws and policies to combat all forms of violence against women, in particular through the development of comprehensive national action plans to combat violence against women,

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based on an analysis of the gender-equality implications of violence against women and the international treaty obligations of Member States to eliminate all forms of discrimination against women, and including concrete measures to prevent male violence, protect victims and prosecute perpetrators; 2. Urges the Member States to provide assistance, under appropriate national programmes and financing schemes, to voluntary bodies and organisations which offer shelter and psychological support to female victims of violence, not least in order to enable them to re-enter the labour market and in that way fully regain their human dignity; 3. Calls on the Commission to submit to the Parliament and the Council a targeted and a more coherent EU policy plan to combat all forms of violence against women, as stated in the Commission communication of 1 March 2006 entitled “A Roadmap for equality between women and men 2006-2010” (COM(2006)0092), to include measures to combat violence against women in its action programme for equal opportunities for men and women for 2011-2016, as well as concrete measures to prevent all forms of violence, protect victims and prosecute perpetrators, and to ensure that an analysis of the gender equality implications of male violence against women in all policy areas is carried out and that the EU institutions and the Member States develop a coordinated, committed and coherent response in order to eradicate such violence; 4. Urges the Commission to study the option of adopting new measures to combat violence against women; 5. Calls on the Commission to organise a special high-level conference to be attended by representatives of political bodies, civil society and social and institu-

tional organisations, with the aim of contributing to a process of developing more coherent policies addressing all forms of violence against women; 6. Calls on the EU to guarantee the right to assistance and support for all victims of violence, including trafficking in human beings, regardless of the victim’s nationality, and protection of female victims of domestic violence whose legal status might depend on their partner; 7. Calls on the EU to set up mechanisms to ensure that the gender-equality analysis of trafficking in human beings is part of all laws and policies aimed at preventing and combating trafficking, and to address the root causes of violence through preventive measures such as sanctions, education and awareness campaigns; 8. Points out that it is still waiting for the results of the Commission study on legislation on gender-based violence and violence against women; 9. Calls on the Commission and the Member States to ensure that female victims of violence have proper access to legal aid and to protection, irrespective of their nationality and the nature of their involvement in police investigations; 10. Urges the Council and Commission to establish a clear legal basis for combating all forms of violence against women, including trafficking; 11. Calls on the Commission to start work on drafting a proposal for a comprehensive directive on action to prevent and combat all forms of violence against women; 12. Calls on the Commission and the Member States to act to tackle the causes of violence against women, not least by employing preventive measures and undertaking awareness campaigns on the different forms that such violence can take; 13. Calls on the Commission and the Member States to embark on concerted ac-

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

Eu ro p e a n Pa r l i a m e nt re s o l u t i o n o f 2 6 Nove m b e r 2009 on the elimination of violence against women 

tion, including public awareness and information campaigns, on domestic violence, as well as strategies aimed at changing the social stereotyping of women through education and the media, and to encourage the exchange of good practice; 14. Calls on the Commission and the Member States to address violence against women and the gender-related dimension of human rights violations internationally, in particular in the context of the bilateral association and international trade agreements in force and those under negotiation; 15. Deplores, in this context, the lack of a meaningful gender dimension in the compulsory sustainability impact assessments which are carried out prior to the conclusion of such agreements, let alone any acknowledgement of the issue of sexual violence, and of a set of tools to analyse gender impact, and calls on the Commission to come forward as soon as possible with a proposal to solve this problem; 16. Calls on the Member States to have due regard for the specific circumstances of certain categories of women who are particularly vulnerable to violence, such as women belonging to minorities, female immigrants, female refugees, women living in poverty in rural or isolated communities, women in prison or other institutions, girls, homosexual women, women with disabilities, and older women; 17. Urges the Member States to step up measures to prevent gender-based violence among young people by providing for targeted education campaigns and better cooperation among stakeholders and the various circles affected by the phenomenon, such as families, schools, the public space, and the media; 18. Calls on the Commission also to address the international dimension of violence against women in the context of its work on corporate social responsibil-

ity, in particular in relation to European undertakings working in export-processing zones; 19. Stresses the importance of proper training for those working with female victims of male violence, including representatives of the justice system and law enforcement, with particular reference to the police, the courts, social, medical and legal services, labour market agencies, employers and trade unions; 20. Calls for the creation of mechanisms to facilitate access for women who are victims of gender violence or trafficking networks to free legal aid enabling them to assert their rights throughout the Union; insists on the need to improve cooperation among legal professionals and the exchange of best practices in the fight against discrimination and gender violence, and to find ways of eliminating obstacles to the recognition of legal acts in other Member States, including sentences for gender-violence offences and injunctions against violent men; 21. Welcomes the fact that courts have been set up in some Member States to deal with violence against women, and calls on all Member States to take this initiative further; 22. Calls for records concerning gender-based violence to play a central role within the European Criminal Records Information System (ECRIS); 23. Urges the Member States to introduce a coherent system for collecting statistics on violence against women, with particular reference to violence against minors, and including murders committed in the context of violence within the family or close relationships, in close cooperation with the European Institute for Gender Equality in order to obtain comparable data concerning violence against women throughout the EU;

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24. Urges the Member States to recognise sexual violence and rape against women, including within marriage and intimate informal relationships and/or where committed by male relatives, as a crime in cases where the victim did not give consent, and to ensure that such offences result in automatic prosecution and reject any reference to cultural, traditional or religious practices or traditions as a mitigating factor in cases of violence against women, including so-called ‘crimes of honour’ and female genital mutilation; 25. Notes that some Member States have been implementing policies aimed at recognising sexual violence between partners, and specifically marital violence, as a crime; calls on the Member States to study the outcome of those policies with a view to encouraging a Europe-wide exchange of good practice; 26. Calls on the Member States to take appropriate measures to stop female genital mutilation; points out that immigrants residing in the Community should be aware that female genital mutilation is

a serious assault on women’s health and a violation of human rights; calls on Member States either to implement specific legal provisions on female genital mutilation or to adopt such laws and prosecute all persons who conduct genital mutilation; 27. Calls on the EU to guarantee the right to assistance and support for all victims of male violence against women; 28. Urges the Member States to investigate without delay the extreme human rights abuses against Roma women, penalise the perpetrators and provide adequate compensation to victims of forced sterilisation; 29. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the UN Secretary-General.

(1)

OJ C 59, 23.2.2001, p. 258.

OJ C 320 E, 15.12.2005, p. 247.

(3) OJ C 304, 6.10.1997, p. 55.

(4) OJ C 288 E, 25.11.2006, p. 66.

(5) OJ C 227 E, 4.9.2008, p. 140.

(6) Texts adopted, P6_TA(2009)0161.

(2)

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Part I: NEW LEGAL AND POLITICAL STRATEGIES AGAINST GENDER VIOLENCE

H ERSTORY

The story of Dorota

I am 34 years old. All that remain of my marriage are two wonderful children and bitter memories resembling a horror movie rather than family life. My husband has abused alcohol since 1996. In 2001, he went to the clinic, but all attempts to treat him failed. Actually, he did not want to be treated. He had antabuse implants three times.

After having some vodka, my husband resembled the devil in human skin, who kept inventing newer and newer ways to humiliate me and our children. As if this were not enough, his mother blamed me for his addiction.

One day, I reported the case of domestic abuse to the prosecution. He was sentenced under Art. 207 of the Penal Code to one year imprisonment, suspended for three years.

On several occasions, he was punished by the administrative court for disturbing the neighbours. They, however, were reluctant to testify on our behalf. They were afraid of him. He rang them up at night and banged on their door. They might say anything anonymously, but not in court. Some even threatened me, that if I do not do something with my husband, they would demand our eviction. The case of criminal threats was discontinued. There were no witnesses. The Police refused to hear the children as witnesses. No one talked to them, no one asked about the stress they lived in or how it would harm their health, their thinking, emotions and ability to learn. What about their rights?! I sometimes wonder, on whose behalf those children rights have been adopted.

In addition to mental and physical abuse, my husband forbade us to use domestic appliances and daily necessities. He used to take them away from the house and sell them to buy booze. He claimed he had the right to squander our marital property, my life’s work, and that I couldn’t do anything to him.

In January 2007, he was again convicted under Article 207 – this time for two years in jail – a milder sentence for the same offense! The penalty was again suspended. Despite two convictions, my husband continued to abuse me and our children.

I called the police, but they were increasingly less likely to intervene. They were clearly fed up with us and complained that their interventions had not done any good. When the police refused to intervene, I sought help from the Women’s Rights Centre. They did what they could. However, the prosecutor did not want to bring another case because of two earlier convictions.

The court should first order the execution of suspended sentences. Why assume another case? – they argued.

The probation officer filed a motion to execute the sentence. The court was to make a decision at the closed ses-

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H ERSTORY

sion, but it was postponed from month to month. In the meantime, there were about 20 police interventions in our apartment. I was frightened of staying at home. I could no longer stand our daily rows. One day, in a court building, after another divorce hearing, he tried to push me down the stairs. I was afraid to return home. I put up at my friend’s place and with my parents in a neighbouring province. In October 2007, the court decided to maintain a suspended sentence. The judge was satisfied with his oral statement that he had not lived with us, had not contacted us and had started to work. He kept getting new jobs before each court sitting, and chucking them after. I submitted an application for a written justification of that ruling. I was told, however, that I was not a party, and I have no right to ask for justification. I returned to the apartment only when he left it. I had to change the lock, because he demolished the door so that I was not able to lock it.

My husband did not keep his promise to the court that was not going to live with us under the same roof. After a brief absence, he once again moved in, breaking the door. I filed a complaint for larceny and malicious destruction of property, but it was waived because his family testified that most of the things that were carried away or destroyed belonged to them, not to us. No one asked our children. I do not know why children are not allowed to testify, but are allowed to live in hell.

The Police managed to find out my husband frequented beer bars and tried to talk his friends into breaking into our apartment. There was theft, but no perpetrator, so the case was remitted again. After all these rows I was ashamed to come into our staircase, especially when the neighbours kept asking me to do something about the noise, or otherwise they would notify the cooperative and demand our eviction.

My husband holds full control over our property (two garages and an apartment). He rents them for a fee, but does not pay rent, so the debt is growing and is already about 4 000 PLN. The payment was deferred only until May 1, and if we hadn’t paid, a debt collector would have come. The division of our property could not be accomplished without a final decision by the court. I didn’t know how to get out of this vicious circle.

A new probation officer took to work very conscientiously. He gathered up everything you need to clarify the matter, and in February 2008, he filed another petition asking the court to execute the sentence, but it has not been approved, so far.

Finally, I decided I couldn’t stand it any longer. More than a year ago I moved out. There are still quarrels and drinking sprees at this place, but somehow nobody seems to care about it any more – there are few complaints in the cooperative. I had to go away because of the children, so that they could have quiet nights and normal conditions to learn and play, but also because of my mother in law, who poked her nose in everything. In March or April last year, I called the police be-

59

H ERSTORY

cause she insulted me in vulgar language. Another day, she helped her drunken son to carry away valuable things and to destroy the door to our apartment. She keeps denying that her son is addicted to alcohol and blames me for everything.

Next time, she threw shoes at my mother’s face and dumped the garbage on my head. When, in September 2008, I went to her apartment in the company of the police to take the satchel and books, she refused to open the door. She cried that she was frightened – I do not know of whom: of me or the police. She didn’t even bring the satchel to school. I have complained to the Public Prosecutor, but the Prosecutor’s office refused to initiate proceedings. They trusted my husband and his mother who said that there were no longer any of my things in the apartment.

When it happened, my husband had already been under the order of eviction. I could only sue in a civil court, but I couldn’t afford it. Why is it the aggrieved party that must pay to seek justice – not those who break the law! I always cry when I write about this. Nobody knows what I went through. I can’t come to terms with this in justice, that I can’t enter my own home there, I am still punished for it.

In court, when I asked to be exempted from court fees on grounds of poverty, I was advised to find a wealthy sponsor and pay the fee. Recently, for some months I couldn’t afford to buy glasses for my son. I was deprived of welfare benefits and periodic free lunches for my children, because our old Fiat was registered to my name, though it was actually the property of my husband.

My parents pay for my lodgings, for the treatment of my son, for their clothes and everything they need for school. Altogether, it must have been about 8 000 zlotys. Only thanks to Urszula Nowakowska from the Women’s Rights Centre my children have winter boots.

The divorce case dragged on for three years. My husband behaved aggressively even in court. He was coming under the influence of alcohol but it did not bother the judge. However, the ruling was in my favour. He was found to be at fault in the divorce, he was ordered to leave our apartment and his parental authority was restricted. He appealed, and to my surprise, the Court of Appeal reversed the sentence and found us jointly at fault for the dissolution of the marriage. His mother testified that she had seen me with some man in the car which convinced the court that I should also bear the blame.

My husband is still jobless. He regularly demolishes our apartment and does not pay the rent, so we may soon be evicted. He doesn’t care about the court rulings. He feels unpunishable. Meanwhile, I wander with children from place to place, without money and without work.

I do not know how to give my children a sense of security and faith in people. If there is justice, it might be in heaven; I am losing faith in worldly justice.

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Part II: POLAND – Women’s Hell on the eastern EU border

In defence of the “sacred family”: Polish state against women’s rights

Andrzej Dominiczak

In March 1994, John Paul II, the Polish pope, granted an audience to Ms. Nafis Sadik, the then undersecretary of the UN Conference on Population and Development. They met to discuss the agenda for the U.N. International Conference on Population and Development in Cairo. In an argument about the proposed recognition by the United Nations of women’s unrestricted reproductive rights, the pope categorically rejected the proposal: “In the field of family planning individual rights are not an issue. There are only the rights of married couples!”1, bluntly stated the Pontiff.

Ms Sadik insisted that the matter had to be addressed, as domestic violence was on the rise and women often became pregnant unwillingly. John Paul II burst out angrily, “Don’t you think that the irresponsible behavior of men is caused by women?”2 The Polish pope considered the family as the sanctuary and the heart of the culture of life, which should be defended by any means in the face of the West’s “cul-

ture of death”, which he saw as the ultimate expression of its profane evil. He deplored liberal democracies, where people, men and women, feel free and have the right to choose whether they want to have children, what type of lifestyles they wish to pursue, or whether they want to remain in an abusive marriage or seek a divorce.

The pope’s views of the family and individual rights of its members were not a novelty. They had shaped oppressive, patriarchal cultures for ages, but in Poland, where John Paul II is still a cult figure, they have played and still play a particularly pernicious role. The idea of the “sacred family” endowed with supreme rights has been delivered and preached countless times in writing and orally by the pope himself and by thousands of his followers: preachers and teachers, ultra-catholic politicians, judges, journalists and moralists: in schools, in the parliament, in courts, in the media and from the pulpits of the churches all over the country. It has permeated our minds and lives so deeply that today, having a family, any family, is the main goal and the highest value declared by the majority of the Polish people. Individual rights, personal

1 Carl Bernstein, Marco Politi, Córy Ewy: Jan Paweł II nie lubi kobiet, in: Andrzej Dominiczak, Bez Miłosierdzia, Prometeusz, Warszawa, 2004, p. 25.

2 Ibidem.

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must be repetitive in order to be punished.

Moreover, law enforcement and criminal justice officials do not generally treat domestic violence seriously. The commentary to Article 207 indicates expressly that it seeks to protect the family above all else: individual rights to life, health, freedom and bodily integrity are of only secondary concern. As one Łódź-based police officer reported, “the most important crimes are robbery, rape, murder and assault – certainly not domestic violence.”3 A police officer in Warsaw agreed, remarking, “In Poland, if you rate domestic violence on a scale of one to ten with one being the most important and ten being the least, it’s a ten.” Such attitudes, prevalent among many members of Polish society, reflect the belief that a crime committed between intimate partners is less serious than the same crime committed between unrelated persons.

Some police officers reported being frustrated by domestic violence cases, as they rarely result in punishment for the offender. This opinion is strongly supported by a number of studies which found that although the number of cases of domestic violence that have been reported to the police has significantly increased in recent years, there is a growing tendency among the state prosecutors to refuse to instigate, or to discontinue, the criminal proceedings. Why? Under Article 17 par. 1 (2)(3) of the Code of Criminal Proceedings, “proceedings shall not be instituted, or, if previously instituted, shall be discontinued, when the act does not possess the qualities of a prohibited act (…), or when it causes minimal social harm.”4

liberty and fulfillment are mostly not taken into account.

Familism and democracy Poland differs from democratic states in many ways, including the way it adheres to the principle of the rule of law and to other democratic and liberal principles.

The Polish state may respect the constitution, international treaties or domestic laws on condition, however, that they are compatible with the so called social teachings of the Catholic Church. For this reason alone, in 2007, Poland opted out from the European Charter of Fundamental Rights, as its full adoption might clear the way for gay and lesbian marriage equality.

The laws protecting women’s rights, particularly those that can undermine the “family collective”, seem to be equally reprehensible to God and his (or her?) local representatives, so in this field too, the state, its institutions and agencies give priority to the Catholic agenda. Typical of this approach is the stand taken recently by a prosecutor in the case from the town of Chodel in southern Poland, where a woman was murdered by her husband, who had abused her for many years and threatened to kill her on numerous occasions. The man justified himself by accusing his wife of infidelity. Amazingly, it proved to be a highly effective line of defense. A local woman prosecutor, who had taken up the case, ordered an examination of the sample of the tissue from the womb of the murdered woman to look for traces of other man’s sperm. “She was not saintly!” – explained the prosecutor to the mother of the victim.

Aberg, Kristina, Johanna Bond, Anne Daugherty-Leiter, Jean Norton, Robin Phillips, and Rachel Taylor. Domestic Violence in Poland.

Minnesota Advocates for Human Rights. 2002.

4 Beata Gruszczyńska, Przemoc wobec kobiet w Polsce. Aspekty prawnokryminologiczne. Oficyna a Wolters Kluver Business, Warsaw 2007.

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Theory and practice In theory, domestic violence is classified as a criminal offense under Article 207 of the Polish Penal Code, but the violence

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Andr zej D ominiczak 

In 2000, among 34 837 cases of mistreatment under Article 207, par. 1, the prosecution was discontinued in 13 504 cases – in 90 percent of cases under Article 17 par. 1(2) of the Code of Criminal Proceedings, which means that according to prosecutors, there had been no grounds to instigate the proceedings in the first place.

In 2005, the number of terminated cases was even higher (about 50 percent) – 80 percent of them on the same grounds.5 Particularly disturbing was the increase in the number of the cases dismissed under Art. 207 par. 2 and 3, when the perpetrator acted with extreme cruelty, or when the victim attempted suicide as a result of the abuse. In 2000, they accounted for 28 percent of instigated cases, and in 2005 – for 33 percent. One can assume that the decisions to discontinue may be mostly associated with the lack of sufficient evidence, however, the experience of women’s rights advocates and the studies conducted by the Women’s Rights Centre6 indicate that the main reason is the widespread neglect of the problem of domestic violence and the tendency to blame women for the violence inflicted upon them.

Despite the fact that only the most severe cases of violence end up in courts, most judges seem to pursue a similar policy. They do not treat cases of domestic violence seriously and impose little, if any, punishment on convicted perpetrators. Although the number of convictions is growing, still about 90 percent of cases which proceed to trial and end in a guilty verdict result in suspended sentences.7 Even in cases of violence with extreme cruelty, in one third of cases the judges

give perpetrators suspended or minimal sentences. In the case of convictions under section 3 of Article 207 (when the victim attempts suicide as a result of abuse), 66 percent of perpetrators receive suspended sentences.

In some cases, the courts interpret Article 207 of the Penal Code to permit a man to abuse his wife, either to preserve marriage or for the woman’s own “well-being.” The Court of Appeals in Krakow held the following: Abuse may be recognized as committed through necessity imposed by the desire to preserve marriage or justified by the well-being of children or the alleged victim or any other value protected by law and more important than the dubious dignity of misconducting victims. In such circumstances, even if violence amounts to maltreatment, it may still be recognized as not meeting the criteria of the offense under Article 207. In such circumstances, it may be recommended that the accused should be acquitted of any charges or that the penalty should not be imposed or that the victim should file a private charge against the perpetrator.8 There are many more appalling court rulings, not only in criminal proceedings.

Polish divorce laws, for example, have been absurdly designed primarily to preserve the family unit. Many women have difficulty leaving their abusers and obtaining satisfactory divorce settlements.

In one case, a woman was refused a divorce, as in a judge’s opinion, she did not prove that there had been an “entire and permanent breakdown of marital cohabitation”, which is required under Article 56 of the Polish Family and Guardianship Code. The truth was that for a number of years, she was repeatedly raped by her husband, who was convicted of this

Ibidem.

Andrzej Dominiczak, Law enforcement officers’ and prosecutors’ attitudes towards domestic violence, Women’s Rights Center, Warsaw, 2000.

