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SUB-THEME 1:
CONFRONTING DOMESTIC VIOLENCE
AND ITS CONSEQUENCE


Rapporteur: Ms Maryse JASPARD (France)

"We are exploited as sex objects, child-raisers,
drudges and cheap labour."
(Manifesto of the New York Red Stockings, 1969)



                I am speaking here as a university researcher responsible for the first nationwide quantitative survey carried out in France - on a random sample representative of the population as a whole[1] - on violence against women.  My work as part of a multidisciplinary research team has led me to think in overall terms about ways of perceiving the phenomenon of violence against women and its consequences.  I am going to try to share with you an approach suggesting lines of enquiry rather than universal recipes, let alone results, even if certain points, mostly concerning methods, are made clearer.

                Just a word about how much progress our survey has made: we are at the pilot stage, a telephone survey[2] on the basis of a 60-page closed questionnaire[3] sent out to 400 women; an initial head-to-head interview with 250 women has shown that the survey is acceptable and that women are interested in the subject.

I.             How can violence against women be defined?

                Before any subject can be discussed it must be defined.  Today’s subject is domestic violence.  We must therefore define, as far as possible, both the terms "violence" and "domestic", and determine how they interact.  The violence we are trying to define here is not a conflict, in which there is interaction between two or more persons, as in many domestic scenes.  We see violence as part of a process of gaining ascendancy over another person; it is based on a relationship of power or domination between two or more persons.  Violence stems from a person’s desire to impose their will on the other person, to dominate that person by means of humiliation or degradation. The other person is harassed until he or she capitulates and submits.  By forging the principle of male domination and female inferiority, patriarchal societies have engendered a specific type of violence against women.  A society based on a system of values linking maleness with virility, ie physical and mental strength, toughness, impassiveness or vigour, while femaleness suggests fragility, gentleness, reserve, sentimentality and intuition, inevitably produces violence against women.  It is logical that boys brought up according to these precepts should hold the "weaker" sex in contempt, once they become adults, and act as dominant or even violent males against young women ready to sacrifice their independence and their freedom on the altar of love.  Although this type of patriarchal society is currently in decline, at least legally speaking, less pronounced forms of this model still exist; European mentalities are still steeped in this set of attitudes.  Moreover, transitions from one state to another always engender tensions, and the adjustment to new ways of life or the formation of new social relationships between the sexes takes place at different rates in different social groups.  

While violence is present in all social environments, its specific form varies.  The type of violent act perpetrated is linked to cultural factors which, above and beyond any hierarchical relationship between the sexes, reflect standards ingrained in individuals and linked, for example, to their relationship with their bodies or with language.  The stigma which is attached to acts of violence depends on the extent to which they deviate from the rules in force in the particular social group.  That does not mean to say that violent acts should be approved because they are a component of traditional culture - as is the case, for example, of genital mutilation or arranged marriages.  References to tradition should not lend any legitimacy to practices considered as criminal offences under international law.  In the light of this, the following definition, taken from the document produced by the Council of Europe's Group of Specialists for Combating Violence against Women, seems very complete: violent acts include “any act or emotional conduct by means of which physical, sexual or mental suffering is inflicted, directly or indirectly, through deceit, seduction, threat, coercion or any other means, on any woman with the purpose or effect of intimidating, punishing or humiliating her or of maintaining her in sex-stereotyped roles or of denying her human dignity, sexual self-determination, physical, mental and moral integrity or of undermining the security of her person, her self-respect or her personality, or of diminishing her physical or mental capacities”[4].  This very broad definition reflects the specific nature of violence against women very well and can be applied regardless of country, culture or, more generally, social group. It also covers the whole spectrum of violence.  Violence may include physical brutality, sexual violence or psychological harassment, but also all that is connected with domination or abuse of power such as, for example, withholding civil status papers or income, or rape by seduction.  It is not possible to provide a full list of the types of psychological, economic, physical or sexual violence since their perpetrators are highly imaginative.  Some of the accounts given by female victims are full of cruelty and torture that defy understanding; victims can easily be accused of weakness or passiveness whereas, in reality they have demonstrated endurance (a virile quality!) in order in many cases to bear their suffering with dignity, with the sole aim - probably utopian and this is where work has to be done - of protecting their home, their children, to their own detriment, in the name of love.  They sacrifice themselves.  Is that not what has been ingrained in them: preserving others?  "Home-keeper", a mere "foil" serving to set off a man to advantage, "good mother", "good wife" - all stereotyped ideas and expressions which are not yet totally obsolete.  There is still a long way to go before sexual equality is achieved, especially since vulnerable, isolated and often economically dependent persons are easy targets for violence.

