domestic violence in algeria

Through detailed research into the activities of both radical and moderate organizations across the Middle East, such as the Muslim Brotherhood, Hamas and Hizbullah, and via interviews with key personnel, Katerina Dalacoura investigates ... The law also amended the penal code to criminalize domestic violence. In its judgment on October 24, 2009, the appeals court maintained the fine and added a prison sentence of two months. From large urban cities to rural towns, the peaceful movement mobilized Algerian citizens throughout the country. Uptick in domestic violence in Jordan and Lebanon. The UN Handbook for Legislation on Violence against Women recommends that domestic violence laws make clear that the responsibility for deciding whether to prosecute violence against women lies with prosecution authorities, not with survivors. [78] United Nations Human Rights Office of the High Commissioner, International Covenant on Civil and Political Rights, 1976, Algeria ratified in 1989. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx, (accessed March 20, 2015). Human Rights Watch also interviewed the director of the Center, and two workers at the shelter. Algeria has criminalized domestic violence against women under a legislation that would, among other things, safeguard married women's financial interests and create harsh punishments for men who attack women. When she told her father, he said, “Be patient with him, maybe he will change.”. Algeria is acceded to the ICESCR in 1989). She said that on October 27, 2014, her husband banged her head against a wall in their house in Algiers and beat her, injuring her right eye. In 15 of the 20 cases Human Rights Watch examined, the dismissive attitude of the police constituted an obstacle to filing complaints. [3] Violence envers les femmes en Algérie : enquête nationale de prévalence, Ministère Déléguée Chargée de la Famille et de la Condition Féminine, February 2007, cited in Ministère Déléguée Chargée de la Famille et de la Condition Féminine publication, Stratégie Nationale de Lutte contre la Violence à l'égard des Femmes, http://gbvaor.net/wp-content/uploads/2015/04/Strategie-Nationale-de-lutte-contre-la-violence-a-legard-des-femmes-Algeria.pdf, (accessed April 13, 2017). Following her visit to Algeria in 2006, the then-UN Special Rapporteur on violence against women recommended that Algeria “strengthen institutional infrastructure for the effective protection of women from violence,” including by “ensuring adequate resources to improve existing infrastructure supporting a wide range of vulnerable persons, and creating new centers that provide similar specialized integrated services to victims of gender-based violence.”. [71] Committee on the Elimination of Discrimination against Women, General Recommendation No. ALGERIA Domestic violence Domestic violence was criminalized by Law No. [126] Article 2 of the CEDAW obliges states parties to eliminate discrimination against women, by, among other things, adopt appropriate legislation and other measures, prohibiting all discrimination against women and changing laws that discriminate against women. ALGIERS, Algeria -- A new Algerian law came into effect this week punishing violence against women and sexual harassment, in a victory for feminist groups that had . CEDAW Committee, CEDAW/C/DZA/CC/2, (accessed January 12, 2017). Balsam, a network of NGOs working on domestic violence, listed in its 2013 report nine associations that have a counseling center, where women can obtain preliminary legal and psychological advice. Shelters visited: SOS femmes en détresse in Algiers. The Code of Criminal Procedures allows the judge to establish an offense using “any kind of evidence” that is produced in court and examined by all parties in the trial. Amira said that with help from a lawyer, she filed a complaint with the prosecutor’s office at the first instance court of Oran. [11] Human Rights Watch, letter to Algerian authorities, May 25, 2016. For the first time in Algeria, following the implementation of the 2015 law, violence within the family can be prosecuted under Articles 264 to 276 of the penal code, which prescribe penalties ranging from fines to imprisonment. That day, her husband slapped their eldest daughter on the face and ear during an argument. Human Rights Watch spoke with several survivors of domestic violence in these centers. The state-run shelters for women victims of violence are regulated by a decree, dating back to 2004, which specifies their mandate, organization, and regulation. [92] UN Office on Drugs and Crime (UNODC), “Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women,” 2014, https://www.unodc.org/documents/justice-and-prison-reform/Strengthening_Crime_Prevention_and_Criminal_Justice_Responses_to_Violence_against_Women.pdf, p. 39, (accessed June 2016). The COVID-19 pandemic has been daunting and disruptive in many ways. My older brother is forty years old, living in Algiers, very well educated, married, two young children. 16. Just two days earlier, on Jan. 24, Warda Hafedh, a 45-year-old mother of five, was murdered by her spouse. The same study showed that the perpetrators of domestic violence came from various social backgrounds. 16-01 of March 6, 2016 relating to the constitutional reform, http://www.joradp.dz/FTP/JO-FRANCAIS/2016/F2016014.pdf (accessed January 10, 2017). Violence prevents women from enjoying a host of other rights stipulated in other treaties ratified by Algeria. As such, it is grounds for taking disciplinary action against an employee. Without such measures, Algeria will continue to endanger the safety and lives . Algeria’s Legal Framework Compared to International Legal Obligations, added that the “state works to attain parity between women and men in the job market” and “encourages the promotion of women in positions of responsibility in public institutions and in businesses.”, the UN expert body that monitors implementation of CEDAW, in its, “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.”