7 Beata Gruszczyńska, Przemoc wobec kobiet w Polsce. Aspekty prawnokryminologiczne. Oficyna a Wolters Kluver Business, Warszawa 2007.

5 6

8 Urszula Nowakowska, Domestic violence against women and children, Report by the Women’s Rights Centre, Warsaw 2000.

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charge and sentenced to two years in jail.

According to the family court, however, forced sexual relations combined with threats and beatings constituted simply a form of marital cohabitation.

In many other cases, women who are granted divorce still live with their abusive husbands, as there is a serious shortage of affordable apartments. This unfortunate situation often results in further violence, or even in deaths of women. It should be noted that although the number of homicides in Poland has fallen since 2000 by a striking 40 percent, the proportion of homicides resulting from domestic violence (particularly the proportion of uxoricides) rose from 26,6 percent in 2000 to 32,5 percent in 2008.9

In women’s hell the times are not changing “The Women’s Hell” is the title of the collection of essays written by Tadeusz Boy-Żeleński and published in Poland ten years before the Second World War. Its author, an eminent Polish writer, translator and medical doctor, touchingly described the misery and sufferings of women, mostly impoverished women, deprived of their reproductive rights. The book, although 80 years old, is amazingly timely, except that in the reborn, “democratic” Poland the “women’s hell” has been extended with a new circle, considered to be, as in an Orwellian nightmare, the family heaven. This new circle in hell has been created by the Polish state for women victims of violence suffered at the hands of their partners and husbands, for women whose rights and feelings are of no concern to the blind defenders of immoral and inhumane dogmas.

National Police Headquarters, Statistical data on homicide in Poland, http://www.policja.pl/ portal/pol/4/44410/Zabojstwa.html

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Airing the dirty laundry: exploring the challenges of domestic violence in Poland 1

Małgorzata Dziewanowska Viktoriya Khomuk Liat Krawczyk

“The woman was seven months pregnant [….] The beating started in the backseat of the car after she had sex with her partner. He pushed her to the back seat of a very small Polish car where there was little space. He punched her in the head, arms, and belly. He pushed her on her stomach with his knees. She managed to crawl out of the car, but he got on top of her while she was lying on her stomach on the ground.

He sat on her and jumped many times. She managed to get home [and] called an ambulance to take her to the hospital. [.…]

During the sonogram, they saw that the umbilical cord was broken and the fetal heart was not beating. They did a cesarean section, but the baby had died from severe injuries. The baby had a broken skull, bleeding inside its brain, and a swollen liver [….] They needed to remove her uterus [….] If not for the loss of her uterus, her injuries would not have qualified as serious.

The man was charged with assault and with death of a child. He was sentenced to two years in prison. The prosecutor asked for ten years, but the additional eight years were for the loss of the uterus (Domestic Violence in Poland, 2002).

Polish society is currently undergoing dramatic political, economic, and social transition: from totalitarianism to democracy, from communism to capitalism, and from a passive society to a civic one.

However, in the field of women’s rights, both the current right-wing government and the Catholic Church have been exceptionally rigid and conservative in their view of women’s place in society. Indeed, political and religious authorities often see a woman’s role as serving the family entity as wife and mother, or as a mere reproductive unit. The Polish woman has been dangerously simplified and consequently deprived of many individual freedoms and rights; indeed, policies concerning them are presented primarily in the context of the family (Mach: 2000). As a result of these attitudes, stories such as the one presented above are not uncommon.

Domestic violence, the intentional use of power over another family member while 1 Published with permission from Humanity In Action – Poland.

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infringing upon their rights and/or causing them suffering and pain, is common in Poland where in 2006 alone over 39,000 women reported such violence (Szulc: 2007). Although there has been a movement to raise awareness about this problem and to deal with it legally, the codification of domestic violence as a crime is all too often undermined by the justice system’s failure to effectively enforce these legal provisions. As such, in order to reach the roots of the problem one must look not only to the legal foundations set to deal with domestic violence, but to the social perceptions of, and attitudes towards, the advancement of women’s rights.

to the “… illegitimate, atheistic regime held in place by [the] foreign (communist) power” (Stoltenberg, 2) were simultaneously Catholic believers and dissident citizens. It is due to the stateless history of Poland as well as the collaboration of “religiosity and resistance”(Stoltenberg, 2) in bringing about a democratic regime, that ethnicity and religion became the two most fundamental components of Polish identity (Gebert: 2007). Even today, over 90 percent of Poles identify themselves as Roman Catholic (Gruber: 1995).

Also, because of Polish society’s antagonistic relationship with and distrust of the communist regime, and because of Poland’s current unsteady state of transition, many Poles still fail to believe in government effectiveness; they look to social rules and approval in their everyday life from other sources, namely, the Catholic Church.

Polish Identity; a Historical Overview In order to truly understand the roots of gender perception and gender politics in Polish society, it is crucial to explore Polish history, namely, the formation of Polish identity and values alongside, and as a result of, the development of Polish nationalism.

Geographically bordered by seven countries, including historically powerful Germany and Russia, the Polish state was for centuries invaded, partitioned, and dominated by absolutist and totalitarian powers. Since the struggle for a sovereign Polish state was constant, Polish nationalism developed distinctly from that of most Western European countries. Primarily, nationalism formed in opposition to the state rather than within it. Moreover, the lack of a guaranteed state allowed encouraged the formation of a collective identity through the Catholic Church.

In times of communism, the church served not only as a point of religious unification for the Polish people but also a form of political rebellion against the atheist regime. Indeed, almost all those opposed

Conserving Tradition: Defining Gender Roles After its prominent contribution to Poland’s transition into democracy, the Church found a significant role in instilling Roman Catholic values into the new social order. Indeed, religion classes are taught in public schools, significant political changes such as the accession to the European Union are consulted with church authorities, and social mores lay strongly in religious doctrine. Thus, “The Catholic Church in Poland has not only spread the system of Christian values — it has been placed in Polish national structure. Because of this the Church has been one of the most important actors in the Polish socio-political life and it has always exerted a substantial influence on different fields of Pole’s life” (Dominiczak: 2002) The primary influence of the Catholic Church on Polish society has been the widespread reverence of family and the

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Polish-Catholic cultural construction of gender. Indeed, as in most societies, much of Polish society has internalized stereotypical views of the, “healthy woman” as caretaker of the family. In her article, Agnieszka Graff, a faculty member at Warsaw University, explains contemporary Polish resistance to the re-negotiation of gender roles as part of an attempt to create a “consoling narrative about an orderly past [by restoring] order in the realm of gender relations” (Graff, 3). Conserving traditional gender roles can be seen as part of a greater means of forming a collective identity in “an effort to dispel, or contain, collective ambivalence and anxiety concerning European integration and globalization, and the resulting diminution of Poland’s autonomy as a nationstate a mere decade and a half after this autonomy was restored” (Graff, 3).

A nation is made up of collective notions of what is “’natural’ and what is ‘cultural’. Therefore, the acceptance and naturalization of traditional gender ideologies “in the end, men are men and women are women.”(Graff, 9) has undercut the aura of change and enhanced nationalism by instilling a calming sense of timelessness among so many transitions. Consequently, the adherence of Polish women to accepted traditional roles reinforces the nation’s collective agreement and understanding of gender functions and responsibilities; women become bearers of culture (Graff, 3).

An interesting phenomenon Graff points to is the metaphoric representation of Poland, the nation, as a suffering woman who takes care of her male children while her husband goes off to war. This two-dimensional portrayal of Poland as a concerned mother limits the woman to a mere symbolic image taking away from her complex humanity (this can be seen in images 1-3, pg. 10). The metaphor of the Vir-

gin Mary as the ‘Queen of Poland’ further stresses the selfless “Matka Polka” (Polish Mother) who is admired for sacrificing her desires for the needs of her family, whose suffering is considered her strength (Graff, A different chronology, 2). Again, women are seen as self-sacrificing instruments through which tradition can be retained and a more stable society achieved.

Domestic violence – challenges for polish society Domestic violence is a serious problem in Poland where surveys show that one in six women has experienced violence at the hands of her male partner (Domestic Violence in Poland, 8: 2002). Perceptions of, and expectations from, women in Polish society have significant implications for victims of domestic violence as conservative tradition hinders women from recognizing, reporting, and seeking help when they experience abuse. According to Urszula Nowakowska, director of the Women’s Rights Center in Warsaw, the expectation of women to fulfill household duties causes many women to see their abuse as a result of their own failure to comply with familial obligations.

As Nowakowska describes, when women seek help at Christian-run organizations, they are often encouraged to attend family therapy along with the perpetrator. However, such therapy programs are unsuccessful; women are frequently encouraged to change their behavior and adjust to the situation by being more “obedient”, rather than to seek separation. By failing to view the perpetrator as responsible for violence, such programs contribute to the shifting of blame to the victim. Often, especially in rural areas, neighbors, friends, and even family view the victim as culpable for their own abuse. These people refuse to publicly ad-

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mit domestic violence as they see it as a reflection of the woman’s failure to fulfill household obligations rather than a crime that must be tried and condemned. Furthermore, Nowakowska explains, Church run programs stress that abusive men cannot control their own behavior. However, men’s lack of violence outside of the home show that they are capable of controlling themselves, but are unwilling to do so, or think their actions at home are justified.

Nowakowska states, “another misconception in Polish society about the causes of domestic violence is the association of such acts with poverty or alcoholism rather than a power-related act. In reality, abused women come from all facets of life regardless of marital status, occupation, education level, and economic situation”. Partly contributing to this fallacy is the government’s response to domestic violence through the State Agency for Prevention of Alcohol Related Problems.

However, basing “policies and programs on the premise that alcoholism causes domestic violence […] contradicts international research showing that, although alcohol may be a contributing factor to domestic violence, it is not the cause” (Domestic Violence in Poland, 9: 2002). As a result, women who do not come from alcoholic families don’t know where to look for help, as they do not see alcohol-related problems as applying to them.

The Catholic Church also plays an important role in the way women choose to respond to violence. Since marriage is seen as an unbreakable bond, the option of leaving abusive husbands is unacceptable (unless the woman’s life is at risk, in which case Church law allows for separation, although not divorce) (Priest Chudzik: 2007). Obstacles to divorce are aggravated by the law as divorce cases have been assigned to higher-level courts, which are

harder to access than family courts. Likewise, according to Ms. Zientara, a lawyer at The Committee for Protection of Child’s Rights, some church-supported legal institutions, such as the Law Clinic at Collegium Iuridicum that provides free advice for victims of violence, require volunteers to sign papers forbidding them to advise divorce as a solution as this goes against Christian values. As a result, many women, especially those in rural communities have very little possibilities of obtaining a divorce (Domestic Violence in Poland, 27: 2002). Also, in many cases women are psychologically, emotionally, and economically dependent on their husbands, making it almost impossible to file for divorce (Platek: 2007).

Notably, in Poland there seems to be a distinct separation between the private (home) sphere and public sphere. This separation is partly a product of communist times where the family sphere was the least penetrable place for the state (Gebert: 2007). The notion of “the family [as] a self-contained unit, deserving privacy at the expense of other rights and freedoms” (Domestic Violence in Poland, 23: 2002) is especially dangerous for victims of domestic violence. Women who are victims of domestic violence are expected to “bear their cross” or as Poles would say “not wash their dirty laundry in public”, leaving family issues private.

Reacting to domestic violence Despite its reluctance in re-defining gender roles, the Polish government has taken measures to address domestic violence, recognizing it as a criminal offense under criminal code article 207. However, it seems that despite significant improvements in legislation for dealing with domestic violence, the government is still hesitant to take large steps towards recog-

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nizing, dealing with, and condemning domestic abuse. For one, government prosecutors do not consider isolated instances of abuse as domestic violence. In the case that a woman wants to file a report after a single severe incident (the deprivation, or serious crippling of critical bodily functions), her abuse will be publicly prosecuted as a crime against the individual. However, if the single incident is not severe, the prosecution will only be pursued when initiated by the victim (Zientara: 2007).

In reality though, women who experience single abusive incidents are often unaware of their legal options and find the legal process confusing and frustrating, usually choosing not to prosecute (Nowakowska).

Of the most critical actors responsible for dealing with domestic violence are police authorities as they are often the first to interact with the victim after abuse is reported. Under law there are a number of procedures police have to follow in cases of domestic violence. As Commander Iwona Szulc from Police Headquarter explains, principally, police are required to check the homes from which they receive reports, to validate the call, and then to determine the type and severity of the crime. If the incident is an act of violence within the family, police authorities fill out a “blue card”, a card containing information about the occurrence along with witness data; a sheet explaining domestic violence as well as emergency information is left for the victim. These ‘blue cards’ are designed to “standardize the procedure for police interaction with families experiencing domestic violence” (Domestic Violence in Poland, 31: 2002). Cards are then sent to the local precinct and must be followed by a visit to the home by police within a week to assure that the violence hasn’t continued. Although these follow-ups are mandatory, such visits do not always occur; they are often consid-

ered “impractical, because police are too busy to check in with families that report abuse” (Domestic Violence in Poland, 31: 2002). Moreover, according to Ms. Nowakowska, since some police officers see domestic violence as a family issue, they will use any hesitation on part of the woman to prosecute, as an excuse to poorly investigate the issue and dismiss the case.

In terms of dealing with the immediate family situation, it is only in very serious cases- when the perpetrator is violent to the police, in front of the police, or under the clear influence of alcohol, that the police are allowed to arrest the man; however, confinement can only last between 24-48 hours and the perpetrator can soon return home. This inefficient dealing may discourage women from reporting incidents of violence for fear of retribution.

Another provision recently added to the law is the right to file a restraining order after incidents of domestic violence (Zientara: 2007). However, these orders can only be filed if the perpetrator is under arrest, in which case he is given the option of leaving his home or continuing arrest. In actuality though, most prosecutors don’t understand the importance of temporary detainment thus making separation of victim and perpetrator rare; again, the victim often experiences more violent attacks.

Women who are victims of domestic violence are also advised to conduct an evidentiary medical examination. Forensic doctors who provide documentation of women’s injuries in domestic violence cases often doubt the ‘credibility’ of the wounds and believe the injuries are selfinflicted as to receive favorable divorce settlements (Domestic Violence in Poland, 9: 2002).

According to Ms. Nowakowska, a critical reason domestic violence has not been dealt with efficiently enough is the clas-

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sification of domestic violence as a crime against the family, a collective unit rather than a crime against the individual; the choice to prioritize family over the individual shows the influence of the Catholic Church on public policy. In addition, society fails to see domestic violence as a gender issue despite the fact that women are the ones most affected by this type of abuse; women are seen as part of a greater family unit rather than an entity in and of themselves. Prosecuting domestic violence as a crime against the individual could endanger Catholic principles regarding gender and family structures as it could lead to the breakup of family. However, classification of domestic violence as a family violation has led to extremely hazardous verdicts in court. Indeed in 1997, a judge in a domestic violence case stated that domestic violence is not verbal abuse or even physical violence if it is for the ‘good of the family’; the victim provoked the abuse by ‘behaving badly’ in her home. Similar judgments were repeated again in 2000 and 2005.

Such verdicts highlight the danger of incorporating traditional values of the Catholic Church into law and their clash with democratic principles.

Conclusion Domestic violence is a serious problem affecting thousands of women in Poland today. In exploring the roots of such violence in Polish society various issues arise. Most prominently, given the turbulent past of the Polish people, social trust has turned to nationalist and Catholic values and institutions. Although nationalist and religious morals are meant to reinforce a united society, insistence on traditional gender roles is often detrimental to women, especially victims of domestic abuse. Women are expected to keep do-

mestic violence a private issue. Moreover, laws addressing such abuse are often ineffective, as they are not taken seriously by both enforcement agencies and the wider society. Although there has been some shift towards addressing the problems of domestic violence, stronger measures must be taken to provide a system of shelters and legal advice for women. Improvements can include greater dissemination of information and education for the wider public regarding domestic violence, in order to make preventive and reactive acts more effective. Domestic violence education and training programs should be extended and expanded for police, prosecutors, doctors, and judges. Also, legal institutions should be more adamant in enforcing the penal code and prosecuting domestic violence offenders in order to provide an exemplar for the political processes of democratization and justice.

Sources: • Aberg, Kristina, Johanna Bond, Anne DaughertyLeiter, Jean Norton, Robin Phillips, and Rachel • Taylor. Domestic Violence in Poland. Minnesota Advocates for Human Rights. 2002. 27 June 2007.

• Dominiczak, Andrzej. “Church and State in PostCommunist Poland.” 1 Nov. 2002. Polish Humanist Federation. 27 June 2007 <http://www.iheu.org/ node/1124>.

• Graff, Agnieszka. “A Different Chronology: Reflections on Feminism in Contemporary Poland.”

• Third Wave Feminism: a Critical Exploration. Comp.

Stacy Gillis and Gillian Howre. 142-155.

• Graff, Agnieszka. “The Land of Real Men and Real Women: Gender and EU Accession in Three Polish Weeklies.” 26 June 2007.

• Gruber, Ruth E. “Poles Foresake Catholic Church, Seek Western Democratic Values.” 1995. 26 June 2007 <http://www.jewishsf.com/content/2-0- /module/displaystory/story_id/2473/edition_id/41/format/ html/displaystory.html>.

• Mach, Zdzisław. „The Roman Catholic Church in Poland and the Dynamics of Social Identity in Polish • Society.” 2000. Centre for European Studies. 24 June 2007 <http://www.ces.uj.edu.pl/mach/church. htm>.

• Stoltenberg, Steven. “Religious Identities in PostCommunist Central Europe: the Polish Case.” 27 June 2007.

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Sanctioned rape

Justyna Podlewska

There may be laws in a courtroom, but there is no justice.

ready left her and their family, she stayed married just for the sake of peace. However, Mr. J., no longer comfortable in his marriage and unsatisfied with his present family, decided to start a new one with a girlfriend from work. As a law-abiding citizen, he applied to the court to obtain a divorce. Mrs. J., trusting justice with clear evidence of her husband’s guilt, agreed to the divorce, but with the fault on the husband’s side. Her arguments where solid. She reasoned that he had mistreated her all those years, and he was the one who had left to be with another woman.

This was the exact argument she used in response to the petition for divorce. She thought that having evidence was enough and the rest would be taken care of in a fair and independent court of law. Mrs. J. presented evidence in the form of witness testimonies, from which emerged a dramatic story of what she had endured all through the many years of being married to her husband. Since the very begin-

For the first time in my career as a domestic lawyer, and I have been working in the field of family and custody law for six years, I had the opportunity to witness the regional court in all its glory, state that violence and marital rape is an acceptable form of coexistence between spouses.

But let’s start from the beginning.

Mrs. J. has been married to Mr. J for the past 25 years. Like so many other women in Poland she has had to put up with verbal and physical abuse, lack of assistance in raising her children, lack of financial assistance concerning household expenses and her husband’s ongoing affairs, while being forced to perform her duties as a wife. Despite this, Mrs. J. remained married to her husband, at the beginning probably for the welfare of her children, but later, when her husband had al-

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ning Mr. J had behaved aggressively, had verbally and physically abused his wife, had denied her freedom by locking her in a room and had forced her to have sexual intercourse with him. One of her adult sons testified: “Since I can remember, there were always fights and shouting in our house, usually initiated by my father. When my father is home, my mother sleeps in the kitchen. On more than one occasion, I heard him beating my mother in bed. Towards us, his attitude was always indifferent. At one time, he started to beat my brother with the metal tube of the vacuum cleaner.”

The second son said: ”I heard screams coming from by parent’s bedroom. I tried to sleep. Usually, it was my father who was yelling”.

To fill the picture of their family life, it was stated that Mr. J. did not support his family financially. He was obsessively mean with money. The weight of financial responsibility always rested on Mrs. J. shoulders, until she appeared at the family court for alimony, which was granted.

Throughout the duration of the marriage, Mr. J. always accused his wife of being too carefree with money. A witness testified that: “When our parents asked, why he thought the defendant was being wasteful and extravagant with money, he answered, that she bought oilcloths”. Another witness stated:” On more than one occasion the plaintiff behaved aggressively. Usually it was about minor issues”, and-” Twice I saw bruises on her face”.

The documentation of the divorce proceedings is full of similar testimonies. In light of the Family and Guardianship Code, which clearly defines the spouses’ responsibilities and conditions for divorce, the verdict in this case seemed obvious.

Article 23 in the Family and Guardianship Code states that spouses have

equal rights and responsibilities in a marriage. They are required to cohabitate, offer mutual support, loyalty and cooperation for the good of the family, which they have founded by their union. Article 27 adds that both spouses are responsible for generating income and accumulating assets, to contribute to meeting the needs of their family. One can be relieved of this requirement in whole or in part, on the condition of ongoing personal efforts related to the upbringing of the children and duties in the common household. In the divorce file there is evidence, which clearly indicates, that in marriage Mr. J. failed to fulfill any of these obligations. It seemed certain that a decision would be made to dissolve marriage by divorce due to the fault of the husband.

