Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149, 63/168, 65/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

State agency to establish aid centres

Last edited: January 05, 2011

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  • Legislation should mandate that a state agency to establish aid centres and should provide for the funding of the services.

Example: The Law of Georgia on Elimination of Domestic Violence, Protection of and Support to Its Victims states that the Ministry of Labour, Healthcare and Social Protection shall determine minimal standards for temporary shelters for victims and batterer intervention centres.

Example: in Article 6, the Law of Albania describes the responsibilities of the Ministry of Labour, Social Affairs and Equal Opportunities as follows:

1. The lead responsible authority has the following duties:

a. To develop and implement national strategies and programmes to offer protection and care to the victims of domestic violence;

b. To finance and co-finance projects designed for the protection and consolidation of family and for the care of victims of domestic violence;

c. To assist the set up of support structures and all of the necessary infrastructure to support and fulfill all the needs of the persons subject to domestic violence, including financial assistance as well as social and health services pursuant to the law;

ç. To organise training sessions on domestic violence with social service employees at any local government unit, police structures and employees of NPOs licensed to offer social services;

d. To maintain statistical data on the level of domestic violence;

dh. To support and supervise the set up of rehabilitation centres for domestic violence victims;

e. To support and supervise the set up of rehabilitation centres for the perpetrators of domestic

violence;

ë. To license NPOs that will provide social services to victims and perpetrators.

 

  • Legislation should require thta accreditation standards for assistance centres be developed in consultation with NGOs and advocates who work directly with complainants/ survivors.

Example: The Bundesgesetz zum Schutz vor Gewalt in der Familie (1997) of Austria (hereinafter Law of Austria), provies that intervention centres are established and financed by government Ministry but run by women’s non-governmental organizations. These organizations have the depth of knowledge and experience required to provide sensitive and comprehensive support to complainants/survivors and their dependents.

(See: UN Model Framework, Section VII B)