                It is sometimes difficult to categorise violence: on one hand, violence is often a continuum which includes all forms (insults, blows, sexual abuse), and on the other, the borderlines between the public and private spheres and the workplace are blurred; is violence inflicted in the workplace by someone who is close to the victim "violence at work" or "domestic violence"?  This is a question not to be overlooked when violence is being defined.

II.            Violence and women?

                I do not see any point in drawing up a list of types of violence.  That can be found in all publications.  I shall instead focus on certain specific aspects.  International approaches to violence against women deal only with male violence.  But we think that, although male violence is in the majority, we should not overlook violence perpetrated by women against themselves, against other women, against children and, albeit rarely, against men.  Some French feminist researchers have attempted to analyse female violence, particularly in one recent work by a number of female historians and anthropologists[5].  There is no doubt that female violence exists, mainly, but not only, in patriarchal societies, such as the North African families described by Camille Lacoste-Dujardin[6] where women, as "boys' mothers", exercise absolute tyranny over their daughters-in-law. There is also the case of the battered wives who were denied any power but who tortured their children in order to "turn them into decent, upright people", in the Greek village studied by Marie-Elisabeth Handman[7].  Whatever the sociological or psychological analysis of this phenomenon - for example, whether it is an effect of the "incorporation" by each sex of their status, as is claimed by Pierre Bourdieu[8] - there is no doubt that these forms of violence by women do exist and that we should also try to eliminate them.

III.           Violence against women, domestic violence?

                So far we have focused on the social relationships between the sexes as a way of explaining situations of violence, with the institution of the patriarchal family as the linchpin.  At first sight, one might feel somewhat uncomfortable about considering only domestic violence directed against women whereas children may be the victims of ill-treatment and sexual abuse within the family.  Upon reflection, however, we can see that it is vital to separate the different types of violence, violence against children and violence against women, when seeking to identify explanatory factors and consequences and, above all, discussing the social treatment of these types of violence.  Our analysis specifically tackles violence against women in the framework of intra-family relations, of which conjugal violence (between married or unmarried partners, whether or not they live together) is one of the best known aspects, being the origin of the pejorative expression "battered wife".  By women we mean women and girls "of marriageable age", that somewhat vague dividing-line after which it is acceptable for girls to be able to marry - in some countries - or when they begin to have sex - in more tolerant countries; in other words, when they reach sexual majority (around 15 to 18 years of age). 

                But what is the family?  Are there not many different kinds of family, and where do family relations end?  We adopt a very broad definition of the family unit: the conjugal family with its possible recompositions, families extended to include all relations including relations by marriage but also official or unofficial fiancés, lifelong or short-term lovers, boyfriends and girlfriends; all these friends and relations are potential sources of violence as many investigations have shown us.  Nor should we forget that the perpetrators of violence can include brothers and, more recently, adolescents being violent to their own mothers.