Nothing could be further from the truth.

In this case, however, the court rendered a decision to dissolve marriage by divorce due to the fault of both parties.

Although at the time of this decision, the plaintiff had no longer been living at home for several years, had left his family and was in a relationship with another woman, the court granted him exclusive use of one of the rooms in the formal common household. The reasoning of the judgment was: “It can not be assumed that the plaintiff left the house, although he admitted that the time he spends in it is rare. However, it’s still a central area in his life”. The result of the court’s decision is that Mrs. J. uses the second room, while both adult sons share the third room. Mr. J. will certainly not move back home, but according to the ruling of the court, he can keep his room locked and effectively prevent the rest of the family from using it. The only way to change this situation would be a costly case of dividing the property,

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which Mrs. J. can not afford. Surprised by the court’s decision, Mrs. J. appealed for a justification of the verdict. Her indignation knew no bounds when she read the court’s clarification, in which the court only gave credence to testimonies of the plaintiff and his witnesses. Based on the testimony of Mr. J., in which he stated that he took his children on a holiday when they were small, the court established that the plaintiff took care of their upbringing. The fact that he didn’t support them financially was treated as prudent management of money. The decision to put a wardrobe in an empty and unfurnished room by the defendant was seen as a need for luxury. The court even got concerned about the suffering of the plaintiff, stating that he was ”insecure and withdrawn”. It claimed that the defendant harmed the plaintiff by spending holidays with her family: “The claimant felt unhappy there and when his wife’s family visited, he locked himself in his room”. The court didn’t take into account the physical violence used by the claimant toward the defendant, wholly disregarding the testimonies of the witnesses. It concluded that in order to determine which of the spouses was responsible for the breakdown of the marriage, it didn’t matter which of them bore a larger or lesser guilt.

In the eyes of the court, even a small fault of the defendant was equivalent to the humiliation and beatings she suffered from her husbands’ part.

Moreover, despite Mrs. J’s. evidence and the testimonies of her witnesses, who clearly stated that the plaintiff forced Mrs. J. to have sexual intercourse, the Court held: “In this case the court believes the testimony of the plaintiff, not the defendant .If the intimacy and coexistence of the spouses had been as good, as the defendant states, the plaintiff would not have had to use violence and other aspects of their marriage would have been

better. Failure to fulfill one spouse’s obligations toward the other spouse does not entitle the other spouse the evasion of his/her obligations”. The court justified the plaintiff’s affair by stating that the breakdown of the marriage happened at some point prior to that event therefore did not consider it as evidence of sole fault of the plaintiff. It was an exceptionally biased outcome, especially in the context of the earlier statements of the Court, that failure to fulfill spousal obligations, does not entitle either of them to avoid his or her obligations. The court shouldn’t have considered the plaintiff relieved of his obligation to remain faithful to his wife due to the lack of voluntary intercourse between them. His extramarital affair should therefore be regarded as the reason for which their marriage fell apart.

Mrs. J. did not agree with the ruling of the regional court in Wrocław and decided to appeal. The Court of Appeals dismissed it. In its short substantiation of the verdict, the Court stated that it agreed with the findings of the regional court and considered it’s arguments appropriate: “The court declared a fair conclusion, that if the physical and intimate coexistence of the spouse had been as satisfying as the defendant stated, the plaintiff would not have resorted to violence, and other areas of their marriage would also have functioned in a better way”. Mrs. J. is left with the satisfaction that the Court of Appeals, as opposed to the Court of First Instance, held the husband culpable of forcing intercourse on his wife.

Such rulings justified by the courts, both in the I and II instances, should not take place in a state under the rule of law.

There is no justification for the courts to accept physical and sexual violence in a marriage. In this case, the old saying that “there may be laws in a courtroom, but there is no justice”, is entirely appropriate.

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Money and power in the family

Danuta Duch

In a relationship where there is a traditional division of roles, women are usually economically dependent on men. Working outside the house and raising financial resources allows men to maintain the status of the head of the family. Does that mean that work and having their own money would strengthen women’s autonomy and liberate them from their husband’s authority?

ily are largely limited, they feel strongly dependent on their husbands and are more likely to submit to their will. This is how a woman inactive professionally portrayed it: “I was dependent on him. You can imagine, I had to stay at home and be quiet. I was not allowed to speak out loud.

When I placed a cup in the wrong way, I had to place it again properly. I got beaten for any little excuse. God!” It is harder for women who don’t work to leave their husbands. They are afraid of what the future will bring them, how they will manage, where they will go, how they will survive. It’s probably not a coincidence that all the interviewed women who had killed their husbands didn’t work (either for health reasons, or because of children, or because their husbands had forbidden them to work), and still didn’t leave their husbands even though they were victims of violence. Many women who experience violence in relationships do not work professionally, others

The results of a study on women who have experienced violence in intimate relationships show that money doesn’t give women power in the family.1 When a man manages the household’s money, it strengthens his position and power in the family. When women do not work and do not have their own financial resources, and their social contacts outside the fam1 This article presents some of the results of a study that was conducted by the Women’s Rights Center on a group of women who experienced violence from their husbands or partners. It was part of the project “Work and dignified life for women victims of violence” by the EQUAL Community Initiative. The full study report is in the publication of a summary of the project “Wybieram życie”.

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are forced to resign from work after childbirth – the husband wants his family to be traditional, he’s pathologically jealous and doesn’t want his wife spending time outside the house and beyond his control.

One woman said: “I have never worked because my partner claimed that a woman’s place is at home. Besides, he was a little jealous”. Another woman’s partner said that she doesn’t have to work, because he earns enough. Men don’t want their wives working even if they are unable to earn a living. One of the women, after her husband lost his job, worked six months at McDonald’s, but gave up, because her husband insisted: “I will never work, because he is terribly jealous.

I can’t even go out alone sometimes. He rebuked me for working too long. He demanded that I should work no more than 4 or 5 hours .We had the same fight every day and if he had something to drink it got even worse. It was awful, unbearable”.

Men resort to all kind of different things, just to prevent their women from working. One woman said: “My husband damaged the door lock on purpose. The job offer I received had to be responded to immediately”. She lost the job, and didn’t seek another, because she knew that, sooner or later, she would not be able to perform her professional duties.

For the same reason she didn’t start any course, even if it was free of charge, because eventually she would have to stop attending because he wouldn’t let her.

Another woman, who asked her husband to help her find a job said: “He started being grumpy, complained and claimed that I wouldn’t like it and he simply wouldn’t help me”, despite the financial problems we had”. During a group discussion, women confirmed that their husbands, who were violent with them, discouraged them from working outside the house. When a woman doesn’t work,

she is constantly criticized: “You have no skills, if anyone hires you, it will be their loss (..). You can’t do it, you can’t do anything. It’s better that you stay at home, I will support you”. If a woman decides to take a job, she hears: “With what you earn, it’s better that you stay at home”.

It’s a vicious circle.

If you can’t make yourself feel better than her, make her feel worse than you.

This is an old, simple rule that allows your lives to feel even. This strategy is obvious in the story of a woman who was professionally successful. Her achievements were accompanied by her husband’s aggressive comments the whole time: “You have money, contacts, you’re a whore, a stupid idiot, sleeping around, you’re hyper-ambitious, you earn degree after degree, you’re an obsessively suspicious mother”. The man spied on her: “He followed me, checked my phone, correspondence, it was awful”.

The same was true for another family. The husband ridiculed his wife’s professional aspirations. When the woman turned out to be successful, hhe started to compare her profession to the work of a courtesan, who is always ready for the client, regardless of the season, time, etc.

Another woman, who ran a company with her husband, complained that he constantly criticized her work: “He automatically assumed that if something wasn’t right, it must be my fault”. He didn’t listen to her opinions, and any decisions that he made were influenced by other people. Also, he didn’t always check everything to the end, which led to making wrong decisions.

The fact that professional success can be frustrating for the man is known even in the context of media interest in women who earn much more than their husbands. The question is always the samewhat do their husbands say to that? Em-

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pirical findings present statements of women that say that men badly tolerate their wives’ professional success, especially if they are highly visible and cannot be concealed. Women who have ”outgrown” their husbands professionally, realize that this situation may be uncomfortable for men. They deliberately reduce their achievements and support their husband’s professional activities, so he has the feeling of success. The standard, in which the career of her husband should be more important for his wife than her own, has become a reason for which women sacrifice their careers in order to save their marriage. One woman said: “I thought my husband would feel better if I stopped earning so much. I took a job that would be less stressful for my husband, so I wouldn’t’ be such a threat to him”. Throughout her career this relationship was tainted by violence. The violence became worse once she showed signs of “weakness”. She wanted to save her marriage and curtailed the development of her company. The woman had her husband’s best interests at heart and wanted him to have a satisfying career, so she set up a small family business – a trading and service company. After a period of several years of running a successful business, she resigned and left the company to her husband. What’s important here is her motive: she wanted her husband to feel professionally successful. “It became a one-man enterprise, registered in my husband’s name. Because I was always the more inspired person, and the one who had higher income, now in my mind he could finally exist independently”.

The story told by this woman shows the rising frustration and aggression of her husband with the development of her professional career. At the time when he took over, the company had a large turnover. The man started to feel overconfident

about what he was doing, “Had stopped listening to my opinion, my experience”, and his risky decisions soon led to a loss of liquidity. It was a serious blow to his ambition. The woman began to look for some means to support the family. It started with the negation of everything she did, and it was a prelude to physical violence. When the husband could no longer deny that she was doing well at work as a insurance agent, had a high income, was well liked and good at her job, that’s when the drama began – insults, putting down her achievements, fights, physical violence. The violence against reached a peak after her promotion to a new job.

Men try to control the financial resources of the family and make decisions about these issues. Every penny of her income had to be shown to her husband, “Who checked, counted and even was capable of calling my boss to ask how much I earned. Even when I worked at McDonalds, I had to show him the exact amount I earned. It was awful”. Extreme forms of control at work were also experienced by a woman who worked as a financial advisor: “I was observed all the time, either by him or his friends. Someone was always coming to pick up money from me, every day, even once I was forced to steal from the company and was left with one day to find the money so I could pay them back. I lived in constant pressure, intimidation. Many times I tried to run but could not. At home, he tortured me terribly for everything”. That, however, was not the end. She was forced to sign a number of loans, all of which were spent by her partner. When she finally left him, she was left with many financial obligations. Similarly, another woman was left with loans to repay because of her husband: “He took loans that I’m paying off until this day. It was simply just my stupidity. I don’t know”.

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When spouses work together in the company of the husband, he deals with the finances. Finances are also the responsibility of the man when they work together, even if the company is the woman’s: “My husband, for example, has always dealt with the paperwork, the taxes, and payments. It’s something I was never interested in. I had my part, and the other things were alien to me”. This way of running a company, where the husband is the one who deals with the public and other institutions, reflects the division of family roles. When it comes to managing a bigger amount of joint money, the man takes care of it, regardless of who contributed to the acquisition of the money. The husband cut off his wife from the joint finances: “Whenever I wanted to use our banking account he said that we do not have any money in it, and in general I should have an account that I should be taking money from, and he should have his”. In the course of the divorce case, it turned out that her husband had closed their accounts and opened new ones, which she knew nothing about. Most of the money was transferred to the new accounts when she asked for a divorce.

Men care about their material safety throughout the relationship. When it comes to a divorce, it often appears that they are the formal owners of the many things that have been acquired during the marriage. For example, one marriage lasted for 20 years, but when it came to conflict and violence: “My husband began to say that actually I did not have anything, that everything that we both worked for is his”. The woman said that she never really made sure that the many things that they bought were in both their names. He was the person who took care of everything and he made sure he put it his name.

Women spend the money they earn on everyday needs, but the man has his own

resources which he spends as he wants.

A woman said: “He completely stopped helping with household expenses. We had loans to pay off, everything was on my shoulders”. She felt that the things they had acquired during their life didn’t really belong to both of them, since she was the one who had worked for them, he contributed in no way: “He argued with me, demanded money and did exactly as he wanted”.

What is work for women who experience violence?

For many women professional activity is a very important part of life. It is in work that – more or less consciously – they seek fulfilment. Many women can not imagine their lives without work. One of them said, “Starting my own business gave me freedom, the sense of fulfilment and some money”. She gave up running a company because her husband wished her to do so, but she started to work as a volunteer. She said, “I can’t live without a job. It is not about earning money. Another woman, who ran her husband’s catering company, said, “I like this work and fulfil myself in this way. I hope I will continue working for this company.

Women often regard work as an asylum and refuge from domestic violence.

One woman who runs her own company said: “I am a workaholic, I calm down while working and it is at work where I find salvation. This is my escape. “I simply must be doing something constantly.”

Work brought relief to the problems of another woman who works as hair stylist: “It was a pleasure going to work, was coming to work with pleasure, although I had loads of work to do. . It was nice to have a word with a client about this or that.”

Women who occupy less responsible positions also like their jobs. For ex-

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ample, one seamstress said, “I like working in my sewing room.” Another woman reported that, even when she was beaten up, she didn’t take sick leave, because she preferred to go to work to get away from home. When she returned to work after maternity parental leave, she felt blessed.

She said, “On the one hand, it was a relief that I wouldn’t have to spend so much time with them (my husband and in-laws), on the other hand, however, our child still needed much help.

Work is often a factor that protects women against the loss of control over their own lives and the basis on which they build their strength and self-esteem.

29-year-old seamstress, who was brought up in athe pathological family told us, “My parents and later also my husband abused alcohol. As far as I remember, there were quarrels and beatings. One day, I met this gentleman, quite by accident, who gave me this job with stockings. I was really good at it, so I started to believe that I am not worthless. If it wasn’t for this job, I would still be coy and insecure.

Violence suffered by women has often a negative impact on their work. Stress, irritability, fatigue, poor concentration, the lack of confidence and resulting lower efficiency and numerous sick leaves may lead to dismissal from work. Sometimes, women’s worsening health may lead to the loss of her ability to work and resulting retirement.

While this may sound somewhat paradoxical, in some cases, difficult family situation may prove beneficial to women’s professional career. This hypothesis was confirmed by the members of a women’s discussion group who have come to the conclusion that a woman can make a carerier, either when she has a very good and supportive husband, or when she escapes from an abusive man. So, it is the workplace where she finds refuge, and a strong

involvement in work is a kind of “defence strategy”. Psychological violence faced by women in the home (continuous “criticism” as it was gently put by one of the respondents) may motivate them to cope in the labour market. Women, as if in defiance of what their partners say, want to prove to themselves that they are worthy of respect. Their professional success serves as a counterweight to family failures. This pushes them into further training and encourages to face new professional challenges.

One of our respondents is exactly in this situation. She has made a brilliant career despite very serious family problems. She said, “I am a first class specialist doctor, I have completed all possible levels of professional education and I earn quite well. I have adult children and I am getting divorced.” Although she still lives with her husband, who keeps harassing her, and the divorce proceedings have been protracted for a year and a half, her career flourishes. She set up her own company. “Professionally, I am doing much better now. I am more independent, I have a car, I’m flexible and I earn better.”

Violence in the relationship seems to increase with the development of women’s careers, which eventually leads to break-up. However, when the level of violence and stress is too high, the career collapses. One of the women decided to reduce her working time in order to save her marriage. Another woman resigned from the managerial, well paid position and took up a new, badly paid job that gives her more time to protect children from her former husband, with whom she still shares an apartment. Yet another woman resigned from managerial position due to depression: “I gave up because I felt that my work may be affected by my doldrums”. Sometimes, wom-

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en experiencing domestic violence, maintain high-level positions, but they pay high price for this: “I had a very responsible job which I have retained, so I had to be able to make difficult decisions, to be clear minded and flexible. Unfortunately, because of my husband’s aggressive behaviour, I often came tired, sleepy and upset. I could not concentrate on my work, as I was too concerned about what was happening at home. It did not help at all. When violence is extreme and results in women’s health problems (depression, racked nerves or psychosomatic disorders) just holding down a job should be considered a success.

Does a good job help women solve domestic problems?

Again, paradoxically, a number of stories show that good work and independent means of support leadconduce women to preserve violent relationships. For example, a 52-years-old woman aint a managerial position, the victim of physical and psychological violence at the hands of the alcoholic husband, who obtained 10 forensic certificates, remained with him for over 20 years to save him. She excused his abusive behaviour on account of with his difficult childhood. His abuse of alcohol was just a disease for her and he was a man who deserved support and assistance. . Another woman, 50 years old, in aat managerial position and the victim of physical or violence with two adult children, remained in a violent relationship for more than 20 years. Yet another woman, a bit younger (38 years old) owner of athe company, has remaineds in abusive relationship for 20 years.

Women who live in violent relationships compensate for recompense their unhappy family lives with professional success. Good income allows them to

meet the needs of the family, even if their husbands do not deliver to the household budget. Most of them once loved their husbands and wanted to save their marriages husband at any cost. On the other hand, in many cases it is good work and financial independence that helps women to leave a violent husband. If the a husband becomes more and more demanding and more violent, there might come a a time when at one time a woman says “enough”. One woman said, “One day, I said, that’s enough! I am a human being and I deserve respect. At some point, thanks to the successful career, I realised that there was simply too much disparity between those who respected and appreciated me and the man who kept humiliating me more and more painfully. Eventually, I opened my eyes and saw the true face of the man I once deeply loved.

Patterns of femininity and education Cultural ideals of men and women shape the relations between the genders and the ways they function in relationships. Deeply rooted beliefves that what woman values most are the roles of wife and mother, that it is a wife’s duty to sacrifice for the family, that the husband is mainly responsible for family income and that children should have a father and a mother, make even independent, professional women easy victims of violence at the hands of their husbands.

The Ssocially imprinted model of womanhood with its role of a woman as the family guardian who takes care of everything, makes women forget about themselves: “Unfortunately, we are raised and educated in a culture which values the family and endows the husband with authority in the family. So, my husband entrusted me with the role of an unpaid kitchen maid.

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For many years, I really tried to clean and wash up perfectly. I was convinced that if I didn’t see to things, everything would collapse. I was raised this way. It was only natural to me that I should give up my own ambitions and aspirations. The needs of others – of my husband, my parents and my children have always been more important to me”.

These are the words of a woman with university education and a business owner. She has always understood the frustrations of her husband, when his business was not doing well. She supported him and even limited the activity of her own company: “I thought to myself that perhaps he would feel better, if I didn’t earn so much.

I was so focused on his needs that I even stopped caring about my appearance or if I was dressed properly”. Another woman who worked with her husband in his business did everything she could to protect his good name. She was hiding the traces of violence on her face so that people in his community would respect and support him.

Putting the interests of their husbands and their family in the first place often leads to the situation in which women for many years play the roles of “kitchen maids” of their oppressors.

Sensitivity to the needs of others and personal dedication are the qualities that make it difficult for women to set their personal boundaries and help men to take a dominant position in the family, which the first step to violence. This is particularly true of psychological violence, of which many women are not aware for years. After thirty years of marriage one woman said: “I was apparently happy.

Flourishing career, good children, polite well mannered and educated”. When their marriage started to fall apart and she went to a psychologist to save it, she got a shock: “After just one hour of our con-

versation, she poured athe bucket of cold water on his head. She said that I should have started psychotherapy at least 20 years ago, because my husband had always hurt me, hurt my feelings. I was the one who was more involved in this relationship. He knew that I was totally committed to him, so he started to strengthen his position and extend the boundaries of his freedom. And, after a short while, I was totally enslaved and subordinated to him. She, the psychologist, said that I was a typical product of years of abuse at the hands of an oppressive husband.” Later, when she joined a support group for women who haves experienced violence, she met more victims of psychological violence, mostly well educated, wise, cultural, intelligent women who, after years of living in hell, have finally understood that they are free persons endowed with all human rights.

The process of losing freedom and rights in marriage was described by one woman whose husband is an alcoholic: “He struck me once or twice, but I justified his aggressive behaviour by attributing it to his drinking problem. I sought help in the addiction treatment centre. He realized that my tolerance was rooted in my weakness and at this moment he started to abuse me. After some time, when I tried to fight for my rights, it turned out that I had no more any rights. I had no say in anything at all. He responded with violence to just about anything I said or did”.

She had endured abuse for over 10 years before she decided to leave her partner.

Men’s power and women’s sense of dependence Women’s dependence on men is not only economic but mainly psychological.

Many of our the women we interviewedspeakers admit to having strong feelings

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for their husbands and partners, but they also recognize that these feelings distorted the truth about reality. One woman said: “I was once in it very much, so much in love that I didn’t even realize that he made all of my decisions for me, I think he even thought for me.” This caused her to be under constant light pressure, which gradually increased. At the beginning, she was criticized by him, but with time he started to treat her like dirt. She remained in a relationship where she was psychologically abused for 20 years: “I personally can say about myself that I was mentally enslaved by my husband ... I loved him very much. Later, in some way I became psychologically dependent on him”.

