“Stronger legal definitions are needed to combat violence against women”
It is Orange the World week, a global campaign focused on combating violence against women and girls. But to truly make a difference, cultural change is not enough says Bregje Dijksterhuis, assistant professor in family law.
Until December 10 buildings around the world are lit up in orange. This year, the bridge on Roeterseiland too, is illuminated with a neon-orange garland. During Orange the World, an annual UN Women campaign, attention is drawn to the persistent violence against girls and women. And although femicide has recently gained more visibility on the public agenda, figures from Statistics Netherlands (CBS) show that the number of women in the Netherlands killed by a partner or ex-partner has not decreased over the past fifteen years.
Do you encounter violence against women often in family law?
“Yes, for example in divorce cases, where partner violence may be present. In some situations, the violence occurs during the marriage and continues after the separation, but it can also first arise during the divorce process. Then, in family law, you are confronted with questions such as: what role does this violence play in the custody and contact arrangements for the children? These are the kinds of questions you must answer as a legal professional.”
And in the most severe cases, this violence can culminate in femicide.
“Indeed. The Istanbul ConventionThis convention was signed in 2011 to protect women from violence. defines four forms of violence: physical, sexual, psychological and economic violence. Sometimes there is a progression from one form to another, and ultimately this can end in femicide. That is the most extreme form of violence there is. These are, of course, also the cases that make the news. In the past, such cases were sometimes referred to as family tragedies, as though they were something that simply happened. Nowadays, we speak of femicide.”
Are femicide and violence against women not primarily cultural problems, or is the greatest progress to be made in the law?
“It is certainly important to look at the role of the law. The Netherlands has signed the Istanbul Convention, but has not implemented it into national legislation. For example, we can currently deny custody and contact arrangements in the interest of the child, but our law contains no separate category for parents who commit violence against their ex-partner. According to the convention, that is a factor that must be taken into account.”
“At the same time, we in the Netherlands believe that both parents should bear equal parental responsibility. In recent years, the position of fathers in child-rearing and care has therefore been significantly strengthened, because we believe children have a right to that. But in cases involving violence, the reality is that men commit it against women more often than the other way around. So you must weigh these two factors against each other.”
Are there more shortcomings in the law as it currently stands that could be addressed to combat violence against women more effectively?
“One very important point is that disputes are now viewed as a fight between partners. Yet when one partner commits violence against the other, there is no equal fight. There is simply a perpetrator and a victim. In legal proceedings, people do not always dare to name the violence, because they fear they will also be seen as a fighting party, and that their children will be placed in care.”
If the law currently encourages such caution, doesn’t that call for different wording?
“I do indeed think it would be beneficial to implement clearer definitions in family law. Take those four forms of violence I mentioned earlier. If we establish very clear definitions for them, we could incorporate them into family law, but also, for example, into the provisions of marriage. One aspect of marital duties could then be a promise to refrain from any form of violence, including psychological or economic violence. If someone then fails to adhere to that, there could be real legal consequences after divorce.”
In the United Kingdom, there is Clare’s Law: a law that allows the police to warn women whose partner has a history of abuse more quickly and easily, even bypassing privacy legislation. Is something like that missing in the Netherlands?
“That is indeed a very important point. Privacy legislation can sometimes be a real problem in the Netherlands. Family judges are very cautious about collecting and sharing that kind of information. For example, someone might have been convicted of violence in a criminal case, but the partner is unaware and therefore at risk. If you can break down some of those barriers and work around this problem to ensure safety, you can make real progress.”
So far, we’ve talked a lot about partner violence within marriage, but sexual violence also affects many (unmarried) young women. For example during their student years, and often outside of a relationship. What can be done to better protect them?
“It is indeed important that all of this is not only applicable to married couples. There are, of course, many young people who cohabit without being married. Moreover, I think it all starts with awareness and attention to the issue. Sexual and physical violence are already criminalised, but with stalking, gaslighting, or manipulation, one can question what exactly counts as violence. That is why clear definitions are so important. What one person sees as a normal part of student life may indeed constitute violence for another. Sexual violence without consent is already explicitly criminalised, but for other forms of violence, we also need a clear legal standard.”