IV.           Family or families?  What exactly are we referring to?

                In order to understand the complexity of the contemporary family structure, in as broad and diversified a framework as that of Europe, I have chosen - perhaps because I am a demographer - to analyse the present by looking at the recent past and by taking the example of France, a country with a strong family tradition.  I shall go back to the 1950s, the golden age of the family and marriage.  The "Parsonian"[9] family model crossed the Atlantic and, within the family unit, the division of male and female roles was strongly marked: women were assigned to the private sphere, chastely looking after the home and doing their breadwinner husbands proud.  For girls marriage was the only way of being accepted and moving ahead socially, the only way of escaping the family circle and becoming an adult.  Whereas many women became aware of the sexual oppression to which they were subjected and refused to produce child after child, many wives gave in to the sexual demands of their partners out of weariness, sometimes with a feeling of shame if not disgust.  Pre-conjugal sexual relations were often forced on girls, torn between two fears: that of losing their fiancés and that of getting pregnant, ie guilt.

                The situation was changed somewhat by these women's children.  Children born after World War II were to be the protagonists of the "contraceptive revolution" and the transformation of relationships between men and women leading, by way of a chain reaction, to major demographic developments: large numbers of women entering the labour market (in the early 1960s), higher rates of divorce (1963), lower rates of fertility (1964) and the decline of marriage (1973); more cohabitation, fewer prenuptial conceptions, more extramarital births (in the early 1970s).  Since most of the demand for divorce came from women, once women gained financial independence, separations were a possibility, becoming more frequent.  Yet lower marriage rates reflected not so much discontent with life in a couple as a rejection of the institution of marriage since, at the same time, new forms of conjugal relationships came into being.

                In 1995, 90% of first unions began outside marriage and half of all first children were born to unmarried couples; these consensual unions are often legitimised after a few years and are also becoming more flexible.  Conjugal patterns have grown more complex: consensual cohabitation, separation, marriage, a new couple, a period of living alone.  Nonetheless, whereas the occurrence of a solitary lifestyle has increased in certain age groups (in 1994, 11% of men and 20% of women aged 45 to 49 lived without a partner), living in a couple - whether or not married - remains the most common arrangement.  All the more so since, as people live longer, the proportion of "elderly" couples (ie both partners aged 60 years or more) has grown.  This phenomenon, which is often overlooked,  must be borne in mind in any attempt to arrive at an understanding of the phenomenon of conjugal violence, since here we are dealing with generations where relationships between men and women remain very unequal.

                Another characteristic feature of the present day is the occasional (or sometimes more permanent) trend among young couples to live together in the home of one or the other's parents.  This is a consequence of the difficulties young people have in finding a job combined with a more permissive attitude towards adolescent sexuality.  It should be noted here that tolerance with regard to young people's relationships may have undesirable effects for girls and be the source of domestic conflicts, possibly leading to extremely serious violence.  The reason is that this permissiveness does not apply to the same extent to the two sexes: whereas, in the case of boys, a whole range of experiences may be tolerated, girls face stricter attitudes.

                Is it possible to apply this pattern to all European countries?  Yes and no, as Louis Roussel suggests in a recent summary[10], "When it comes to families, Europe is something of a patchwork". If we look at some demographic indicators (see appended table), the diversity of behaviour is quite striking: the number of first marriages per 100 women ranges from 95% in Slovakia to 45% in Sweden, and the percentage of divorces and extramarital births varies from 5% to 50% from some southern and to some northern European countries.  There is a sharp contrast between north and south, although in each case there are exceptions.  The south remains attached to the legitimacy of conjugal union, unlike the north.  France is very close to the Nordic countries whereas other western European countries are somewhere in between.  The situations in eastern Europe and the former Soviet Union are considerably different.

                Demographics indicators are not enough to explain the complexity of the family "unit".  Some family sociologists[11] have recently highlighted the fact that, while the conjugal family is in decline, family networks and solidarity between the generations and even between collaterals are becoming stronger.  Individuals will probably acquire bigger networks of relatives, especially as a result of family recomposition.  At the same time, for the less well-off, the socially excluded and recent immigrants, emotional isolation is also on the increase.  The two-speed society which is developing in economic terms (with rising unemployment) is also now on the way to becoming a relational phenomenon, what Robert Castel calls "disaffiliation"[12].  This process hits hardest immigrant women and women bringing up their children alone.  Economically, single-parent families are more disadvantaged and their isolation is a result of the place they are given in society.