“We did everything together”, said a woman, who ran a company with her husband for many years, leading to her psychological dependence on her husband.

“I was never independent, (...) somehow he always was the one handing out jobs to do and responsibilities, and he usually went everywhere with me. However, he criticized me and denied me any praise or feedback, so at the end, I didn’t know what was good or bad, right or wrong . Now, for the past month, I’m finally thinking clearly and gaining self-confidence about what I want, what I want to do, where I want to be”. The woman experienced several years of mental and physical violence in her relationship before she decided to leave theher perpetrator. She said she didn’t do it for herself, but for her child who was a witness and a victim of domestic violence.

Another woman said:” “he acted like a sect”. The woman did not work and for those eleven years (...) “I didn’t feel the psychological violence. He slowly and gently made me believe in what he believed, acted as a sect, talked and explained a lot to me.

I didn’t have contact with the outside world, so his beliefs became my beliefs. Not knowing what I was stepping into, I followed him,

and acted as he wanted. When I stopped going blindly through life and showed some independent thought, he started to behave aggressively. It was unexpected”.

The dependence of woman on men is strengthened by the culturally formed stereotypes, that women are weak, dependent and need male care. As a woman I have to rely on someone and as a woman I have a right to expect assistance and care from men. Those beliefs are shared by around 90 percent of wives, and they are “universal”, that means, remain substantially unrelated to their education, the number of children, the roles, in which they saw themselves entering adult life, the preferred model of marriage. The cultural nature of these beliefs is proven by a high percentage of unmarried girls, who share these beliefs. You could say that only life, their own experiences in relationships, challenge their attitudes towards men. Divorced women are much more independent and less likely to expect support, care, and assistance from men’s part. A sense of dependence on men is also experienced by women whose professional and material situation is good: “And I, who turned out to have a pretty good situation professionally and financially, I was scared about my future (...) that I would die in misery and despair. That is the way our encoded social beliefs function, that we won’t manage. We should be taught since childhood, that we will manage, because every human being has power in his hands”.

Physical violence as a way of way of exercising power Physical violence sometimes appears at the beginning of the relationship, as was the case with a woman who had a very well-paid job and her partner used this situation for his own personal

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and financial benefit. The woman was terrorized. Even during work she was constantly observed by her partner, or his colleagues:” I lived under constant pressure, intimidation, many times I tried to run away.

At home, I was also terribly tortured. Sometimes he would cut my hair with a knife or throw knivfes at me, different things”. The woman was isolated from family, friends, which ensured the perpetrator more control over her:” I had nobody that I could call, no girlfriends to come and visit me.

Several years of the relationship cost her many thousand: because of him I still have many financial obligations”.

When a woman starts to behave in a way that a man doesn’t accept, violence becomes an instrument in order to subordinate the woman and maintain power.

One woman experienced this, whose family for 20 years was „“ordinary” – she and her husband and her both worked, after work she was a housewife and a mother, raising their son. And perhaps it would be so to this day, had she, three years ago, accepted the fact that her husband has a mistress and the mistress is a form of entertainment for him, while his wife at home is a maid, who should take care of her husband and child, make sure they have everything, do everything around them. When the woman protested her husband resorted to torment and beatings. He applied his rule: ”” I’m the boss here, you will do as I say, you will not defy me, or else….”

When a woman, not a man, serves as the sole wage earner, it has to raise the frustration of a man, and violence in such situations is a way of relieving tension as much as maintaining power in the family. That’s how it was in a woman’s life, whose husband didn’t work, and she: “I took two jobs, to support us. Later, when he began abusing alcohol, I couldn’t take it anymore. I found him a job as a landlord.

At the beginning, I hid it from the neighbors and the building administrator and cleaned for him, because I was ashamed, simply ashamed. She was tortured by her husband. She landed in the hospital three times because of beatings. Later, when she opened her own little shop (after the separation), her husband came and demolished it in the presence of local customers:” “he must have felt jealous, because he couldn’t achieve anything in life”.

Cultural attributes of power The attribute of power is using force, and the advantage of men is their physical strength, which is why they resort to psychical abuse. Men beat, because they have power and they want to show it. The manifestation of power over a woman, beating her, takes place not only at home but in public areas. One woman said that once she had stayed overnight at work because she had been afraid of her husband’s aggression: ”””When he came for me in the morning, he rushed me home, yelling obscenities the whole way. He beat me and kicked me in the street all the way to the house. There was no possibility of escape”.

It is worth noting that many women reported that they experienced physical violence during pregnancy or shortly after childbirth: “A few days after birth I was beaten by him for the first time and it was a shock to me because I did not expect such a thing, I had never seen that side of him. And since then I was beaten regularly, even as I was eighth months pregnant he kicked me in the stomach, it’s a miracle that my child was born healthy”.

Summary Feminist authors saw The authors of feminist literature came to the assump-

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tion that money and the status of being the wage earner give men power in the family. SomeThey assumed that women’s professional work and having independent financial resources would enable them to achieve equal marital rights in their relationships. These hopes proved to be futile, as proven by the stories of women who work, sometimes earning more than their partners or husbands, and sometimes being the sole wage earners while suffering mental and physical violence from their husbands or partners. Why is this happening? Empirical data indicate that during the formation of a relationship, patterns and cultural norms play a greater role than economic factors. Despite the popularization of egalitarian models of conjugal relations in our culture, traditional notions about what is important for women and men, and what are the duties of wives and husbands in the family are still strongly present . The stereotype of a man, who „“”by nature” is the head of the family and ensures its survival, appears to be crucial for the belief that he is the most important person in the family. Some men will manifest their power with the use of violence, regardless of how well they comply with the role of provider for their family. Many of them, who do not earn money, squander money drinking and fighting often just because it is the only way to show women that they are important. Physical violence in some circles seems to be the norm, and every eighth Pole believes that arguments and fistfights are a normal thing that happens in every family. Money does not give power to women. When women earn more than men, achieve professional success , it raises the frustrations of partners who release their tension, devalue preciate their partners successes, take control of family finances, income, women, and finally use violence to show

that they rule in the family. The Ccultural context of thise phenomenon largely explains why professional activity does not protect women from experiencing violence, or why, despite the violence, they remain in relationships for years. But the fact is that professional work is a prerequisite that allows women to break free of the violence. It reduces the scale of their husband’s control, mitigates the economic violence and psychological violence (I am not a parasite), it helps gain awareness that a woman can support herself, that she has a choice (a gulp of air, which is needed for women to escape their situation).

This situation will not change so long as domestic violence will continues to be treated as a marginal phenomenon, so long as it remains ignored and traditional images of women and men based on the norms and patterns of family life continue being instilled in the educational process.

Women do not have knowledge about the development of an equal relationship with their partner. In schools we do not teach the truth. Mothers raise daughters to be good girls, and this is reflected in later life. When there is violence in the family: women feel grief stricken and wronged, and instead of the situation mobilizing them to say stop, on the contrary – they stay are stuck in this sorrow and bitterness, and blame themselves for it. And this is probably the worst part of all. Social education should include knowledge on violence – one of the women notes that only information and the transfer of knowledge about appropriate and inappropriate human behavior from an early age could change something in domestic violence:” At school there should be classes that teach that such behavior is pathological in the family. Not only drinking vodka, but also those other behaviors are unacceptable”.

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H ERSTORY

The story of Anna

I was born in 1960 in Ruda Śląska in the working-class family. I met my future husband when I was 21. Soon after, we got married. At that time, I was six months pregnant with my first daughter, Aneta. The nightmare began soon after. My husband worked for five years as an electrician. He did not give me any money, so sometimes we had nothing to eat .

My husband often came home drunk and forced me to give him the money that I received from my mother. He needed it to buy vodka. He paid no heed to the fact that I had no more money to buy food for the children. When he was drunk, he beat me, he called me vulgar names and raped me.

On many occasions, I fled to my mother’s home or slept in a staircase. The rows were frequent. For no reason, he threw himself at me with fists, he kicked me, burn me with cigarettes and threw glass at me. I had broken fingers, broken teeth, broken upper jaw and collarbone. One day, he threw himself at me with a knife. He put it to my throat. Fortunately, my mother called the police in time. He often threatened to kill me. I quote: “You beach, I’m gonna kill you!”

When sober, he apologized. He knelt and begged for forgiveness. Peace did not last long, however – usually a week or two. He had no pity for our daughters either. He beat them, threw them out of the house and called them the worst names.

Because of drinking, he lost his job. He worked from time to time as a construction worker, but he spent all his money on alcohol. He bought food only if any money was left. I received family allowance, food tickets and some coal.

My husband cheated on me frequently. I learned about it for the first time from his colleagues and our neighbors, six years after marriage. He himself admitted that infidelities happened quite often.

On the day of tragedy, we drank alcohol at home. He began to call me names and wished me to die. He beat me with his fists and struck on my head with a bottle. There was a lot of blood. I was shocked and frightened. I grabbed a knife lying nearby and stabbed him. He survived. I was sentenced to eight years imprisonment.

At this moment, I am reconciled with him. He visits me in prison along with our daughters. He keeps promising he will be better.

Only sometimes I learn that when drunk, he makes rows and throws our daughters out of the house. They do not call the police because they are afraid of him.

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The quagmire effect

Agnieszka Graff

On the special role of the Catholic Church in Poland1 There is one thing the Catholic Church has failed to learn while functioning in a democracy: that it is only one among many ideological options.

Kinga Dunin

Poland is a Catholic country. Is that a truism or a statement of fact? If we really are dealing with fact—and I address certain doubts below—a variety of other, far more tangible facts then result from it, among them: an extremely restrictive antiabortion law; the presence of Catholic religious instruction and the absence of sexual education in Polish public schools; the influence of the episcopate on laws regulating in vitro fertilization; the privileged status of the Committee on Church Property; the participation of Church officials in apparently secular ceremonies; finally, the inevitable voice of a priest as moral authority in public debates, particularly those related to sexual ethics and reproductive rights. As philosopher and feminist Magdalena Środa writes, „[in] Poland, Catholicism is both more and less than a religion. More, because it is not merely a faith but a way of being and perceiving the world, a criterion for classifying others, an object of fashion, fascina-

tion, snobbery, an explicit vehicle of power and an implicit vehicle of censorship (at least self-censorship). (…) It is also less than religious faith because it is often reduced to empty rituals.” Indeed, we are so very Catholic in Poland that even most of Polish atheists turn out to be Catholic; non-believing to be sure, but practicing nonetheless. Studies show that the vast majority of Polish atheists get married in a church (71%) and baptize their children (74%). It’s a matter of atmosphere, or – as my Catholic friend explains – it is our karma. Speaking of karma, according to another interesting poll (from 2006, but probably still valid), 28% of Polish Catholics believe in… reincarnation.

Poland is a Catholic country, we hear whenever someone brings up the constitutional autonomy of Church and state.

1 This essay was written within the Project of the Heinrich Böll Foundation Regional Office in Warsaw “Religion, Politics and Gender”. Published with permission.

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It turns out that in Poland the separation of Church and state is supposed to be a friendly separation. Sounds reasonable, but what exactly does it mean? Will Catholics remove crosses from the voting station in my neighborhood to recognize the separation and respect the autonomy, or should I pretend in a friendly manner that the crosses are not there? The term compromise has made a surprising career in this context, consistently used to silence dissenters: „What do you mean? You don’t want a compromise? You’d rather start an ideological war? For years this move has served to check public debate on the consequences of the antiabortion bill. Any effort to re-open this debate was seen a priori as a sign of confrontational tendencies.

Since 1989, the legal solutions concerning reproductive rights have been a series of „compromises” that Catholics reach with other Catholics, convinced that in this way they buttress Polishness, or normality. Compromise has invariably meant an act of violence and exclusion in the name of the Catholic majority.

Let us recall a few key events from the history of reproductive rights in contemporary Poland. •1990: at the Solidarity Congress, the Women’s Committee speaks for abortion rights. Effect: Solidarity authorities dissolve the Women’s Committee. •1992: a spontaneous movement for a referendum on abortion, the so-called Bujak committees (perhaps the most widespread grassroots social movement since 1989), collects well over a million signatures. Effect: the petition is ignored by the Parliament. The sentence Poland is a Catholic country is not a statement of fact but a sort of a spell, a selffulfilling prophesy sanctioning existing power relations. The conviction that Poland is a Catholic country is like a quagmire or swamp, sucking us all in, Catholic or not. The more we sink in it… the more

we sink. We have become so accustomed to the quagmire that we don’t even ask any more why the ground is so spongy, why so slippery, why the air is so heavy. It is, after all, only our familiar swamp, exuding its slightly nauseating vapors; the very air that we breathe. Someone who says that Poland is a Catholic country does not describe any extra-linguistic reality and does not invite a discussion. The function of this sentence is similar to This is a free country when spoken in the U.S. It is not a judgment or an opinion. Rather, it is a strange mix of tautology, tease, boast or challenge, and call to battle. The sentence is an excellent example of a perlocutionary act as defined by Austin, an utterance that not only describes but also changes reality. In the case of this sentence the changes are gradual and the power of the spell grows with use. The more we repeat it, the more Poland becomes a “Catholic country.” And we repeat it often: a google search produces 180 thousand examples. Speech acts create reality, calling to life communicative contexts that make them legible. We live in a Catholic country is a master act in this respect. I - the Catholic declare that I feel at home here. I also suggest that you the Catholic are also Polish. I call on the interlocutor’s loyalty, I build a sense of community and put others in their place.

Clearly, they don’t belong here. Polish Catholicism is like the horseness of a horse; like the tomatoness of tomato soup. How does one make broth? From meat and vegetables. What is Catholicism? The faith of the Polish people. What is Poland?

Why, it is a Catholic country. But what are we really talking about? Does „country” mean Polish society, the state or the nation? As numerous studies show, Polish society does not share many of the opinions of the Catholic Church, and generally does not perceive the Church as an au-

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thority on moral issues. According to the Constitution, the Polish state is secular.

Then what is “the Nation”? Yes, the Nation seems to be the key here, but the Nation is not something I dare discuss. Not just yet. We may ask further: does „Catholicism” refer to faith? Or tradition and custom? Political influence of a certain institution? All of this reeks of lack of precision. But it is the swampy ambiguity that is the force behind our sentence. Bubble, bubble, Poland is a Catholic country, whispers the swamp. Bubble, bubble, if you don’t like it, get out. Bubble, bubble, you don’t get it? Then you’re not one of us.

I suppose you wish to know to whom the swamp bubbles. Well, it bubbles to everyone, of course, but to women somewhat more than to men, it seems. Why? Because the Church is particularly interested in matters pertaining to human sexuality and fertility, and these, in both physiological and cultural terms, constitute a sphere in which women bear more responsibility and are more vulnerable to pain and loss.

That is why I think that the atheist Church weddings and baptisms are – how shall I put it? – the product of how women deal with the Church. It is similar with the mass participation of children of atheists in religion classes in schools (theoretically optional, but in practice hard to avoid). Here is how I think it works. To be excluded is to be different, to be stigmatized is a source of suffering, for children more than for adults. The very possibility of a child’s suffering is automatically the source of worry for the mom. Mothers tend to worry more than fathers. Mothers feel more guilt, if for no other reason then because they are held accountable more than fathers are. It is no accident that Internet debates about whether atheists should baptize their children are frequented by women more than by men. These are not philosophical dilemmas, but practical and emotional troubles,

resulting from deeply felt concern that one’s child might get hurt, from the worry that one won’t be a good enough mother. Do questions of ideology and freedom of conviction matter in comparison? Clearly not. Here is a sample of such reasoning: “I would like my son to have a future choice of what he wants to believe in, and not to serve as a boost to Church statistics from the first days of his life. The family will disapprove, but that is what I want.

But… these are my wishes. And the child?

Won’t he feel left out as the only kid who does not go to holy communion? (…) At school, won’t he feel as if he is worse than other kids? But is this reason enough to baptize the child and invite the priest to visit our home, for the child’s sake?”

I don’t believe women are naturally conservative. I would rather see this as involuntary conformity to which they are compelled by cultural pressure. Various things must be done against one’s own desires, „for the good of the child.”

Another dimension of this pressure is the Church’s power to shame, to create what used to be called a woman’s “disgrace.” Church teaching theoretically applies to the entire sphere of moral values, but somehow we hear the bishops making judgments about apparent “wrongdoings” in intimate and family life and not about injustice and harm done in the economic sphere, not to mention cruelty to animals.

The Church is interested in sex and reproduction more than in other aspects of human life. From the feminist perspective this means simply that it is interested in controlling women. Church power and authority in this sphere – in which, let it be added, clergymen can by definition have no experience –are enormous. The power of the Church is akin to the power of the patriarch in a traditional family. Other family members may quietly disagree, but no one dares to contradict him openly.

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The father passes judgment, condemns, criticizes and delivers endless speeches in a tone of omniscience and thinly veiled resentment. The others, even if they ultimately refuse to be bullied, judged or bored to tears, are nonetheless forced to listen to daddy’s diatribes Priests perform a similar function in the Polish media. During the recent public debate on legislation concerning infertility treatment, the bishops played the role of experts. In the summer of 2009, priests, and only priests, debated the ethical dimension of the conflict between the surrogate mother who decided to keep the child and the couple who had hired her. The plight of Agata, a 14-year-old girl who struggled for an abortion in 2008, or the story of Alicja Tysiąc, who successfully sued Poland in Strasburg after she was denied a legal abortion in 2001– the ethics of such stories are discussed by the clergy in the supposedly secular public sphere.

The privileged position of the Church as a dispenser of values is rarely discussed in mainstream public debate. Nonetheless, in recent years, particularly after the death of Pope John Paul II, a certain gap has appeared, a crack through which one may voice open criticism of the Church without being associated with the infamous Jerzy Urban. This gap lends itself to a naïve and melancholy narrative about boundless gratitude, disappointed hopes and profound mourning. The gratitude concerns the Church’s position as an ally of the democratic opposition, a refuge to dissidents and mainstay of Polishness in the dark times of communism. The disappointed hopes are mentioned in relation to the Church’s recent turn to the right. Here the name of Tadeusz Rydzyk, the founder and director of Radio Maryja, is mentioned with ritual disgust? Finally, the declaration of mourning after the death of John Paul II allows those

who criticize the Church, even if they are non-believers, to situate themselves safely on the side of the Church, after all. Let us hear a model version of this narrative.

Here is Adam Michnik: „My hopes that the Polish Church would become the Church of the Gospel more than an institution were not fulfilled.

Today I feel anticlerical temptation more than I feel like making the effort to understand. I try to restrain that temptation for reasons of political opportunism and general cowardice, but it lingers within me.

When I read the majority of the writings identify themselves as Catholic, I experience estrangement and anxiety. I never had these feelings when, for years, I read «Tygodnik Powszechny,» «Więź,» «Znak» and John Paul II’s encyclicals. Something has changed. Adam Szostkiewicz wrote an article for «Polityka» in which he invented the term «de-Wojtylization of Polish Catholicism. There is something to it, I believe. (…) I consider the present state of Polish Catholicism a regression from the tone proposed by John Paul II, Tischner, Turowicz and Mazowiecki. (…) We feel the loss of John Paul II.” Obviously, I agree with Michnik that the Church has moved to the right. Yet I am not satisfied with his tale of the Church that came to love democracy and pluralism in the times of communism and later supported the new democracy, only to degenerate into neo-nationalism with the death of the Pope. An entire decade is missing from this story and that decade is of crucial significance from the perspective of the history of women’s rights. What is missing are the efforts of the Church to limit women’s rights, women’s efforts to oppose those limitations, and the submissiveness of all subsequent governments to the pressure of the bishops.

Let us recall the facts once again.

1990: the Solidarity Congress dissolves

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the Women’s Committee for its refusal to accept the Church-defined position on women’s rights with humility. 1992: a referendum on abortion rights fails to take place despite massive public demand. We may also retrace our steps back to the beginning of the eighties. It is then that the first anti-abortion campaign of the Church took place: exhibitions of photographs of mutilated fetuses set up in churches, widespread circulation of the film Silent Scream, organization of pro-life marches. All that began in the times of the first Solidarity movement. And one more date, 2002: The Hundred Women’s Letter to the European Parliament. It contained a sobering assessment of the relation between women, Church and state in the context of the approaching referendum on Poland’s accession to the European Union. Let me quote one key passage: „Behind the scenes of Polish integration with the European Union, a barter of women’s rights is taking place, disguised with the characteristic biased use of language (…).