. The judge shall rule within five days on the nonpayment and then notify both parties, who have two days to appeal. [131] Article 64 of the family code, (accessed January 23, 2017). Gabby Petito's case is shedding light on just how important it is to handle domestic violence calls thoroughly. According to local media, President Tebboune called for the application of a "maximum sentence without the possibility of relief or pardon.". Found inside – Page 175party reports by Algeria, Egypt and Morocco Children fall victims to domestic violence, a phenomenon which is widely accepted in Algeria.158 The government ... [7] The Department of Economic and Social Affairs of the United Nations Secretariat, Statistics Division, “Guidelines for Producing Statistics on Violence against Women— Statistical Surveys,” ST/ESA/STAT/SER.F/110 (2014), http://unstats.un.org/unsd/gender/docs/Guidelines_Statistics_VAW.pdf, (accessed January 15, 2017). Nearly 40 percent of all murders of women worldwide are carried out by an intimate partner, according to the World Health Organization. In all these centers, women are usually allowed to stay for several months, together with their children. This law made assaulting a spouse punishable by up to 20 years in prison for injuries and a life sentence for injuries resulting in death (Article 266 bis). Under the Algerian Code of Criminal Procedures, the judicial police, under the supervision of the public prosecutor, is in charge of establishing violations of the penal code, gathering evidence and identifying the culprits, until the decision to open an investigation into the case is made by the prosecutor or the investigative judge. Almost half (47.5%) of American Indian/Alaska Native women, 45.1% of non-Hispanic Black women, 37.3% of non-Hispanic White women, 34.4% of Hispanic women, and 18.3% of Asian-Pacific Islander women experience contact sexual violence, physical violence, and/or stalking by an intimate partner in . [60] Article 2 of Law no.15-19 of 30 December 2015 Modifying and Completing Ordinance no.66-156 of 8 June 1966 on the penal code, available at http://www.joradp.dz/FTP/JO-FRANCAIS/2015/F2015071.pdf, (accessed February 10, 2017). Domestic violence/Intimate partner violence, Domestic violence/Intimate partner violence, Sexual harassment, Sexual violence, Algeria This number went up to 14% in a 2013 study conducted by the Balsam network, a national network of listening centers for women victims of violence. It describes how brain injury is often “not understood as the outcome of repeated blows to the head or strangulation attempts depriving the victim of oxygen during a violent attack by a domestic partner. It also called for the creation of new mechanisms for the registration of complaints by women. [73] Committee on the Elimination of Discrimination against Women, General Recommendation No. 3 of the International Covenant on Economic, Social, and Cultural Rights), UN Doc E/C.12/2005/4 (August 11, 2005), para. [98] Human Rights Watch interview with Manal (pseudonym), Algiers, April 3, 2016. Dealing with domestic violence during COVID-19. However, another way of dealing with . Police inaction, insufficient shelter space, and ineffective investigation and prosecution often leave domestic violence survivors in Algeria at risk of furt. 19, Violence against Women, (Eleventh session, 1992), Compilation of General Recommendations and General Comments adopted (http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19 (accessed on January 5, 2017); and CEDAW Committee, General Recommendation No. The relevant authorities are then to implement the decision and send the maintenance payment through bank or postal transfer to the beneficiary within 25 days. The law also amended the penal code to criminalize domestic violence. 05-02 of February 27, 2005 modifying and completing Law no. "Violence against women is a pervasive problem in Algeria. She used to work as a cleaner in a bank. This may include medical/forensic evidence, victim statements, photographic evidence, expert witnesses, physical evidence such as torn clothing and damaged property, and cell phone records, emergency call recordings, and other communications. 19, 1992, http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm, (accessed February 2, 2016). [48] Human Rights Watch interview with Mariem (pseudonym), Blida, April 5, 2016. This assessment is not designed to be used as evidence of the existence of . the wife can separate from her spouse without his agreement, for the payment of an amount of money, (accessed January 23, 2017). Such protective measures are not found elsewhere in Algerian legislation. CEDAW Committee, CEDAW/C/DZA/CC/2, (accessed January 12, 2017). The appeals court ended up overturning the prison sentence against her husband. strengthened penalties for sexual harassment. Found insideThere is a danger that both groups will be manipulated by different political parties,18 and also that the issue of domestic violence (discussed in section ... One said that when Salwa arrived: “Her clothes were stained with blood, she had bruises all over her body.” The other recalled: “Her breasts were mutilated, disfigured.” They brought a doctor, and for a week there was a nurse coming to change her bandages, according to the two women working at the shelter. 85-05 of February 16, 1985 on the protection and promotion of health, http://www.oit.