                Even so, the family, regardless of its composition or recomposition, remains the basic unit of our western society.  The outcry and controversy aroused by the PACS (civil solidarity pact) Bill[13] in France at the moment is a perfect illustration of the institution's endurance.

                The inhibiting, castrating and inward-looking conjugal family against which its own children revolted in the 1960s has not completely disappeared, in particular as a result of longer life expectancy, and it has had after-effects on the generations concerned.  It has gradually been replaced by a more consensual, contractual and egalitarian model, but a model that is not as idyllic as one might like to think.  Nevertheless, the family remains the place for intimacy and privacy, and hence also for secrecy and for keeping things hidden from the outside world.  In the family you can be yourself but you also bring your sufferings, frustrations and disappointments.  "For better or for worse", to quote the highly poignant and ambiguous (to say the least) phrase uttered to seal marriage.  There is no need to refer to the patriarchal family and, within it, the sacrosanct paternal authority to appreciate the reality and the danger of this for the most vulnerable members, who are often emotionally and economically dependent.

                As we reach the end of the 20th century, the favourable conditions for an effective transformation of social relationships between the sexes are in place: the widespread availability of safe, medical contraceptive methods, higher levels of education among women, changes in civil law.  Now that they have won both their material and their legal independence and have full control over reproduction, women no longer see their future as being dependent on marriage.  Couples are formed on a mutually agreed, egalitarian basis, but the sexual images of family and love life confuse this quest for harmony, leading to dysfunction, and violence may result.

                The newspapers are full of stories about crime within the family circle.  By definition, crimes of passion are perpetrated on those close to the criminal. As Annik Houel and others write: "the profile of the couples (involved in such crimes) which emerges from the various accounts is strongly marked by a traditional view of the roles assigned to each sex."[14]  Murderers and batterers are more often than not known to their victims, and surveys on sexuality have shown that those who commit acts of sexual coercion tend to be acquaintances if not close relatives of their victims.

V.            Statistics on domestic violence

                If statistics are kept on specific types of violence - whereas that was seldom the case previously - that is because they are considered to be a social phenomenon and are therefore dealt with as such.  Now that awareness has been raised and taboos lifted, more and more of these violent acts are being reported.  That does not mean that the phenomenon itself is on the increase. We even think that the opposite may be true: speaking about these forms of violence may actually lead to a real reduction; since this violence has been acknowledged to be harmful both for the individual and society, it is no longer tolerable.  Now that this violence is seen to violate the standards established by  society, it is easier to report it.

                In France, as in many countries, the available statistics refer only to reported acts of violence: the Ministry of Justice provides data on offenders, the Ministry of the Interior keeps figures on the number of reported rapes or attacks, the ODAS (Observatoire national de l'action sociale - the decentralised National Social Action Observatory) produces statistics on cases of child victims of ill-treatment or sexual abuse reported to it; organisations which listen to, take in or assist victims are perfectly aware of the violence experienced by those who turn to them for help, but have no real idea of the full extent of these phenomena in the community at large.  Some quantitative surveys have included questions on violence.  When compared, their findings show how hard it is to analyse a subject not central to research and how carefully this data must be used.

                The patchiness and unreliability of statistical data hinder official measures to prevent violence.  As long as we know nothing about the real extent of such a sensitive and elusive social phenomenon, any attempt to quantify it will be controversial.  On the other hand, once we have reliable assessments to hand, the debate switches from a controversy over figures to analysis of the processes and how the phenomenon can be prevented.  Domestic violence is currently at this stage of public awareness raising.