“Gazeta Wyborcza” has recently published a new edition of Michnik’s 1976 Kościół Lewica Dialog [The Church, the Left, Dialogue]. From today’s perspective, the book constitutes a fascinating record of Michnik’s – and more broadly the secular, left-wing opposition community’s – fascination with the Church. Time and again Michnik cuts himself off from the legacy of the pre-war critic of the Church, Tadeusz Boy-Żeleński and promotes „a dialogue with Christianity” as an „anti-totalitarian encounter”. He empathizes with the spiritual transformations of his lay friends, who were searching for “inner harmony” in “transcendence”. He dreams of an alliance between „the lay and the Catholic left.”

This is not my story. I grew up in the eighties as a child of two atheists, sympathizers of the opposition, who signed me up for religion classes because that

seemed easier, because it shielded me against anti-Semitism, and because it emphasized their oppositional stance in relation to the political system of the time.

What the Church had to offer to a teenager in this period was not so much inner peace and transcendence as nationalist rapture in a pro-life setting. When I returned home excited after a screening of The Silent Scream, armed with slogans about the sanctity of “conceived life,” my mother handed me a battered copy of Boy-Żeleński’s book on the horrors of illegal abortion in interwar Poland. After the initial shock, it downed on me that Piekło kobiet [Women’s Hell] was not only a highly reasonable text, but one that may soon be timely. I cannot find myself in Michnik’s story about de-Wojtylization – the loss of the spirit of John Paul II – and about gratitude, betrayed hopes and mourning for the late Pope. I did not cry when the Pope died. And if I also did not wear the “I didn’t cry when the Pope died” tee-shirt, it’s only because I am cautious by nature. After all, in the area crucial to me as a woman and feminist—reproductive rights and sexual ethics—the Church remains faithful to John Paul II: adamant and adamantly hostile to women. Such was its position in the times of Boy-Żeleński, in the times of communism, in the times of the first Solidarity movement, in mid-nineties… and so it remains today. The problem is that women’s rights have never been an important topic in Michnik’s thinking. They don’t even play the role of a minor motif in his narrative about Poland, the lay left, and his own struggles with History and the Absolute. Cornered, Michnik will at best crack a joke (as he does in the interview quoted above) that during a debate in “Gazeta Wyborcza” „feminists took his pants off via the head „ accusing him of being an agent of the Church. But clearly, he doesn’t take our reprimands seriously. We do not count.

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We don’t even appear in the footnotes. The transaction that we consider a breech of the rules of democracy, a sign of meanness and a cruelty – frankly, that transaction was from his point of view quite a good deal. Representatives of the former democratic opposition handed over to the Church a woman’s right to choose in return for the bishops’ support for Poland’s accession to the European Union. As feminist writer Kazimiera Szczuka ironically observes in the film Podziemne państwo kobiet [Women’s Underground State], women’s rights in return for a YES in the referendum was not, to the former dissidents, a high price to pay.

The Church, considered a priori the mainstay of Polishness, the keeper of tradition, demanded that women’s rights be taken away from them. So they were taken away. Why? To quote a well-known song: “So that Poland could be Poland”.

The deal is done. We are now a member state of the European Union. And the sign of our sovereignty as a “Catholic country” (carefully negotiated and recorded in a special clause of the accession treaty) is the compliance of our authorities with the will of the Church. The Church has no intention of giving back the once executed toll; it has entrenched itself in its privileged position. Its power is not waning, but growing. Reproductive rights continue to atrophy: today we don’t even discuss the possibility of making abortion legal again; we desperately speculate on how to oppose the proposal of a ban on in vitro fertilization. It is time to define the swamp, to name its contents. The quagmire whose fumes we breathe is a blend of politicized Catholicism and national identity, an identity assumed to be homogenous and unchangeable. It is an ideological attitude uncritically adopted from the eighties, the time of struggle with the totalitarian system. It is ideological in the

sense that it proposes a coherent image of social reality which it simultaneously legitimizes, in the sense that is a set of opinions held collectively rather than individually. Most of all, it is ideological because it cannot be verified, and yet it regulates collective behavior. The precepts of this ideology are rarely formulated explicitly; instead, what is offered is an insipid, swampy, empty rhetoric, a peculiar sort of newspeak. It overflows with words and phrases such as friendship, compromise, centuries-long tradition and great achievements of the Church in the struggle with totalitarianism.

In his important book, Krytyka solidar­ noś­ciowego rozumu [A critique of Solidarity’s reason], Sergiusz Kowalski has described the shaping of the categories and assumptions which determined the thinking of the first Solidarity and which were later never questioned. The category of “the majority” was central for this way of thinking and experiencing the world, majority perceived as a type of monolithic force resisting the totalitarian power.

The word “democracy” was repeated like a mantra in this period, which was formative for the future, free Poland. However, the model of the world which accompanied the struggle for democracy was far from pluralistic. References were frequently made to an ideal majority, to the Nation, which opposes communism. The world was divided into US and THEM. All that was “truly Polish,” “authentic”, “ours” was defined in opposition to the socialist state perceived as artificial and unnatural.

THEY were the soulless, dishonest system.

WE had the truth, WE represented the Nation. Ties with the past were crucial to this perception of the world and Catholicism provided the medium linking Solidarity’s present with the pre-socialist olden days.

Thus the unquestioned authority of the Catholic Church was solidified. In the con-

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text of the early eighties the claim that Poland is a Catholic country was a challenge thrown at the oppressive system. In a liberal democracy, however, the same words have an entirely different meaning: they are a denial of democratic pluralism made from a neo-nationalist position. In this new context it would be fitting to state clearly what one means by “country”, but no one – with the sole exception of the extreme right – says this openly.

Therefore, it seems worthwhile to quote a classic of Polish nationalist-Catholic thought, whose words offer an honest and clear assessment of the ingredients of the Polish quagmire in its pre-war version: “The Polish state is a Catholic state.

This is not merely due to the fact that the majority of the population is Catholic, or that it is Catholic in such and such proportion. Our position is that it is a Catholic state to the full extent of the term’s meaning because it is a national state, and our nation is a Catholic nation. Such a position brings with it serious consequences.

Namely, it entails that state laws should guarantee freedom to all religious creeds, but the ruling religion, the one whose principles are respected by the state’s legislation, is the Catholic religion, and the Catholic Church represents the religious side in all state functions.”

These words were written in 1927.

Yet, I am convinced that they describe relations between the Church and the state in today’s Poland; the present status quo is admittedly a watered-down version of the pre-war national-democratic ideal, but the ingredients are the same. It is no accident that the monument of Roman Dmowski – the author of the above quotation – has for several years stood and still stands in a major square in Warsaw. And it is no that accident that Nasi Okupanci [Our Occupiers], a work about the power of the church by Boy-Żeleński, recently

re-issued by the leftist think-tank Krytyka Polityczna, reads very much like a commentary on present day issues (and not just thanks to the witty comments in its margins penned by Kazimiera Szczuka).

Bubble bubble, my dear compatriots, Poland is a Catholic country. And BoyŻeleński is no longer among us. When I begin to feel suffocated by vapors rising from our quagmire, or when I begin to hear its bubbling in my own thoughts, I return to an excellent essay by Kinga Dunin, published in 2002 but still, sadly, relevant. Its title is “Czarny ford i dwugłowe ciele, czyli Polak idzie do Unii” [The Black Ford and the Two-headed Calf, or: a Polishman on his way to the EU]. With her characteristic ironic wit, Dunin managed to capture a state of affairs, which, if you stop to think about it, is quite astonishing: on the one hand, the omnipresence and all but omnipotence of the Church in Polish public life; on the other hand – utter silence about this fact on the part of enlightened liberals, participants of the public debate (which is often a debate about the sorry state of public debate). Dunin strives to name and describe that which I call the quagmire effect. She writes about „the sacred fear that comes over people who wish to be considered decent and reasonable, whenever they are called on to speak on matters which an unwritten agreement has somehow placed within the power of the Church.” She also considers the symbolic function of the Church, respected by all, which results in „a readiness to declare one’s assent to the Church view in all matters labeled as “moral issues.”

The power of Dunin’s essay lays in the ease with which she asks the fundamental questions that nobody dares to ask in Poland. What is the place of Church discourse in a pluralistic society? What function can be played in a public debate by an institution that possesses, in its own view,

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an absolute monopoly on truth, truth coming from God? Why is it that bishops speak on behalf of the Nation as a whole? Dunin goes on to ask, somewhat irreverently, about the relationship between the said Nation and the actual people who happen to live in Poland: “Which group and whose interests does the Church represent? (…)

On whose behalf is it speaking? All those who have been baptized? Those who put coins in the basket during Sunday mass?

Or does it speak for the Church as an institution or as The Church hierarchy? Could it be that it is taking care of its own economic interests? No, that cannot be the case. The Church is beyond all suspicion….”

I have recently come across another striking text – one whose author captures the quagmire as it drowns the minds of my own associates and friends – Polish feminists. Anna Dzierzgowska writes about a visit that feminist activists – organizers of the Polish Women’s Congress – paid to the archbishop Nycz. She comments on this peculiar event as follows: „…a visit with the archbishop, an invitation extended to a priest (even the wisest of priests) to comment on some weighty matter – each action of this kind strengthens the general belief that no public debate in Poland can possibly take place without the voice of the Catholic Church. When we insist on getting the opinion of the Church on some political issue, we in fact legitimize the right of the Church to express political opinions. And so we remain stuck in the vicious circle, conserving with our own actions the situation the much-missed Tadeusz Boy-Żeleński once called, “the occupation of Poland.”

My sentiments – precisely. I call the vicious circle a quagmire, but the intention seems the same. What I refer to as „quagmire” is not so much the Church discourse as such, as the general readiness to accept it as a primary point of reference on axi-

ological issues, a readiness also of those who in fact do not agree with the Church’s standpoint. The practice of collective nodding is punctuated with declarations of love and respect for John Paul II, as well as statements of heart-felt grief after his death. Everyone seems to be taking part in these social rituals – from toddlers in kindergartens to soccer fans. I have recently come across a declaration of respect and sympathy for John Paul II in a review of a book described as a postmodern porn novel, apparently a breakthrough in erotic literature. The reviewer informs us first, that the work is “the blog of the mysterious Arundati (…) a de Sade in skirt and stockings”. Next we are told that the bold provocateur „likes JPII for „his passion and fidelity (…) and for his wise patriotism,” as well as for his ability to familiarize us with „old age, sickness, dying (…)”. At this point my initial urge to sneak a peek at such sinful reading material suddenly evaporates. Perhaps this reaction is a sign of intolerance – after all everyone, including a postmodernist and self-professed creator of scandals, has the right to „like JPII What troubles me, however, is that the tributes to the Polish Pope are not carefully considered declarations of belief, but are habitual, simply part of the way things are said and done. Such are the boundaries of what comes to mind – including the mind of a woman porn-writer.

The Church discourse does not speak to Polish people, it speaks through them, often against their own better judgment.

This is particularly painful to watch in the case of women, because what the Church has to say about our bodies and aspirations is so often at odds with our feelings and desires. When I hear a young girl defend the woman’s right to abortion slip into Church language with the term “conceived life,” I hear the quagmire sucking. When infertile women on an Internet forum

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speak of the guilt they feel and the sense of sin they experience as they prepare themselves for yet another round of IVF in hope of a longed-for baby – I know the quagmire is bubbling viciously. When I hear that the organizers of the Women’s Congress paid the archbishop a friendly visit on my behalf, I think to myself in resignation – well, it’s a quagmire, after all. The media are delivering a peculiar bit of news just now: compulsory funerals for fetuses are being performed in state hospitals, paid for by the state, and without securing the consent of the patients who miscarried. In the city of Kielce alone, there have been 29 such ceremonies (six of them requested by the parents). I read, rubbing my eyes in disbelief, the description of a fetus-burial without the presence of parents. “There is a tiny coffin with first name and last name on it, and the date of death, and the tiny bodies are usually locked inside, in jars or other containers, and there is a priest who performs the sprinkling with holy water, as well as my employees – explains Darius Toborek, the director of communal cemeteries in Kielce.” I reread this description to make sure that I understood correctly.

Outside my window the wind is blowing, but if you listen carefully, you might hear the quagmire’s bubbling: Poland is a Catholic country. Poland is a Catholic country. Poland is a Catholic country.

• Debate on baptisms on a forum for parents www.rodziceradza.pl/Czy_musze_ochrzcic_ dziecko,q,60507.html Anna Dzierzgowska, Parytet biskupa [The Bishop’s Quotas] www.feminoteka.pl/readarticle.php?article_id=732 Kinga Dunin, „Czarny ford i dwugłowe ciele, czyli Polak idzie do Unii” [The Black Ford and the Two-headed Calf, or: A Polishman on His Way to the EU], Res Publica Nowa, 2002, 165 (XV) (2002): 29-36. Kościół, Michnik, Dialog [The Church, Michnik, Dialogue] – record of a meeting at „Guests of Gazeta Wyborcza” club, Gazeta Wyborcza, 16-17.05.2009:18. Adam Michnik, Kościół, Lewica, Dialog [The Church, The Left, Dialogue], Warszawa: Biblioteka „Gazety Wyborczej”, 2009. „List Stu Kobiet” (04.02. 2002) [100 women\s letter] text in Polish available at: http:// pl.wikisource.org/wiki/List_Stu_Kobiet Sergiusz Kowalski, Krytyka solidarnościowego rozumu. Studium z socjologii myślenia potocznego [A Critique of Solidarity’s Reason. A Study in the Sociology of collective thinking], Warszawa: Wydawnictwo PEN, 1990.

Press articles on the as yet unpublished study of the situation and beliefs of non-believers in Poland by Radosław Tyrała • Angelina Kosiek, Agnieszka Drabikowska, Prawo czy obowiązek pochówku? [the right to bury or the obligation to bury], „Gazeta Kielce”, 5.10.2009:http:// wiadomosci.gazeta.pl/Wiadomosci/1,80269,7109 052,Prawo_czy_obowiazek_pochowku_.html Roman Dmowski, Kościół, naród i państwo, 1927 [The Church, the Nation, the State]. Quoted after Wikipedia. Magdalena Środa, „Kobiety, Kościół, Katolicyzm” [Women, the Church, Catholicism] in: Czarna księga kobiet, ed. Christine Ockrent, Warszawa, W.A.B, 2007. Sabina Kwak, review of Arundati, Terapia narodu za pomocą seksu grupowego, http://www.granice. pl/recenzja.php?id=5&id3=2038pt

Translation by Krystyna Mazur & Agnieszka Graff, with thanks to Regina Graff for final touches, sources and inspirations.

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Every sperm is sacred: gametes more important than people

Wanda Nowicka

The current debate on bioethical issues, particularly on in vitro fertilization, began toward the end of 2008. It was initiated by the draft proposal signed by Jarosław Gowin – a member of Opus Dei and the Polish Parliament.

Mr. Gowin, like the Polish bishops, believes that in vitro fertilization is a concealed form of abortion, according to the Catholic Church an equivalent of murder.

In Poland, due to the strong political position of the Church, this religious dogma has turned into prevailing ideology that may soon lead to a drastic reduction in the availability of assisted reproductive methods. The final result of this new crusade will show, if Poland retains the remnants of pluralism and democratic, ideological neutrality, or rather takes another step toward the religious state, where laws are based on the political position of the Bishops and instructions from the Vatican.

The Law on the Protection of the Human Genome and the Human Embryo and on the Polish Council for Bioethics, that was drafted by authorization of Prime Minister Tusk, aroused great controversy, even in the conservative club of the ruling “Civic Platform”. It also gave rise to numerous protests and social initiatives.

Under the new law, the freezing of embryos would be banned and in vitro fer-

tilization would be available only to married couples. The bill allows the creation of only two embryos to be implanted at the same time. The gametes used to create the embryo would come only from the spouse participating in the procedure – it excludes the possibility of collecting semen and/or female reproductive cells from third parties. The bill also envisages the legal protection of embryos a ban on trade and other gratuitous transfer of embryos and gametes, as well as a ban on pre-implantation diagnosis and embryo selection. Embryos, that are not implanted are to be earmarked for adoption.

The outrage caused by the bill prompted The Parliamentary Club of Civic Platform to appoint a panel of experts to prepare a new, more liberal draft that would become a basis for negotiations to adopt a joint proposal.

The new draft allows the creation of supernumerary embryos, their freezing and selection before implantation. In vitro will be also be available to common-law couples.

Ultimately, The Civic Platform failed to agree a single project because of the huge polarization of positions on this issue. Hence, an unprecedented situation occurred, where one Parliamentary club has proposed two bills on the same issue.

Yet another draft law has been introduced by the ultra-conservative “Law and

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Justice” Party. This draft prohibits the creation of a human embryo outside the body of a woman, and provides for a “rescue program” for frozen embryos that are to be implanted into the wombs of their biological mothers, or – if it proves impossible – be earmarked for adoption.

Restrictive, religiously motivated draft proposals sparked numerous protests and civil initiatives. Social organizations, especially women’s NGOs and associations of people affected by infertility problems jointly launched numerous protest campaigns, including picketing the parliament. They set up the Social Team for the Preparation of the Draft Civil Law on IVF, which prepared a liberal draft submitted to the Parliament at the end of July 2009.

The draft ensures full access to IVF, as well as the safety and quality of this method of fertilization. It allows creation and freezing of embryos, pre-implantation diagnosis and provides for the licensing and supervision of IVF clinics. It aims at adjusting the Polish law in the field of genetics to EU requirements. The draft provides for the reimbursement of infertility treatment from public funds. It is the only legislative proposal that could improve the current situation as regards the treatment of infertility: it ensures access to modern, validated methods of medically assisted procreation and ensures safety, efficiency and quality of these methods. It does not discriminate against people on the basis of their marital status, age or sexual orientation.

Infertility is a disease Bioethical issues may and should be discussed. Assisted reproduction must be regulated by law so that it would meet the highest medical standards and respect the rights and freedoms of individuals and couples. We need a serious debate about the issue of infertility as a social problem that is increasingly widespread in

the modern world. In light of the declining birth rate, increasing life expectancy and decreasing fertility, the Polish government should conduct a policy that allows couples to have offspring. It also needs to determine the standards to be met by clinics providing infertility treatment to ensure that their services are of the highest quality and to protect them from abuse.

The ruling Civic Platform, however, does not seriously address the problem.

Instead, it contributes to the further stigmatization of infertile couples who are often accused of being selfish and immoral, if they seek to have their own child.

Polish women as guinea pigs The draft legislation proposed by Jarosław Gowin is dangerous, incoherent and badly written. If it enters into force, the government will gain enormous power over citizens, for example by influencing their lifestyles, decisions about marriage and the possession of children. For Gowin, in vitro fertilization is used to kill, and do not bring new life. He is not interested in helping couples to solve their medical and ethical problems, only to protect the embryo. Based on these assumptions, he has created a draft law on the prohibition and control. Each and every one of if its provisions on assisted reproduction is incompatible with current medical knowledge and standards adopted around the world.

If adopted, the draft will result in drastic reduction in the number of children born from assisted reproductive techniques, for this must be the result of the ban on freezing embryos. The draft allows for freezing ova, but this method is still at the experimental stage. Why are Polish women to be guinea pigs? The world authorities in this field hold it incompatible with the current state of scientific knowledge, to advise patients that freezing ova is a viable alternative to freezing embry-

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Eve r y s p e rm i s s a c re d : g a m e te s m o re i m p o r t a nt than people 

law, the woman who becomes pregnant as a result of rape, will have to give birth, because no physician will perform abortion on her and no court will protect her rights.

Much seems to indicate that Gowin’s proposal has the best chance in the parliament, as a “fruit of compromise”. Moreover, despite appearances, it can count on the support of the Church. Although at present, the Bishops seem quite ambivalent about it – in accordance with Lech Wałęsa’s expression “to be for and even against” – but one can see clearly that they will support this legislative draft, at least for pragmatic reasons. That is why they encouraged fundamentalist Catholics to submit proposals for a total ban of in vitro, as at their background, the extremely restrictive Gowin’s bill seems to be a compromise, having a real chance to be passed.

Gowin remains calm. Each new initiative strengthens the position of his purportedly compromise proposal. He counted the votes in favour and believes that his draft bill will go through Parliament as a political compromise, as other bills will not be supported by the parliamentary majority. His belief in success is based on many years of experience with Polish anti-abortion law. ”If we had been able to reach a compromise on abortion, which has been much more controversial, I do not understand why, we would not be able to succeed this time” – he said in an interview. The compromise he has in mind is to be reached between the ruling rightwing coalition and the Church – without the interested parties, that is the citizens.

The views of the majority of society mean nothing to him. At present, more than 60% of the population are in favour of in vitro fertilization. Gowin is sure that with time, as with abortion, support for in vitro will fall. I am afraid he might be right. It would be better if legislative process concerning in vitro fertilization stopped. Bad law is worse than no law at all.

os. The low efficiency of this method is confirmed by the fact that so far, only 260 children have been born from frozen ova.