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_125826.pdf, (accessed on February 22, 2017). As there is no budget explicitly devoted to dealing with gender-based violence, the viability and accessibility of shelters and accommodation centers for women victims of violence remain a major challenge. The great majority of them were located in peasant provinces. Algeria’s Law no. (Beirut) - Police inaction, insufficient shelter space, and ineffective investigation and prosecution often leave domestic violence survivors in Algeria at risk of further mistreatment despite a new law criminalizing spousal abuse, Human Rights Watch said in a report released today.. It also allowed for the possibility that courts could award women guardianship of her children, giving her decision-making power over their children’s education. In order to properly understand current incidents of mob violence against women in Algeria, we must first look at the historical construction of this society (Holt, 2003). Several UN bodies including UN Women, the UN General Assembly, CEDAW, and the UN Committee on Economic, Social and Cultural Rights (CESCR), have called on states parties to assist and protect domestic violence survivors, including by ensuring that they have timely access to shelter, health services, legal advice, hotlines, and other forms of support. (accessed on January 5, 2017); and the UN Handbook for Legislation on Violence against Women, section 3.10.3, (accessed January 13, 2017). Life in prison if the beatings resulted in death,” (accessed January 13, 2017). She could not. The strategy also recommended that authorities adopt a protocol for forensic doctors on documenting domestic violence. That court sentenced her husband to one year in prison. Significantly, the amended code provided that when the court has determined that children should live with their mother after divorce, the father is required to provide a decent dwelling to the mother and the children or, alternatively, to provide adequate financial support. It touches all social classes and all regions, except in the extreme south where the Tuaregs banish men who rape women," said Belala, This lack of guidance leaves doctors with wide discretion and potentially arbitrary influence over sentencing in criminal cases. Stipulates appropriate levels of due process for both types of orders, taking into account the nature of emergency orders and the limited amount of evidence that is likely to be available. remained in violent relationships in part because of their reliance on their husbands or their families for food and shelter. Algeria | 2009. They took her to another NGO-run shelter, Dar al-Insania [humanity house]. I didn’t want to lose my kids and break the family ties.”. In her 2011 report following a mission to Algeria, the United Nations Special Rapporteur on violence against women, its causes and consequences, referred to a General Directorate for National Security report, which recorded 6,748 cases of violence against women from January to September 2011. Rasna Warah is a Kenyan writer and journalist who is working with the ONE Campaign's COVID-19 Aftershocks project. It assigns a key, though indirect, role to forensic doctors in determining sentences, by virtue of the medical reports they write indicating the number of days of incapacitation. Gather statistical data at regular intervals on the causes, consequences, and frequency of all forms of violence against women. Once the renovations are complete, the Shelter will be able to house about 58 people to address a spike in domestic violence in the community. Over 40% of married women in Kenya have reported being victims of either domestic violence or sexual abuse. means that women who become pregnant as a result of marital rape can be forced into having unwanted pregnancies. At its core, abuse is mistreatment. Ensure that the police response to domestic violence respects a survivor-centered approach that empowers the survivor, refrains from victim-blaming or stigmatization, and prioritizes the survivor's safety, health, and wellbeing over family unity. In the case of divorce and child custody for example, priority is given to the mother, but if she . Between March 23 and 27 a hotline set up for domestic violence witnessed a hike in reported abuse of women. [109] EndVAWNow, “Content of post-hearing orders for protection,” last edited February 2, 2014, http://www.endvawnow.org/en/articles/414-content-of-post-hearing-orders-for-protection.html?next=415, (accessed on January 5, 2017); and the UN Handbook for Legislation on Violence against Women, section 3.10.3, (accessed January 13, 2017). 1763 N St. NW, Washington D.C. 20036. The project is nearing completion, and the establishment is currently being equipped.”, The report states that in 2011, 15,280 women and girls went through the center and received psychological, legal, and social assistance. Provisions on assault and psychological or economic violence do not apply to an individual in intimate non-marital relationships or to family members or members of the same household. Found inside – Page 28In addition to inherent gender discrimination, Algeria has a major problem with domestic violence and trafficking. In 2008, women held only 30 of 389 seats ... Hassiba went to a neighbor and asked her to call her father. The law also safeguards the financial interests of married women and introduces the concept of harassment. Ten to twenty years in prison if the beating resulted in a mutilation, amputation, deprivation of the use of a limb, blindness, loss of an eye or other permanent disability. She stopped her studies and at 16 married a man she loved. Law no. Human Rights Watch received contrasting information about the judicial system’s handling of evidence in domestic violence cases. She said she grew up in a poor family and got married at 26 years old, in 2005, to a man she loved. Found insideThere is a danger that both groups will be manipulated by different political parties,18 and also that the issue of domestic violence (discussed in section ... It also stressed the need to develop, in a participatory process, a standard protocol outlining the manner in which various state institutions should receive, listen to, support, and orient victims of gender-based violence and the manner in which female officers should be trained to handle such violence. The law criminalizes other forms of domestic violence, including psychological and some economic violence. If I go to the police, they could even put me in prison.”, The UN Committee on Discrimination against Women, which oversees the implementation of the CEDAW, to which Algeria is a state party, states that “[t]raditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse.”. These services are nearly all provided by nongovernmental organizations (NGOs), most of which receive no state support. 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