                So far, to my knowledge, few countries (see appendix) have conducted national statistical surveys on violence against women, but those that have have come up with some useful facts and figures.  Despite differences in approach or slightly different definitions of violence, their findings are not dissimilar: the percentage of women who have been the victims of physical and sexual violence committed by their spouse or partner - or former spouse or partner - at some time in their lives is estimated at 29% in Canada, 28% in the United States (1985), and 25% in Switzerland; over the previous 12 months, the proportion ranges from 3% (Canada) to 11% (United States), with the figure for Switzerland at 6%[15].  The frequency is higher for young women.  Divorced or separated women more often claim to have been victims of violence, but that does not mean that they are really more frequently victims than others.  Indeed, the women conducting the Dutch survey[16] noted that women found it easier to recount events which they recognised as belonging to the past, while women currently living with a violent companion tended to play down or deny the situation.  While pregnancy is often regarded as a vulnerable period, "conducive" to violent episodes in couples or to their intensification, the available data do not make it possible to establish clearly the veracity of that hypothesis[17].  In many cases, we may observe the repetition of violence against the same women, particularly when sexual violence is involved.

                Consequences of violence have been measured mainly in terms of health by epidemiological surveys or by statistics produced by health care systems.  Physical violence may have direct consequences that vary according to the intensity of the blows received: broken bones, sprains or bruises.  The consequences in terms of mental health are quite well known: women who are victims of violence very often suffer from psychosomatic and depressive complaints and are more likely to attempt suicide; these effects may be long-term, in particular for women who underwent violence as children.  The Dutch survey highlighted what the authors call "chronic victimisation".  This phenomenon manifests itself in two ways: either amnesia of violence and social isolation, and total suppression of emotion or, on the contrary, a constant harking back to the traumatic situations, leading to psychological disorders.

                While the perpetrators of violence often abuse alcohol - or other substances such as illegal or psychotropic drugs - the use of these substances is not the direct cause of violence.  Furthermore, the victims themselves may resort to this type of substance to quell their anguish and fear.  In the United States, it has been estimated that the consequences of domestic violence account for 21,000 hospitalisations and 39,900 medical consultations every year (quoted by Randall, 1990).

VI.           Barriers to reporting domestic violence

                Despite the arrangements for making it easier for victims to speak out, a good many of them are still unable to express their trauma and, even less, to denounce their aggressors.  Victims are even less likely to do so when they depend on the persons responsible for their suffering or feel close to them.  Women living with violent men tend to deny the situation, sometimes because they sincerely believe that things will improve, but also because they cannot confess that they have undergone violence because that implies acquiescence to it: shame, guilt and often fear, especially the fear that their children might be taken away, makes them conceal their suffering.  The situation is compounded by other factors such as a desire to protect the home or children, or love for a partner for whom excuses are made.  Distrust of social workers (stronger than in a survey situation since those conducting surveys are supposed to be neutral) is also a major hurdle: women are afraid of being judged or of admitting a failure which they hope to put right.  In addition, violence, especially conjugal violence, takes place in a well-known cycle: tension-assault-remission, and victims report violence at particular stages in this cycle.

                The denial of conjugal violence may also be a result of how women see their position within the family and society and how they expect their partner to treat them.  Not all women have joined the feminists in denouncing the institution of marriage, the oppression of women and their sexual exploitation, and in demanding control over their own bodies.  If the notion of rape in marriage is to be effectively recognised, we must erase from women’s mentalities the notions of female frigidity and irrepressible male desire, and the idea of giving one’s body out of love.

                If violence is to be reported, it must be recognised as such.  It is vital to do everything to make victims aware that their situation is wrong.  Women undergoing psychological harassment find it hard to come to terms with this.  The problem is even more delicate in the case of women still governed by tradition.  In social groups where a traditional patriarchal culture is still strongly anchored, eg recent immigrant communities of North African origin, girls at the crossroads of two cultures, the culture of their family of origin and the culture at the school, face major difficulties.  This culture clash concerning the place of men and women in society and the principles on which the family is founded weighs heavily on the individual and on the desire of the young people born in these immigrant communities to live their own lives and build a family.  But the difficulties encountered differ from one sex to the other; this in itself makes misunderstandings more likely, and increases the likelihood of violence against women seeking to shake off the family yoke.  Brothers are often given the task of supervising their sisters.  This phenomenon is particularly strong in the case of immigrant women, but it also exists in certain countries with a large "traditional" rural population where the dissemination of contemporary lifestyles by television may make girls brought up in the patriarchal tradition feel frustrated or rebellious and turn them into potential victims of family violence.  Arranged marriages, kidnappings, and even forced abortions or abandonment of children are some examples of unacceptable forms of violence still commonplace in France, and the law cannot always intervene to defuse these tragedies.  A certain form of exploitation which may, in extreme cases, be likened to slavery, including sexual slavery, of immigrant girls may arise even within extended families in the host country.