Entirely unacceptable is also the ban on the operation of sperm and oocytes banks – institutions that have existed in the world for many years. Depositing sperm and ova in the bank is recommended in nearly all countries in the case of cancer, before radio or chemotherapy and the removal of testes or ovaries.

Human rights violations Embryo-centrism of the project has been reflected in the creation of extremely bureaucratized controlling machinery, i.e. the Office of Biomedicine and Biomedical Central Registry, which would decide the fate of every Polish embryo and gamete. A woman will not be able to decide the fate of her ovum. She may donate a kidney, but will not be allowed to give an egg to another woman. Decisions to implant the embryos to another woman will be taken by the court after verifying the qualifications of applicants and personal attitudes of parents. The court with an assistance of legal guardian and another unspecified “specialist agency” will check the appropriate parental attitude of people who have no children.

Incidentally, through the back door, Gowin tries to tighten abortion rules, and de facto introduce a total ban on abortion, as this must be a final consequence of releasing the doctors refusing to perform an abortion on grounds of conscience from the obligation to direct the woman to another medical facility, where she could get an abortion. The same result would follow from depriving women who are unlawfully refused abortion of the right to seek damages thus closing the road for women wishing to follow the footsteps of Alicja Tysiąc and other Polish women who successfully complained to the European Court of Human Rights. As a result of this

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The scent of wild roses

Adam Szymura

The large theatre hall in Bratislava on 26 October 2006 was overflowing with people. The play “The scent of wild roses” sparked tremendous interest in the Slovak capital. The Bratislava news media led by three Slovak television stations sent representatives to the event.

It’s amazing that such a high level of interest was sparked by a play featuring amateur actresses.

A year or so earlier, none of the women appearing in the play imagined that they would one day stand on a theatre stage under spotlights and that several hundred spectators, moved by their performance, would applaud them. Until that time, they had lived with the conviction that they were not worth much. They were fully convinced of that by their loved ones: husbands, life partners, parents. From victims of family violence they had become perpetrators and as a result landed in prison: suffering, wrestling with bad consciences, longing for their children, often condemned by their families, neighbours, and acquaintances. Was it possible to lift them out of such tragedy? Having lived through such awful experiences, was it possible to still live normally? The women from Lubliniec, before they began their theatrical therapy, were convinced that there was no way out for them. In the meantime, the stage show in which they took part changed their attitudes and their perception of themselves and their past and future. They began to believe in themselves; that life is worth living and that they still have something to gain. And so, eleven Cinderellas from Po-

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land became stars of the evening in a Bra-

institutions which try to get involved in the educational process engage in many ill-ad-

tislava theatre and in the Slovak media.

Those who saw “The Scent of Wild

vised activities. This happens because the-

Roses” got such a dosage of emotions and impressions that they will remember this

atrical productions for young people are mainly the product of marketing, and not

event for a long time. The standing ovations

proper cultural offerings with education-

and tear-filled faces of audience members were in themselves a review of the show.

al value. For this reason, culture and art are marginal among the interests of con-

The actresses from Lubliniec Prison

temporary youth. For them the prevailing model has become the person of success,

underwent an incredible metamorphosis.

Only memories remained of women who

and all problems, conflicts and failures are

were broken, frustrated, full of complexes, and running away from life and public-

the source of serious emotional and existential stress. Finding oneself in a diffi-

ity. In Bratislava they bowed to crying and smiling spectators who had been moved by the play, willingly gave interviews and let themselves be photographed. They knew perfectly well why they had sparked

cult or complicated life situation is a tragedy. A feeling of shame and powerlessness prevents people from asking for help. They close themselves in their own problems.

They lose control of reality and of them-

such great interest and had stopped being ashamed of their pasts and of what they had lived through. They began to be

selves. They feel lonely, defeated, helpless, and isolated. They don’t see any future or any help for themselves. The only

proud. They talked about their lives, about their motivation, about why they decided to confront themselves in a theatrical show, and the fact that this adventure, happily for them, had changed their lives.

way to again believe in themselves, in the sense of life, is to look objectively at them-

Education through drama – confronting reality and finding oneself Drama is a very effective method and can work on many levels simultaneously.

It can be used in education and resocialization. Through drama, one can become aware of internal conflicts and the contradictions between the inner self and the demands or expectations of others. Furthermore, one can not only become aware of these conflicts, but also realize one’s potential, become creative, authentic and capable of constructive action.

Education through culture is constantly underestimated. Unfortunately, cultural

selves. Just such a confrontation with reality is possible in the theatre, in drama, where one can look at oneself from another perspective and understand difficult situations which have happened in one’s life.

The women from Lubliniec – facing up to tragedy It was precisely with people like this, who find themselves at the very bottom of their existence, who I was involved with at Lubliniec Prison. These were women who had been sentenced to prison for killing their life partners. They took this drastic step after having been subjected to a lot of humiliation. They were beaten and mistreated both physically and psychologically. They were incapable of dealing with the difficult situation in which they found themselves. They had lost faith in them-

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selves. They believed that they were bad

vinced that they would become the subjects

wives and mothers.

It ended up in tragedy. The death of

of an experiment which would only bring them another dose of humiliation. Twelve

someone they once loved caused double or triple pain. First they lost hope of any

women went to the first rehearsal. But one of them, having a more dominant personali-

change in their lives. Right up to the mo-

ty decisively refused to take part. I was afraid

ment of the killing, they were convinced their fate might change. They believed, for

that her authority would increase the unwillingness of the others. Nevertheless, the

example, that their husband would stop

first verbal skirmish, the first declarations, in

drinking. But the killings unequivocally made it impossible. They turned from vic-

which I outlined my vision of the task, had a positive effect. The women put their trust

tims to perpetrators. It was a terrible pity because they had lost a close, once-loved

in me and kept coming to the rehearsal.

person. In many cases their families, loved ones, neighbours, and friends turned their backs on them. Now they would be sepa-

“The scent of wild roses” – putting the play on stage

rated from their children for many years – the death of their father and imprisonment

The first meeting made me realize how very sensitive and delicate the people were. That’s why I weighed every word of

of their mother had condemned their children to an unknown future. The tragic resolution of their problem condemned these

mine and very slowly and carefully tried to enter their world. I began to piece together their drama. We got to know each other. In order to assess the potential of each of these women, I made use of three ele-

women to a marginal existence. They ended up in prison. At the same time, tragically, they experienced some relief: no more beatings, fear or mistreatment.

In prison, sentenced to terms ranging

ments during the rehearsals: reading various theatrical works, setting stage movement to music,

from 8 to 15 years, they are learning a new life. One has to organise one’s time somehow. But starting a new life is not easy. It’s true, they were under the care of prison

stirring up discussion on general themes.

This way, closely observing each participant, I could identify the potential of individual women. Then I could assign the roles that each of them would play. It turned out there were two candidates for the leading role. The first one was a young, pretty, delicate blonde, the second was almost the opposite; an expressive, strong, mature woman. Thinking about how to make maximum use of the potential of both these women, I came to the conclusion that it would be best if both played the main role in the play.

Such a decision immediately guided my thinking about how to construct the play.

I thought about presenting two parallel sto-

psychologists, but when I arrived for the first rehearsal, they looked at me in a hostile and distrustful way.

The prison authorities proposed that they take part in a play. The women now had to face up to their past. They were afraid, which was not surprising. They imagined that they would have to make a big confession.

They were afraid that once again they would have to recount everything from the beginning, exactly, with all details. That’s why they faced this task with reluctance. They didn’t see any sense in it. They were con-

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ries, which would be so intertwined that it

Thanks to the initiative of the director

would be difficult to separate one from the other, and for all intents and purposes it

of the Centre for Women’s Rights Foundation in Warsaw, Urszula Nowakowska, who was present at the premiere, and also to the

would be possible to consider this a single, integrated story. I considered that doing the

resourcefulness of the director of Lubliniec

play this way would add multiple meanings

Prison, Lidia Olejnik, the play was pre-

to it. The first story describes the growing love of a woman for a man. This love can-

sented many times in Poland and abroad.

It is worth recalling that the actresses taking part in the play were women who were

not be explained in any logical manner. It is some sort of powerful, invisible force to which the young woman surrenders, and

serving prison sentences, and so each trip

she is not in a position to resist it right up to the moment of tragedy, to the critical

But in spite of that, the play was staged over twenty times outside Lubliniec. Among the

point. The second story begins where the first one ends. It is about life after tragedy, an attempt to find a way out of the predicament created by the nightmare of one’s past. I knew that it would be safer to have

most important trips were those abroad: to Bratislava, as mentioned earlier, and to Ljubljana, capital of Slovenia, where at the beginning of July 2005 there was a festival of therapeutic theatre. The performance

a very general plot, rather than one based on the specific life story of any of the women taking part. Only a few key facts from the

of the actresses from Lubliniec completely outshined those of the other theatre groups from Germany, Slovenia, Malta and Iceland.

lives of the victims of violence needed to be used. Those most often repeated elements in the life story of each victim of domestic violence were first and foremost alcohol and the loneliness experienced by every woman

The performances staged in Katowice and Zamość prisons were a tremendous

fighting an unequal battle with an abusive husband. As a result, there appeared financial problems, rejection, lack of understanding from the family and loved ones, and the

the expected discussion, there was a long, very telling silence. The men were badly

indifference of neighbours. Somewhere in the background there lingered regret over lost love. And the squandering of this feeling of love during the years of a dramafilled marriage probably hurt most of them.

Trips and performances The performance in Bratislava brought to a close the life of the play “The Scent of Wild Roses”. It had premiered on 19 May 2005 and was a pleasant surprise for the audience in the common room of Lubliniec Prison.

entailed many organisational difficulties.

experience. There the play was watched by prisoners who had been sentenced for family abuse. After the show, instead of

shaken, and could not look the women actresses in the eye.

“The Scent of Wild Roses” was accompanied by several academic conferences devoted to the problem of incarcerated women and resocialisation in penal facilities. These took place in Warsaw, Wrocław, Popów near Warsaw (at the Centre for Training of Prison Services Staff), and Cieszyn.

The shows presented in cultural centres of these towns also turned out to be interesting. They were open to the public, and anyone interested could attend. Afterwards there were long discussions in which the public expressed its empathy for the women prisoners. Not infrequently au-

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dience members would stand up and loud-

are the essence of what can be achieved

ly talk about experiencing similar problems in their own homes or families.

through dramatic workshops. The staging of all kinds of dramas triggers in partici-

From one trip to the next, from one performance to the next, the actresses’ self-

pants feelings of freedom in bringing one’s own ideas to life. It strengthens the moti-

confidence grew, as did their feeling that

vation to act and confidence in oneself. In

they should tackle in the widest possible group the problems they experienced. They

a group embarking a common artistic enterprise, a specific type of dialogue takes

began to feel the need to share with others

place and unusual bonds are established.

they own experiences and reflections. For the public, in turn, the actresses became

Reducing the world to defined symbols and assigning roles enables one to show uni-

more heroines than social outcasts. But the tragedies of these women were a warning,

versal truths about mankind.

A theatrical undertaking can be divided

and not just some heartrending tales like the many one comes across in the tabloids or glossy magazines.

roughly into drama and theatre. Between drama, which is a pedagogical method aimed primarily at work with children and

Personal reflections and conclusions Drama has not only therapeutic but also prophylactic value. It enables a balance to be maintained between what is individual and what is common space for many people. By giving a feeling of connection with other people, it reduces irrational fear and the feeling of loneliness. It brings out the individuality of a person, it teaches him to discover his own inclinations and abilities.

Dramatisation is an excellent tool for pedagogical and resocialisation work. However it demands from the organiser of the undertaking sensitivity and openness to the problems of others, and at the same time the ability to properly interpret reality and recreate these problems on stage in an interesting manner.

“Let us play an idea and it will become reality”. These words of John Dewey1 John Dewey (1859-1952), American philosopher and educator, created the concept of the school of practice. His educational concept was based on understanding experience as the essence of truth – what is true is what proves to be true in action. Experience is the source of acquisition

1

youth, and theatre there exists a fundamental difference. Drama has an educationalcognitive character and involves experiencing, living through specific situations without any contact with the audience. Theatre is primarily communication between creators, actors and the public. It is certainly a higher form of communication.

The goal of drama is to educate, which is achieved during exercises based on imagined situations. The goal of theatre, on the other hand, is to give the audience a complete picture filled with a range of emotions, as well as conveying a specific message.

In working with adults, especially those who are experiencing serious life problems and verification of knowledge, and so his school of practice developed the watchword: learning by doing. This school was set up on the model of the self-sufficient household, where children engage in a variety of craftwork and domestic tasks. The stress was on practical and hands-on activity. The main goal of the school was stimulation of the innate abilities and interests of children, enrichment of their experience, and independent work; knowledge, however, was acquired along the way, so to speak. There were no classes or subjects at school; at the core there was a problem that the child encountered in daily life, and by solving it he acquired knowledge. For that reason, the task of the school was to recreate situations which were the sources of such problems.

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(and spending time in prison is clearly one

is, however, a space in which values be-

of them), it is necessary to do theatre, not drama.

come real. The staging of dramas can be a form of rest from experienced reality, but

The cognitive function does not play a major role here. The goal, i.e. stag-

it is not an escape from life struggles because it enables the participants to discov-

ing a play, while very concrete, lies sever-

er authentic values. Above all, dramatisa-

al months or at least weeks in the future, and moreover requires systematic, pains-

tion involves asking questions. The answer each time depends on the participant; it is

taking work. In order to convey to someone

formulated in the process of making moral

the message of a theatrical work, you have to live through it yourself and understand

choices and determining attitudes towards difficult life problems.

it. Drama can seem to be incomprehensibly strange to adults. In the case of pris-

During dramatic action there is accelerated learning of new forms of behaviour

on actors, coming face to face with spectators – both those living in freedom and those sharing their fate in prison cells – has

and social functioning. In a drama, learning is a process stimulating modification of behaviour under the influence of the individual

tremendous meaning. Regarding the first group, one can try to bring them closer to

experiences of the participants. It consists of emulating, forming and confirming certain

one’s own problems and dilemmas, which perhaps they have never encountered or experienced. Regarding the second, one

cognitive patterns and moral-social models.

Staging a play is therapeutic not only for the actors. “Entering” into a charac-

can convey to them certain values and objective truths, and show that they are not alone in their prison misfortune.

A fundamental element of drama is conflict. The attempt to resolve it dur-

ter is always a big adventure. Experiencing unknown states, precisely because they are not ours, enables us to improve ourselves. Such a process of confrontation with oneself through a stranger’s ex-

ing the course of a play demonstrates the making of wrong choices and their consequences. Participation in a theatrical undertaking allows people to get some dis-

periences and emotions has a strong therapeutic quality, sometimes even traumatic, but which with psychological help can lead to fundamental changes in character

tance from their lives. It enables them to understand their life situation and to get to know themselves, and also to understand that there exists a certain inevitability of events by showing them the consequences arising from a certain way of life.

Dramatisation is undoubtedly a very attractive method in which elements of fun and entertainment are mixed with reflection and pensiveness. It is very effective in transferring knowledge and developing one’s personality. Drama is an opportunity to move into an inner space, which in prison conditions has added meaning. It

and personality – usually positive changes. Prisoners take part in a very special, sometimes painful metamorphosis. Their monotonous and strongly regulated life is suddenly transformed into participation in a very emotional and spontaneous activity.

The actresses themselves become subjects of the play and without hesitation present it to others. And that is the next step of the therapeutic act in the process of improving one’s inner self, especially on such levels as sensitisation, readiness to listen to another person’s viewpoint, willingness to acknowledge his right to his own opinion,

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and acceptance of the judgements of oth-

has not yet been experienced. One can say

ers and reflection on them.

In conclusion, I would like to formulate

in short that it is anticipation of experience. This type of activity I especially rec-

my own definition of theatrical therapy. I reduce the entirety of therapeutic-theatrical

ommend for children, who can learn about the consequences and life truths without

activities to three ways of doing therapy:

the risk of painful and irreversible experi-

theatre drama

ences. Dramatisation means putting one’s own experiences on stage and reliving cer-

dramatisation

tain key sequences from one’s life.

Theatre is a meeting between an actor and a spectator. It can be of an entertain-

In creating the play “The Scent of Wild Roses”, I made use of precisely this latter

ment nature or it can carry an important message. I usually reserve theatre for pro-

form of theatrical activity. However, all these levels intersect. The most impor-

fessionals who, with the help of their talent, actors and life experience, are able to convey important messages to the audience.

tant thing is to find one’s own way, one’s own method of communication with people, and draw satisfaction that one can

Drama is above all a meeting with oneself without an audience; it is the anticipation

offer someone else a helping hand. The theatrical stage is the best place for help-

of certain events or relations. It means going through – in an imagined world created for one’s one needs – something which

ing one to discover oneself and one’s place in the world without hurting anyone’s feelings.

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Passion: women drop their masks and mend the world “Passion – the rite of dropping sacrificial masks” is the title of a play prepared by the participants of the project “Work and dignified life for women victims of violence”, funded from the European Union EQUAL PROGRAMME and implemented by the Women’s Rights Center from Warsaw, Poland. The project aims at equal opportunities and improving the living situation and employment of women experiencing domestic violence.

Andrzej Dominiczak: “Passion” is a play performed by women who are victims of violence; it is also a form of therapy. From a feminist and humanist point of view this fact may raise some doubts. Why are these women placed in the role of individuals who qualify for psychotherapy? Isn’t it in some way incompatible with the objectives of the project? After all, its purpose is to improve women’s capacity to cope in the labour market, while involvement in therapy seems to indicate that they are not fully capable of independent life, that they require treatment. What is the disorder they suffer from?

Dagna Ślepowrońska, a psychotherapist, author and the director of “Passion” talks with Andrzej Dominiczak, the editor of this issue of Law & Gender.

Dagna Ślepowrońska: Our clients and actresses began to participate in a support group, where they reported various psychological problems. Then they decided whether they wanted to continue their therapy and how. At that time, Urszula Nowakowska from the Women’s Rights Centre proposed to create a theatre group, which was first intended to present the

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problems faced by victims of domestic violence to a broad audience. Soon, however, we realized that this approach would be too shallow. We noticed the inability of the participants to free themselves from violent partners was anchored deeply in their distant past. The problem does not begin with their husband. Therefore, in our performance, we return to the childhood experiences of our clients and heroines at the same time.

In addition, we knew from the interviews and applications to participate in our program that most of the women had sought psychological and practical help earlier. One woman asked her priest and was told by him that violence at the hands of her husband is a cross that a woman should carry. Another terribly beaten woman called the police and met with scorn and derision. Many of our clients have been victims of mental, physical and sexual abuse, sometimes at the hands of their fathers. At times, their mothers participated indirectly, pretending they did not know anything. Women who want to leave their abusive partners need to build their self-confidence, and we must help them. Regaining the dignity and self-esteem begins from building personal strength and self-esteem. Women should stop thinking about themselves as poor and helpless. We teach them to think and express that they are strong, that they will survive and cope with the problems they face. We do not cure anybody.

We simply help women find new ways to grow and encourage them to bring their internal problems from the shadows of the past into the daylight. They need to remember the voices of their parents and other important people who once insisted that they were worthless and would not cope in life. Only then may they become

self-reliant and find the strength to overcome the shadows of the past. This is not a purely symbolic act, or an amateur theatre, which simply tells their sad story. It is a rite of emancipation and a return to the origins of theatre.

AD: Why should women who want to find a good job return to the origins of theatre?

D.Ś.: Because there is hardly any difference between therapy, particularly group therapy, and theatre in its original form. Theatre at its beginnings had largely therapeutic goals. Catharsis in the ancient Greek theatre was a form of social therapy. In one Polish village in the Kashubian region, for example, locals hold a ceremony called “the court over a kite” – a kind of bird. The kite is a symbol of evil in this region. Once every four years, the villagers, in ceremonial robes and wigs, meet in “court” and “the judge” asks them what evil the kite has done. People shout accusations. It turns out that the kite has made Jolka pregnant, has stolen a tractor, has beaten some children, and so on. In this way, the grievances of all villagers are expressed. Then, the executioner arrives on horseback, wearing traditional executioner’s attire. The kite, made of clay and filled with red paint, is placed on the trunk and beheaded. Then, the villagers go to the lake, drink vodka, make a fire and have fun.

Such rituals serve first of all a therapeutic function, sometimes for a small group, and sometimes for the greater community.

AD: And in this case? Can the project involving a handful of participants in some way contribute to improving the situation of other women? Can it play any social role?

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Pa s s i o n : wo m e n d ro p t h e i r m a s k s a n d m e n d t h e world 

D.Ś.: Certainly. After all, it is also a play – the piece of art, which raises strong emotions. The audience at our performances is much larger than we expected.

The hall is always filled, and the response from the spectators is very strong. After the performance, the spectators have come to me, both men and women. They sometimes cry or tell me their very intimate stories. It is very important to me that the men approach and say that the problems concern them too. .

