Drafting the Legislative Preamble

The legislative preamble sets the stage for the entire piece of legislation. It should include basic principles of women’s human rights, which are described in the international human rights instruments, declarations and regional instruments above.

Contents of Legislative Preamble

A legislative preamble to a law on dowry-related violence should:

• Define discrimination against women and girls as a restriction based upon sex which impairs the rights of women and girls. (See: United Nations Handbook for legislation on violence against women, 3.1.1 (hereinafter UN Handbook))

• State that the legislation should be comprehensive and criminalize all forms of violence against women. (See: UN Handbook, 3.1.2)

• State that there may be no customary or religious justifications for dowry-related violence. (See: UN Handbook, 3.1.5; and the Report of the Special Rapporteur on violence against women, its causes and consequences, a framework for model legislation on domestic violence, 1996, E/CN.4/1996/53/Add.2, (hereinafter the UN Model Framework,)  para.8)

• State that the law will protect all women and girls. (See: UN Handbook 3.1.3)

For example, one of the first articles of the Maria de Penha Law (2006) of Brazil (hereinafter law of Brazil) states that:

“ All women, regardless of class, race, ethnicity, sexual orientation, income, culture, educational level, age and religion, enjoy the basic rights inherent to the human person, and are ensured the opportunities and facilities to live without violence, preserve their physical and mental health and their moral, intellectual and social improvement.” (Article 2)

• State that the root cause of violence is the subordinate status of women and girls in society. (See: General Recommendation 19, Article 11; UN Secretary-General’s study on violence against women, para. 30; Other Causes and Complicating Factors, StopVAW, The Advocates for Human Rights; and The International Legal Framework, StopVAW, The Advocates for Human Rights)

• State the principles of the legislation are to ensure the safety of the complainant/survivor and to provide accountability for the perpetrator(s). (See: Drafting Domestic Violence Laws, StopVAW, The Advocates for Human Rights; and United Nations Model Legislation, StopVAW, The Advocates for Human Rights)

• Acknowledge the prevalence of dowry-related violence and deaths and recognize these offenses as violence against women.