                Economic dependence and, therefore, the assumed inability to manage by oneself, and the fear of losing children are real factors in the denial of conjugal violence, but they are perhaps not the main ones since economically independent women also suffer conjugal violence, the result of psychological degradation and harassment, which in turn lead to loss of self-esteem.  Once the process is set in motion it is difficult for either group to put a stop to it; the economically vulnerable pay the price by being subjected to physical violence and turning in on themselves; independent women may see their situation deteriorate to the point of losing their jobs and therefore their freedom.  Mental wounds, often incurable, and physical wounds, often left untreated, are the common lot of these women, and their children can only suffer from this painful situation.

VII.  Domestic violence: public intervention and protection of privacy?

                The issue of domestic violence raises the question of the position of the family in the private or public sphere.  The debate revolves around two sets of alternatives: private/public, and individual/family institution.  At present, individuals in western democracies are constantly torn between two conflicting attitudes: withdrawing into the private sphere or having recourse to the public sphere, and to guarantee the material and non-material security of their citizens, states adopt an interventionist stance.  Should individuals be dealt with in isolation from their family context and be left alone to face the power of the state, the judiciary, the medical profession or the social services?  On the other hand, should individuals be left alone in the closed universe of a family which protects but controls and which may be excessively authoritarian?  It would appear vital to interlink family policy and the issue of domestic violence since, as Jacques Commaille says, "A family policy that greatly elevates the notion of privacy makes it harder to come up with a public policy for dealing with domestic violence."[18]  In France, civil law has encouraged the autonomy of individuals in their private space to the detriment of the family structure.  In the case of the most vulnerable members of society there is a certain "price to pay" for this individual freedom, and they therefore become reliant on state protection.  Intervention by the state, and hence its control over the most disadvantaged women and children through the social services, are making themselves increasingly felt.  Furthermore, in the upheavals facing the family as an institution, biological children seem to represent the last remaining element of stability[19].  There is a great risk of turning children into the pivot of family dramas at the expense of women, who, at one and the same time, are victims and feel guilt towards their children.

                Nor should we neglect the role of the media, which may be positive when drawing attention to the phenomenon of violence and informing victims of the various forms of assistance and the remedies available to them, as that may enable them to break down the wall of silence.  Their role is more ambivalent where the use of news stories is concerned since, while it may help to raise public awareness of these issues, it can also, by conveying unbearable images of drama, provoke a good deal of emotion and trigger a collective outburst of irrational fears, with the risk of turning criminals into a kind of scapegoat by focusing our fear and aggressiveness on them.  This works to the detriment of personal experiences of violence by drawing attention away to a distant target while pushing the suffering itself into the background.  The fight against domestic violence calls for the restoration of social links and respect for women - the "other" - as people, something that is possible if we continually educate - in the broadest sense - adults and children alike.