AD: I was told that particularly emotional was the response of women from one of the prisons.

D.Ś.: Indeed. We recently played in a woman’s prison in Lubliniec, a small town in southern Poland. The performance was incredibly moving to those woman. Most wept, not so much, however, because they were so touched by the fate of several unfamiliar women. They were crying because what was happening on stage directly related to their own experiences and emotions, often very painfully. I think that in the future they will be able to deal with the problems of domestic violence more effectively.

applause. Spontaneously. It was a very important experience! Now the participants of “Passion” want to help other women. They want to show others that they can always do something good with their life.

AD: You have worked with these women for several months. Have their situations improved during this time? Have they found jobs, received a promotion or a long-awaited pay rise?

D.Ś.: At the beginning, most of our clients had been unemployed. Then they were going through their ups and downs, but most of them found employment. One of the ladies had a very difficult situation at work. She was badly treated and could not cope with it. Her situation has changed since she started to enforce her personal boundaries and to demand respect for her rights. Now she feels respected, no longer does other people’s work and does not work overtime if she doesn’t want to. The same lady, shortly before the premiere of “The Passion”, finally found the courage to part with a man who had abused her for many years. The women participating in our program have really changed their lives. In some cases, these changes have been quite amazing.

AD: How do the participants react to such an emotional response which they probably have not expected?

AD: According to many scholars and practitioners, one of the reasons for the persistence of discrimination against women in the labour market is a lack of solidarity among women. Some, like David Buss or Griet Vandermassen find the causes of this phenomenon in the evolutionary history of our species, while other, especially left-wing and post-modern feminists claim the problem is the market mechanisms in alliance with the patriarchal culture. Wom-

D.Ś. They are increasingly eager to take part in performances. They want to help as many women as possible. They have begun to treat this activity as their mission.

For example, at the initiative of our clients, we will give a performance in one of the youth custody centres. Our ladies want to help these girls. In prison, each time the mask was taken off, it was welcomed with

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en, even in difficult situations, often compete rather than support each other and are not willing to organize themselves into groups or trade unions. Even in drastic cases, such as sexual harassment, women can not always count on each other. Does this problem play any role in your work? Does this artistic and emotional experience strengthen the solidarity among your clients?

D.Ś.: It seems to me that the argument about the lack of solidarity among women is not entirely unfounded, although I would not look for an explanation in evolutionary psychology. It is rather education and the culture in which we live, that is at fault. Moreover, we know many traditional communities where women form a strong community and help each other.

Several months of common work has certainly created a strong sense of community among these women. Women helped one another not only during rehearsals and performances. They spur one another on to fight in their private lives and in the workplace. They help one another with children and offer shelter to those who have fled their homes. The sense of community is strong and it seems that it will have a lasting impact, even if the ladies of this particular group would no longer be in touch with one another.

AD: Taking part in the performance gives rise to the changes in the lives of the program participants, but also – as you said earlier – in the lives of many others who have seen your play. Women begin to defend their dignity and interests in the labour market, refusing to accept the exclusion, exploitation and oth-

er forms of ill-treatment. Would you say that yours is also a political theatre?

D.Ś.: I think so. After all, we helped change the attitudes of many women to themselves and to their place in society.

Moreover, we have influenced the sensitivity and attitudes of many men. Yes, certainly it is a wee bit of tinkering with mending the world.

AD: My last question is less about the “Passion” and more about your therapeutic work with women. Several years ago I participated in cross-cultural studies on domestic violence conducted by prof. Isabelle Marcus from the University of Buffalo. In these studies, men from many countries and different cultures were asked whether they sometimes use violence against their wives or partners, and if so, for what reason. Interestingly, the vast majority of men surveyed, regardless of their culture and country of origin gave the same reasons, and it was the alleged grouchiness of women, which they can’t stand. What do you think about this?

D.Ś.: Men, as usual, make woman responsible for their own behaviour. This does not mean, of course, that grouchiness may not be tiring. Women are more aggressive verbally, men – physically.

Grouchiness is a form of aggression. On the other hand, I know many grumpy men and no women who would then as a consequence beat her husband. So it is a flaw, but one you can live with. But if you simply look for a pretext for violence, grouchiness seems well suited for this role.

AD: Thank you very much

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H ERSTORY

The story of Irena

My husband abused me physically and psychologically throughout our marriage. There are no words that can reflect the pain, fear and humiliation that I have had to endure from him.

In the early years of our marriage, when I was pregnant, my husband tormented me mentally. He would fly into a rage for the most trivial reasons. Sometimes it was because his shirt wasn’t ironed, other times because I was too tired to hand wash his jeans.

I was pregnant, I felt bad, I was nauseous and often fainted due to my pregnancy. I had to take medication to maintain the pregnancy, but he didn’t care. He argued with me constantly, screamed and told me he would leave me, then went out for hours (at that point we were renting a studio apartment). I cried and I suffered because I loved him very much. I tried to be the best wife – I cooked, cleaned, ironed, but often I didn’t have the strength to press his many shirts.

At the same time I continued my studies. On more than one occasion, I arrived at the university in tears, because my husband was constantly abusing me.

Since the beginning of our marriage, he tried to separate me from my parents, even though they helped us so much: they bought us food, other necessities, paid for the rent and were very kind to us.

After the birth of our child the situation became even worse. My husband has never shown any paternal feelings towards our child. His attitude towards me became even worse. He kept fighting with me about everything and threatened to leave me.

About two months after I gave birth, my husband started beating me. It began with one blow, and then there were more and more, until finally, he began to torture me. I’m not able to describe what he did to me. He would scream at me and beat me terribly. He punched me. He threw me against the wall, the door. He didn’t care that there was a little baby in the next room. He hit me so much, that I would lie almost unconscious on the floor. My entire body was covered with bruises – my arms, my legs, my back, my neck, even my fingers. He threatened that if I told anyone, I would be sorry.

He made me wear clothes that covered my bruises and forbade me to talk to anyone.

We rarely went out with friends, but when we did, I had to smile and pretend everything was fine. In front of other

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people he would call me: “Treasure, my love, sweetheart”. Then we would go home and he would abuse me again. Sometimes the beatings would be once a month, but usually they happened every week, or every day.

In the spring of 2006, I started to do my thesis. During that time my father took leave from work to help me and to take care of my daughter. I spent the whole day doing research at the university for my thesis, and when I returned home in the evening the scenario was always the same: the fights and beatings. My husband’s rage was growing and he beat me harder and harder, to show his great displeasure at me doing my thesis.

Sometime during this period, he beat me up so savagely, that I sustained a nerve injury in the lumbar area. It was so serious that I couldn’t move. The doctor from the ambulance inquired how it had happened, but I was afraid to tell the truth, with my husband standing by the bed.

The doctor injected me with a painkiller, and recommended tests in the hospital. At the hospital, I had an X-ray, which did not detect any bone damage. They didn’t test me for nerve damage because the doctors did not know the real reason for the pain. Up to this day, I feel the consequences of those beatings. The entire lower part of my spine is stiff.

In May 2005 we changed apartments. By then, my father had learned from our neighbors, what was happening in our apartment. The neighbors said that they could hear my husband screaming wildly, and they could hear me cry. When my father talked to us about these occurrences, my husband denied everything and I lacked the courage to tell the truth. Since then, my husband, realizing that people had witnessed his brutal behavior – (although not completely, because the neighbors had heard only screams and shrieks, and could not see what my husband was doing to me) – changed his bullying tactics.

He tried to leave as few traces as possible. He would say horrible things with a smile on his face. He would insult me and torment me in almost every sentence and smile ironically. He would tell me that I’m nobody and worth nothing. When I tried to ignore him, he would continue until I snapped. He told me he did it on purpose, because he knew me better that anyone and he knew what to say to make me lose control. When he succeeded, he would beat me.

What my husband did was degrading to me as a human being. At the moment, most of what happened is a blur to me, as there were so many beatings and tortures that I can’t remember each of them individually. It is still a shock to me. But I will present some facts that have occurred.

My husband went from striking and punching to choking me. He would knock me down, sit on my stomach (he weighed 110 kg), grab

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my jaw and push my head back while squeezing my throat. He would twist my arms behind my back, so that I couldn’t defend myself. He would allow me to scream at him that I hated him and wanted him to leave, but if I cried for help, he would get angrier and choke me harder. During this he would laugh, clench his teeth and hiss, like a wild animal. It was obvious that he felt great satisfaction with what he was doing. My husband used truly Gestapo-like methods of torture. He could hit me a dozen times in the face so hard that I could not move my jaw later, without bruising my face. I don’t know how he did it. I don’t know how it’s possible to beat someone so hard that they can’t move, leaving hardly any marks.

I didn’t know what to do in this situation, to whom I could turn for help. My entire body ached, and yet there was hardly any sign that I had been beaten. I felt helpless. And my husband was growing increasingly brutal. Once, for example, he began to beat me, and when I tried to defend myself, he tied me up with an electrical cord and began to kick me in the kidneys, back and legs. He laughed at the same time and called me a stupid, crazy woman. Often, he said he would have me institutionalized, especially when I tried to scream for help. He would push me onto the floor of the kitchen, grab my throat and push my face into the floor. When I tried to get up, he would hit me in the back and pin me down using his knee or he would push me against a wall while choking me. Once, he beat me so badly that I lost my ability to speak for several days: I was in such a state of shock. He would push me against the wall for so long, that I would momentarily lose consciousness. He tormented me repeatedly. He beat me in the most sensitive areas .He repeatedly struck me and kicked me in the breasts.

I was also forced to have sex. It didn’t matter to him that I didn’t feel any pleasure. The only thing that was important to him was to satisfy his animal instinct. I loved him very much, so I tried to endure it, yet he treated me like an object. I became so disgusted with sex that I stared to avoid him. For the last 2 years, we’ve slept in separate beds. That’s when he started to force sex on me. I tried to defend myself, but he was too strong and he managed to force me to have intercourse with him. I felt raped.

When I pleaded with him to leave me alone and told him that I didn’t want to have sex, he laughed and said that he liked it when I teased him. I told him, that I wasn’t teasing him, that I really didn’t want to sleep with him, but he would grab my arms and force himself on me. The only thing I felt then was pain and humiliation. I often cried but he didn’t care. I do not know whether he felt more pleasure from the sexual act or from being able to torture me once again.

I think it was the latter.

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H ERSTORY

My husband repeatedly told me that he would like me to be pregnant again, because then he could have sex with me without protection and whenever he felt like it.

In November 2006, my parents found out that my husband was violent with me, but I wasn’t able to tell them how much he hurt me. My father categorically told my husband to stop beating me. He beat me up on the very same day. He was furious that I had told my parents.

On December 1st, my husband once again beat me up very badly, and he moved out of the house. After that, he called me repeatedly and forced me to meet with him. During these meetings he took turns telling me that he loved me and insulted me. He mentally tormented me. This cost me a lot of nerves and many sleepless nights.

He demanded that I cut my parents out off my life. During his absence from home, I became stronger. I agreed to stay with him under certain conditions. The main condition was that he was never to abuse me again, neither physically nor mentally. He accepted and signed my conditions in writing. After that time we spent Christmas with my grandparents, because I always felt that Christmas is a time for family celebration. We went back to living together. At the beginning, my husband somewhat refrained from his atrocious behavior, but after a month – the 1st of February, he beat me again. On March 16th, 2007 (the day after our child’s third birthday, which he completely ignored), he beat me up again. He knocked me down to the floor, sat on my stomach, twisted my hands behind my back and choked me. When I tried to scream for help, he pushed a sleeping bag into my mouth. He hurt me badly.

The next time he resorted to physical violence was just before Easter. He beat me and choked me on both Good Friday and Easter Saturday. He slammed me against the door, the wall, the wardrobe. Then he knocked me down and chocked me.

After these beatings I was afraid to stay in the house with him, so I took my child and parents and we went to my grandparents’ house.

I didn’t give my husband the keys to our apartment, because I was afraid that he would fly into a rage and destroy our precious belongings. He followed us to my grandparents’ house. On the first day of the Easter holidays he forced his way into the home of my grandparents, attacked my father and made a scene. Since that day, I no longer live with my husband. But he still harasses me with phone calls, threats and obscenities. Everything he did, he did whilst sober.

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Piotr Szumlewicz

Equal but cheaper Women’s capitalism is not good for women

The term “labour market flexibility” appears more and more often in debates on the labour market and economy. Flexibility is one of the key concepts of modern system of government; it is an attitude towards the world that permeates ever more areas of social life.

Many economists maintain that more flexible labour market is the direct result of changes in the modern economy and that it leads to increased efficiency and competitiveness, lower unemployment and improved living conditions. This view, however, has no empirical basis. A good counterexample here is Poland – a country with the flexible labour market, but backward technologically, not competitive and with high levels of unemployment and poverty. The flexibilisation of the labour market in Poland has been accompanied by the deterioration of social indicators: rising unemployment, slow increase

in the minimum wage and decline in unionisation, which currently does not exceed 15 per cent.

On the other hand, in Sweden, where employment protection is much stronger than in Poland, about 80 per cent of workers belong to trade unions. And yet, for many years Sweden has taken the lead in the rankings of competitiveness and technological development: it has a high economic growth rate, low unemployment (long-term almost does not exist), and high standards of quality of life. So, as we see, flexibility is not a prerequisite for socio-economic development.

In the industrial era, the production system introduced by Ford Motor Company fascinated all: Americans, Soviets and Swedish Social Democrats. It was the mixture of uniformity and protectiveness which introduced a specific relationship between employers and employ-

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ees, as well as between the state and citizens. The company organised the work process but also other spheres of workers’ lives. Ford’s workers not only created the unions, but also often jointly organised life outside of work and created bonds of solidarity in many arenas of life.

It was clear that employees have different interests from employers. The system was based on the institutionalisation of class conflict in the form of such a tripartite committee.

The model based on flexible labour market dates back to early 1970s, when the demands of May 68 were appropriated by the advocates of the new shape of the capitalist system. The emphasis on creativity and flexibility appeared originally as a protest against the industrial economy, and ultimately was used by rapidly rising neo-liberal orthodoxy. In the new system, the workforce has dispersed and class conflicts are presented as irrelevant.

Organisation of work, which was formerly based on a full-time employment for life, has assumed increasingly flexible forms.

A new type of economic order required reductions in employment in large factories and has lead to the transfer of labour to smaller and more dispersed service companies, based on labour contracts for a definite period and the lack of stable employment.

After 1968, the model of Ford’s assembly line has been ditched. The new slogans of self-actualisation, mobility and creativity exactly hit the needs of post-industrial capitalists.

The “new order” is primarily concerned with making the best use of workers’ intellectual skills. In other words, one of the cornerstones of the modern company is a certain model of human psyche.

The employer seeks to learn and understand the mindset of his workers to make them subservient to the interests of the

company. Today’s most popular purpose delivered to employees is therefore the promise of individual success. Work, allegedly, is no longer to be a collection of mundane activities carried out in accordance with the plan imposed by superiors. It has become an area of individual self-fulfilment. In this way, group interests and class conflicts are replaced by the promise of individual success and the threat of personal failure.

In the industrial era, the standard worker was male; he was the representative of the working class. Women slowly fought their way to the system dominated by men. But, when the situation of women in the European welfare states began to improve, the whole model of the welfare state started to be questioned. The new paradigm of state and society openly refers to women and femininity. Flexible capitalism does not only promise fulfilment to women, but also promulgates femininity as one of its main values.

This new approach is particularly evident in Poland where neo-liberal reforms were introduced without any doubts and resulting constraints. In Poland there are relatively many small firms and more than one third of them belong to women.

Women are often discharged from large corporations and forced into self-employment. Many women run small businesses, often on the margins of financial viability. Increasing labour market flexibility and decreasing importance of trade unions have resulted in the falling wages of many workers and consequently, in increased poverty. Worse still, since the beginning of the twenty-first century, the growth of employment flexibility in Poland has become one of the main objectives of successive governments. Apart from Spain, Poland is a country with the highest percentage of people employed for a specified period and it is mostly

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women who are employed under these conditions.1 It is also worth noting, that significantly more women than men work part-time. In the first quarter of 2009, 11.8% of women and 6.1% of men in Poland worked on a part-time basis.2 It is sometimes a good solution, but it’s usually linked with lower salaries. In addition, the wage spread between men and women, in the case of part-time work is much greater than in the case of fulltime jobs. According to the data provided by the European Economic and Social Committee, women working part-time earn on average about 60% of what men earn.3 It turns out that a slight increase in women’s participation in the labour market, which has occurred in recent years, is partly attributable to a greater number of persons employed on less favourable terms.

The new model of capitalism is not beneficial to workers or small owners, and particularly not beneficial to women from both groups. Despite this, in the Polish public debate, economic transformation is often presented as women’s success and the liberation of the long impeded women’s entrepreneurship.

The praise of women’s entrepreneurship is often supported with essentialists’ claims that modern economy requires female characteristics and that thanks to them businesses will operate more efficiently. This rhetoric is very common in the circles associated with the so called In the first quarter of 2009, 25.7% of employees were employed on fixed-term – 26.8% women and 24.7% of men. It is worth noting that in 1999, only 5.7% of the workers were employed under these conditions. Economic activity of the Polish population. First Quarter 2009, GUS, Warsaw 2009.

2 Ibid.

3 M. Mendez-Drozd, The EESC opinion on the poverty among women in Europe (September 2005).

The text written for the portal www.ngo.pl.

1

Women’s Congress,4 where women’s entrepreneurship has become one of the main slogans. The initiative is strongly supported by the Ministry of Labour and Social Policy.

These topics play important role in the recently published book entitled Women’s Management Style, written by one of the members of the Women’s Congress Programmatic Council, Ewa Lisowska. The author writes: “Today, women have greater chance to get a larger share in the management than before, because they have skills that fit very well into the new economy. Women contribute added-value in the form of contextual thinking and more adequate perception of customers’ needs.”5 They meet the requirements of the system better than men. Whether it is favourable to most workers, Lisowska says nothing. “Because of the historically shaped characteristics, women should become the vanguard of a new managerial capitalism.” So, the demand for women’s work and for women in managerial positions will grow. Women are already fairly well prepared for this challenge. “They are better educated and have specific life experience that helps them to develop such characteristics as intuition, motivation for cooperation, communication Women’s Congress is an event which took place in Warsaw, on 20-21 June 2009. The Congress was organized to celebrate two decades of Polish political and economical transition, and its aim was to present a systemic change from the perspective of women. The Congress attracted many celebrities and leading representatives of the media and business. The participants adopted a number of demands, of which the most important was the introduction of parity system to electoral procedure and the appointment of a Spokeswoman for Women and Equality. The main theme of the recently held regional congresses is the liberation of women’s entrepreneurship.

5 E. Lisowska, Women’s Management Style, Warsaw 2009, p. 6.

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skills and ability to work in teams. They are also highly perceptive, and are more inclined to notice people first.”6 According to Lisowska, although women manage businesses differently, capitalist principles remain intact. The problem is, however, that in the new model of economy and management, lower-ranking workers will be more subordinated to the firms for which they work than ever before. The author argues that “people” – employees and customers – are the most important asset of the company, so you need to know how to reach them effectively to motivate them and maintain good relations with them, in order to gain their loyalty and the sense of identification with the company, its products or services.”7 So, allegedly qualitative change in the management, boils down to more effective ways to manipulate employees and customers. Referring to Lois Frankel, Lisowska bluntly advises women to adopt the following strategy on the labour market: “First of all, we must acknowledge that business is a game, so that we must learn how to compete. To this end, we need to learn the skills of self-presentation and self-marketing, we have to make our superiors aware of our achievements (to brag about ourselves) and learn to talk out loud, that we are ready to take the next challenge.”8 The new approach then will focus more on competition and motivation for individual success.

At the same time, in this new approach, the strength of workers will decrease, first of all due to the falling rate of unionisation. In exchange for establishing more friendly relations between the workers and employers, the former will not receive any financial benefits. The concept repeated by various theorists that today’s

economy transforms from vertical management structures to more flat and flexible networks is a myth. The alleged decline of hierarchical relationships has no empirical basis. Instead, in the so called post-industrial era, in most European countries, workers’ wages and GDP have grown very slowly while stratification and unemployment have soared. Besides, Lisowska argues that attaching much importance to earnings is the hallmark of a masculine management style.9 So it seems, that the main purpose of women’s management style is to strengthen workers’ identification with the company. As the author acknowledges, in this new approach to work, “women more effectively motivate employees.”10 The above outlined approach has been summarised very well by Harriet Rubin, who argues that women’s style of management is based on love, while men’s – on fear.11 In her opinion, in companies managed by women, employees have nothing to fear, conflicts of interests and fights disappear. Employees must love their superiors regardless of wages and working hours. The same idea was expressed in the message and demands of the Women’s Congress. There were panels on women in business and the stock market, but poverty was not considered worthy of debate. Similarly, the demands adopted and promulgated by the Congress do not mention poverty or social exclusion; there were no calls for the reform of free health service or the current pension system, which is very unfavourable to women. Instead, there was a whole section on women entrepreneurs and the Congress demanded the introduction of flexible forms of employment and flexiIbidem.

Ibidem.

11 H. Rubin, The Princess, Machiavelli for Women, New York, 1997.

9

Ibidem.

7 Ibidem.

8 Ibidem.

6

10

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ble working time to Polish labour law, as well as the introduction of lessons of entrepreneurship and elements of business ethics into school curricula. There were more points in praise of entrepreneurship, while other proposals were limited to vaguely conceived human rights, accompanied by the proposals to meet the requirements of flexible employment that harms mainly women.

In other words, it seems that the main purpose of this “new capitalism” is simply more efficient exploitation of workers and total dedication of women entrepreneurs who are to be proud of their companies and entirely devote their lives to their companies, blurring the boundaries between work time and leisure.

In this way, part of the feminist movement joined in the attack on workers’ rights, including predominantly women’s rights. Under the noble slogans of women’s empowerment and emancipation, further arbitrariness of employers is advocated. The new patterns of social and professional prestige undermine such val-

ues as stability, trust, egalitarianism and a commitment to fight for the group interests. Instead, it is individual success, flexibility, entrepreneurship and selfishness that are strongly promoted. In this way the energy of many feminist activists is wasted, and favourable conditions are created for right wing populists, who know how to take advantage of the frustration of those women who are neither creative nor enterprising. Entrepreneurship is not an intrinsic good and praising it does not strengthen women’s position in society. The new propaganda simply induces them to internalise the interests of their employers. The new woman will not fight for higher wages or greater employment protection. She will aspire to be a businesswoman and focus on having their own business rather than a stable job and salary. Given the deepening socio-economic crisis, the situation of women in the coming years is likely to worsen.

What’s sadder, a lot seems to indicate that this antifeminist turn will be taken in the name of sisterhood and femininity.

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Ewa Majewska

”You will never force people to believe that something which is not a crime should be considered a crime, but you can turn a crime into a legal action.”

K. Marx, Debates over the wood-theft laws ”Spring looks best in the light of burning anti-abortion laws.”

A feminist slogan, Warsaw

The political economy of the ban on abortion 15 years of anti‑abortion legislation in Poland at a glance

Let us begin from going back to the Victorian times, the times which brought the ban on abortion and the most developed household accountancy. In the widely known fairy tale Peter Pan, Mr and Mrs Darling (the parents of Wendy) think about expanding their family. The Catholic orthodoxy would probably claim that they start their debate post factum: Mrs Darling is already pregnant when they ask themselves whether they are going ”to keep it?”. Their answer is “yes”, they will ”keep it” and Wendy will be born, but for me, a Polish woman living in a country where abortion is almost totally banned, the most important things happen in the discussion the Darlings have after asking their question. They simply start counting what they can eliminate from their everyday expenses. When the accountancy is done, they finally decide that ”they will keep it” and the story goes further.

This introduction to the Victorian fairy tale is usually skipped in contemporary illustrated versions of the tale, which in my

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opinion is a symptom of alienation from the economic reality. The feminist movement should not forget about the reality.

In this text, I will try to outline the economic results of anti-abortion law as part of a wider “anti-abortion governmentality,” and – although I find ethical approaches to abortion very important, I will not refer to them in this article. I will not speak about ”the choice,” either. In the field of social theory, individual agency is an important factor, but all too often we forget about other layers of social life: about law, economy, customs and the media – to give just a few examples. I will therefore refer to Foucault, as the one who theorizes the production of “the social” and the author of the notion of ”governmentality,” which describes a more general process of integrating the common principles in the shaping of appropriate attitudes and rejecting the wrong ones.

I think that the doubtful quality of what is usually named ”the abortion compromise” in Poland consists in the fact that in the debate on abortion the material and economical categories were swept away by a set of solely religious and ethical arguments. It has to do with an exclusion of what is considered ”female” (the bodily, everyday, material) for the sake of what is culturally produced as ”the masculine” (the spiritual, ethical and moral).

In the current debates in Poland, women are deprived of a vocabulary which could be realistic, materialistic and connected to the lives they experience. I am rather sceptical about medical categories some women organizations apply to speak about abortion, and I would not fully embrace the solely liberal, choice-based narrative of certain other groups. My perspective can also be characterised as partial and reductionist, as I focus on the economic

dimension of the abortion ban in Poland, which has not been examined either by the feminist groups or theorists. I consider the ban on abortion an important factor of the social stratification which builds and supports the economic inequalities and impoverishes women in particular. I will refer to Foucault, but always stressing the economy as a field on which an important part of the anti-abortion discourse is operating, which might not seem obvious to these Foucauldian thinkers who understand discourse merely as ”the spoken”.

If we try to reverse the typical way of perceiving the ban on abortion in Poland, we can see that our society is not divided into those, who are ’”for” and those who are ”against” abortion. The division lies between women who can afford it, or can get help from friends or relatives to pay for it, and women who are not in such a comfortable position. In the second group, we can also see women who try to end their pregnancy without sufficient means, which often results in serious injuries or even deaths. There is, however, another group of women who do not terminate their unwanted pregnancies and give birth to unplanned children, which certainly worsens their own economic status and increases the poorest group in society. These women might feel guilt for the poverty their pregnancy brings to the family, which affects adversely the quality of their lives and adds to the other bad consequences of the anti-abortion law.

Being ”for” or ”against” abortion does not make much sense from this perspective. Abortion is not something to be ”for” or ”against”. From economic and social perspectives, abortion is one of the determining factors in the process of social division and an instrument of power relations. It is about having or not having ac-

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cess to those who can afford being ”for” or ”against”.

There are no studies about the economic accessibility of abortion in Poland. Almost every year we have at least one nation-wide survey about what people THINK about abortion, and we usually learn that approximately 50% of the population would make the laws about it less restrictive. But – since there are about 200,000 abortions performed in Poland – the ethical question is less important for women actually having an abortion than the economic problem of finding the equivalent of Polish average monthly salary to pay to a doctor who would perform the operation illegally.

The average salary in Poland is about 3,000 PLN (1,000 $ ) per month. This is not the amount most Polish people actually earn monthly; on the contrary – the majority of the population earn less than that. The fee for illegal abortion varies between 2,000 and 4,000 PLN. The service is broadly advertised in almost every newspaper in the country. If we try to find out how many women would actually have access to abortion, we can see that some 40-60% of the population are excluded from having access to it, since their incomes and/or social situation would make it hard to obtain/borrow the amount necessary to pay for the operation. These are women with low or no income, who usually already have a family with children.

Most of them live in poverty and after giving birth to another child they are pushed into even deeper poverty, thus increasing the poorest section of the population. We should not think only about the woman and her newly born child, but also about other children, her partner and possibly other members of the household. Their income per capita drops sharply. Pover-

ty is often followed by violence, crime, and social discrimination. Domestic violence often begins or is reinforced by sudden impoverishment. Some women’s NGOs in Poland discovered this connection after large layoffs in industrial cities like Gdansk or Katowice, although domestic violence is never fully explained by the economic status. Why not look at the situation of the family where an unplanned child brings not only the joys of motherhood and love, but also financial crisis in the household?

If we think about the ban on abortion from economic perspective, we discover that speaking about ”choice” can actually be as misleading as speaking about the ”morality” of it. If we focus on the personal experience of a pregnant woman willing to terminate her pregnancy, we will see that neither “choice” nor “morality” are her first concerns. First of all, she is concerned with her own body: changing and reshaping, and her new sense of self.

There is also the strong feeling of responsibility for the new life, strengthened by the ”pro-life” narrative which equates a fetus with a child. There is also her whole life – a life of a woman, her plans, projects, wishes and desires, which is questioned by an unwanted pregnancy. There are relations with others: her partner, family and parents, but also the relation with the state which, in the case of Poland, is the relation of someone who is considering participating in a crime (under the Polish penal code women are not liable to penalty; it is only the doctor performing abortion who commits a crime, and the woman might be accused of participating in a crime). Anyone who ever crossed the legality line knows what it means.

Let me refer to the experience of Angela Davis. In one of her conference

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presentations, she directly mentions the strange feeling she used to have that ”the law were going to get me.”1 Breaking the law is something that makes most women feel uncomfortable. Gender socialization is at work here, and strengthens the fears and doubts of women who would actually perform abortion. The life comfort of these women is at stake here and in many cases that is much more important than the ethical doubts women might have toward abortion itself.

Women who have had an abortion often suffer from doubts about their morality and social conduct. Their pain has become stronger with the strengthening of the ”pro-life” discourse in Poland. It is astonishing, however, how fast and how far the change has gone. Some thirty years ago every second or third woman had an abortion. At that time, no one seriously considered the “unborn life” to be worth legal protection. Now it is entirely different. The notion of child is applied to fetus without any hesitation. The guilt many women feel about their unlawful behaviour and the killing of something they do not consider a child, but many people do, should also be taken into account as the cost of anti-abortion law.

There are other costs, too. Some women face serious health problems after abortions performed in bad conditions or without proper assistance by specialized medical staff. Some women die. We do not have the relevant statistics, but even if the number of deaths is low, the problem is still serious as these are definitely the most dramatic consequences of the anti-abortion legislation in Poland.

Another topic that should be taken into account is the limited availability of contraceptives that together with the ban on abortion create conditions in which

Polish women may or may not enjoy their right to decide freely on the number and spacing of their children. Contraceptives should be available and cheap, which is not the case in Poland. Contraceptives are not subsidized (while two equivalents of Viagra are) and their prices are too high for many women. The ”day-after” pill is legal but very difficult to buy. In order to buy it, you need a prescription, so you have to visit a doctor, which makes it two or three times more expensive ( 150 + 70 equals 220 zlotys – about 80 $). Moreover, finding a doctor who would give a prescription for this medicament is not so easy, since for some of them the ”day-after” pill is just the same thing as abortion.

And even those few lucky women who find a doctor and can afford to pay for the prescription and for the pill, still may face problems, as there are pharmacies whose owners deliberately do not sell the ”dayafter pill.” (The author of these words was once literally thrown out of a pharmacy after asking about this pill).

Sexual education practically does not exist in Polish schools, but nearly all children attend religious instruction, during which they are shown the movie called Silent Scream, presented as ”documentary,” in which the fetus in the latest stages of pregnancy is presented as being 6-12 weeks old. The images imprinted in the minds of practically all young people in Poland have a very strong influence, not only on the way they perceive abortion, but also on how they perceive and judge women who decide to terminate their pregnancy.

Another consequence of religious indoctrination and the lack of sexual education is that girls and women are not supported in their demands for reproductive rights by men. Some 30% women in Po-

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land declare that their partners do not like to use condoms, which means that in most cases the responsibility and the costs of contraceptives becomes another aspect of ”the woman’s work” (which is never done, as Tracy Chapman nicely puts it in one of her songs).

The production of “the social” in the country where abortion is illegal, is additionally influenced by the cases of women who demand legal abortion and who are not only denied it, but also accused of being “murderers of children.” The two best known cases of this kind of oppression are: Alicja Tysiąc, the woman who won her case in the Human Rights Court in Strasbourg (the pregnancy was endangering her health) and ”Agata” (this is a mediagiven name) – a 14 years old girl who demanded abortion after being raped. Both women were attacked by the right-wing, ultra-Catholic media as morally despicable and sinful. Both cases definitely make other women reluctant to think of abortion, even in cases when they could legally claim access to it: in the case of rape, a danger to life or health of the woman, or in the case of incurable health damage to the foetus, abortion is theoretically legal in Poland.

With the anti-abortion law and practices the poorest get even poorer, mostly women. The noisy anti-abortion discourse has added shame, guilt and pain to this difficult experience. If we look at the ban on abortion as an important element of governmentality, we may understand what Foucault meant by discourse – it is not only “the spoken,” but a set of micro-practices that create an image of social reproduction.

The book titled Contemporary Women’s Hell provides the shortest possible description of the consequences of the

ban on abortion in Poland. It contains the biographies of women who have had an abortion, legally or illegally. The stories are extremely touching. When they are read out loud in public during annual public readings, they arouse strong emotions in the audience. After hearing them and reading more stories described by a feminist author and journalist Kazimiera Szczuka in her book Silence of the Lambs, one has the impression that nothing has changed since the times before the Second World War, when Wilhelm Reich in Germany, and Irena Krzywicka and Tadeusz Boy-Żeleński in Poland, were fighting against the anti-abortion nonsense.

A question we can and should ask today is what happened with all 1,500,000 signatures put by Polish people under an appeal for a pro-choice law at the beginning of the 1990s? Are there still people in Poland who would support a more democratic and more secular law? Is there any way to skip the ”for abortion”/”against abortion” dispute and focus on making the choice free? Shouldn’t we focus on the economic and material consequences of the current anti-abortion law and on effects of the oppressive discourse of religious fundamentalists?! If the currently existing law on abortion is a ”compromise”, as it is commonly referred to by Polish politicians, it is a compromise to make the poorest even poorer, with a special emphasis on women, and not a compromise on abortion. The effect of generating poverty, which is a particularly important consequence of the ban on abortion, and it strongly exacerbates the oppression women face because of pro-life discourse. Both provide us with the tools to understand the anti-abortion governmentality based on the production of poverty-stricken outlaws.

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Małgorzata Tarasiewicz

In June 2009, Poland celebrated 20 years of independence from the communist regime. The democratic changes have given the Poles lots of new opportunities and changed the perception of many well established social, political and cultural paradigms. But one thing remains particularly resistant to change, namely the stereotypes concerning women’s social roles and the creation of new possibilities for women to enter the area of public and political life.

As regards political participation, sexists prejudices govern political parties, the media and decision making bodies. There is no encouragement to increase women’s participation in public life and no encouragement to take over leadership roles and positions. As a result, in 2009 women account for 20 only percent of Sejm (lower chamber of Polish Parliament) members and for mere 8 percent of Senate (upper chamber of Polish Parliament) members.

In the lower chamber, out of 460 seats, only 93 are taken by women (19.7%) – 5% less than after the previous election. The situation in the upper chamber is similar – out of one hundred seats only 9 belong to women. (Half the number of seats that women had after previous elections).

Polish women break the glass ceiling

The Civic Platform, the winning party in the 2007 parliamentary election in Poland, made a lot of promises to Polish people. They undertook to lower taxes, abolish red tape barriers for business and speed up economic growth. They did not promise anything in particular to women, but many women voted for the party of Donald Tusk. To be more precise, they voted not so much for Tusk, as against the infamous Kaczynski “twins”.

As a result, according to Magdalena Środa, a feminist and a former Plenipotentiary for Equal Status of Women and Men, today’s’ Poland is governed by the “most anti-women and anti-feminist party­, characterized by a complete lack of sensitiveness to gender issues, even amongst its women members. (…) They would do anything not to be suspected of feminism” – said Środa.

In the new government, women play a much less important role than before. Julia Pitera, one of the leading figures of the ruling Civic Platform says that there is “nothing strange in the fact that men lead the most important ministries because they are better fit for such positions.” According to Pitera, “the reason for that is a difference between women’s and men’s brains”. Out of 209 new deputies of Civic Platform, only

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46 are women. The reason for that can be the fact that there were few women leading the voting lists of the Civic Platform in the last elections – just 5 women on 41 lists.

Women’s groups asked the Prime Minister several times to appoint the Plenipotentiary for Equal Status for Women and Men and to meet them to discuss women’s rights. Instead, at one of the first sessions of the Parliament, the ruling party put forward a motion to liquidate the Parliamentary Committee for Family and Women’s Rights. According to the ruling party, there was not enough room in the parliamentary building to keep the Committee. Stefan Niesiołowski, the Deputy Speaker of the Parliament and an influential Civic Platform politician said: “Members of Parliament do not have time for nonsense and fictitious problems”.

Because of the strong pressure from the women’s groups who went to Brussels to meet Commissioner Vladimir Spidla and discuss with him the lack of equality institutions in Poland (which is required by the European Union directives), Elżbieta Radziszewska was appointed the new Plenipotentiary for Equal Opportunities. Unfortunately, the new Plenipotentiary very soon expressed her lack of interest in women’s issues and added that she was against gender parity. She said, “I’m against fixed parities. We should educate women and promote women, so that they start to believe in themselves and that men start to believe in them. The effect will be more lasting and there will be no nasty surprises like in France or Slovenia, where election list parity is law and yet fewer women get elected than in Poland.”

At the same time, there are many burning issues influencing women’s lives.

Abortion remains illegal in Poland, and Civic Platform government certainly is not going to change this. Right before being sworn in, the future government partic-

ipated in a holy mass which was a clear sign to the public that the Catholic Church will remain important partner of the new government. Civic Platform’s electoral slogan was “For a better living. For Everyone!” With time, it has become more and more clear that that they did not mean everyone. Certainly not for women.

As regards gender based discrimination, Poland still has many steps to take to improve the situation. The country is still facing the problem of the so called ‘’glass ceiling’’ in Polish public life and labour market where women continue to occupy lower positions and earn less than men.

Anyway, thanks to the gradual processes initiated by political and economic transition, Polish membership in the EU and activism of Polish women organizations, a new kind of women has emerged under changing economic conditions; women with managerial and political skills, capable of taking leadership positions, making decisions and competing with male colleagues on an equal footing.

The experience of many countries show that the actions taken in favour of women are most effective, if there exists a cooperation between politicians and women’s NGOs. Such cooperation has been initiated in several regions in Poland. In Pomerania1, for example, a group consisting of women MPs, NGO activists and scholars has been set up. Thanks to the initiative of the group, a regional Plenipotentiary for Equal Opportunities has been appointed by the local government.

At the national level, recent developments have been more promising too.

After the so called Women’s Congress, which took place in June 2009, the issue of gender parity has again made its Pomerania (German: Pommern, Polish: Pomorze, Latin: Pomerania or Pomorania) is a historical region on the south shore of the Baltic Sea. The author

1

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way to the mainstream political debate.

At present, several NGOs collect signatures under a “Bill on Parity” they are going to submit to the Parliament. “Until recently, women have been excluded from politics, which has been considered an activity proper only for men. Finnish feminists have calculated that it would take 90 years for this exclusion to disappear naturally. Gender parity is intended to accelerate this process”, said Magdalena Środa, the co-organizer of the Congress.

In addition to that, there is a gradual shift in Polish society regarding women’s position in public life. Recently, the results of an opinion poll on women’s participation in politics in Poland have shown that as many as 70 percent of women and 52 percent of men favour gender parity in parties’ election lists. Interestingly, support for parity is higher among respondents with primary and vocational education (72 and 63 percent respectively) than among those with secondary or tertiary education (59 and 42 percent). The idea is supported by more people in rural areas (64 percent of respondents in favour) than in the cities (57 percent).

This last figure is not surprising, as in Poland, there are more women than men in local structures of power. In many places, rural inhabitants have had many opportunities to observe that women can do very well when elected to local authorities. Hence, they are more eager to support women in politics.

Some decisions have already been made. Minister of Science, Barbara Kudrycka, has already pledged to introduce parity in academic bodies, including the State Accreditation Committee and the Central Committee for Academic Degrees and Titles. Initially, 10 percent of seats will be guaranteed for women, to then rise to 30 percent. The Minister got in touch with the Network of East-West Women (NEWW) to

learn more about the results of the gender budgeting in science.2 The idea of parity, however, remains controversial, and not only among men.

For example, fifteen women journalists and scholars published an open letter that reads, “We oppose the introduction of 50-percent gender parity in parliament, government, science. Instead of promoting women, such a regulation would suggest that women are not talented and entrepreneurial enough to achieve success on their own, without outside support.”

Polish prime minister Donald Tusk also spoke on the issue. Commenting on the results of Gazeta Wyborcza’s presidential preferences poll showing him getting defeated in the second round by ex-first wife Jolanta Kwaśniewska, he said, “In the face of these results, we cannot ignore signals that women in Poland no longer want to play a passive role. Women’s presence in public life, in politics, has to increase.”

Since May 2004, when Poland became a member of the European Union, there has been some progress in the field of gender equality, trafficking in women and gender discrimination in the workplace but still a lot needs to be done in many arenas, including equal representation of women and men in decision-making bodies. As it was declared in the European Women’s Lobby 50/50 campaign on parity in the EU, “Gender parity is not only a question of democracy, but it will also help in putting women’s rights issues on the political agenda”.

2 NEWW was involved in a project “Gender Budgeting as an Instrument for Managing Scientific Organisations to Promote Equal Opportunities for Women and Men – With the Example of Universities”, implemented in cooperation with Frauenakademie München, Sozialwissenschaftliches Institut München and Department of Economics of the Institute for Institutional and Heterodox Economics in Vienna.

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