APPENDIX 1

Family Data, 1993 (in italics, Pre-1993 Data)*

 

Fertility
(average number of children per woman)

Marriage rate
(first marriages per 100 women)

Divorce rate (divorces per 100 marriages)

Extra-marital births (per 100 births)

Northern Europe
Denmark
Finland
Iceland
Norway
Sweden


1.75
1.82
2.22
1.82
2.00


60
58
49
47
45


42
43
39
40
46


47
30
58
44
50

Western Europe
Germany
Austria
Belgium
France
Ireland
Luxembourg
Netherlands
United Kingdom1
Switzerland


1.28
1.48
1.62
1.65
1.93
1.70
1.58
1.76
1.48


56
56
61
50
67
65
60
64
67


28
34
33
33
prohibited
35
30
44
37


15
26
13
35
20
13
13
32
6

Southern Europe
Greece
Italy
Portugal
Spain


1.34
1.21
1.46
1.24


74
66
81
66


12
7



3
7
17
11

Eastern Europe
Albania
Bulgaria
Croatia
Hungary
Poland
Romania
Czech Republic
Slovakia
Slovenia


3.00
1.46
1.50
1.69
1.85
1.44
1.67
1.92
1.31


82
61
62
60
68
79
65
95
52


11
11
14
30
11
18
34
20
17



19
8
16

8
17
11
9
28

former USSR
Belarus
Estonia
Latvia
Lithuania
Moldova
Russia
Ukraine


1.75
1.45
1.51
1.67
2.10
1.36
1.55



69
58


81


37
46


37
33
49
40


9
38
23
9
11
17
12

1     England and Wales
Source: INDE, Council of Europe

            cf reference 10

APPENDIX 2

National statistical surveys on
violence (domestic and conjugal) against women*

In the United States:

Survey on domestic violence (women and children) conducted in 1975 on 2,143 families and updated in 1985 on 3,250 families.
Questions included in a more general survey of families and households carried out in 1988; sample of 5,474 respondents, men and women, married and living in a couple.

In the Netherlands:

National survey on violence against women carried out in 1986 on a sample of 1,016 women aged 20 to 60 years.

In Canada:

National survey on violence against women carried out in 1993 by telephone on 12,300 women aged 18 or more.

In Switzerland:

National survey on domination of and violence against women within the couple, carried out in 1995.  It included a quantitative survey (by telephone) on a sample of 1,500 women living in couples, and a qualitative study, by means of interviews with 30 women who had been victims of violence.

In France:

National survey on violence against women, collected by telephone, planned for 1999, on a sample of 5,000 women aged 20 to 59 years and living in mainland France.

* These are the surveys of which I have knowledge to date.


[1]           Cf appendix.

[2]           By the Cati method (telephone and computer assisted collection), which has been used for over 10 years for major statistical surveys on sensitive issues (sexuality, violence, etc).

[3]           In a closed questionnaire, respondents answer yes or no to specific questions or choose the most appropriate from a range of proposals.

[4]           Final report of activities of the EG-S-VL, Group of Specialists for combating violence against women (EG-S-VL), Council of Europe, Strasbourg, June 1997.

[5]           DAUPHIN Cécile and FARGE Arlette (dir) De la violence et des femmes, Albin Michel, Paris, 1997.

[6]           LACOSTE-DUJARDIN Camille Des mères contre les femmes, La Découverte, Paris, 1985.

[7]              HANDMAN Marie-Elisabeth La violence et la ruse, hommes et femmes dans un village grec, Edisud, Aix-en-Provence, 1981.

[8]              BOURDIEU Pierre La Domination masculine, Le Seuil, Paris, 1998.

[9]           Named after Talcott Parsons, an American sociologist who analysed the American family model in the 1950s.

[10]          INED Populations, l'état des connaissances, La Découverte, Paris, 1998.

[11]          DE SINGLY François (dir) La famille, l’état des savoirs, La Découverte, Paris, 1991.

[12]          CASTEL Robert De l'indigence à l'exclusion: la désaffiliation in "Face à l'exclusion. Le modèle français", Ed. Esprit, Paris, 1991.

[13]          The PACS is currently being debated in the National Assembly: two persons (regardless of their sex and, possibly, their family relationship) may sign an officially recognised contract enabling them to acquire all the rights and duties of married persons concerning property, taxes and inheritance; the contract may be terminated by way of an administrative decision.

[14]          HOUEL Annick et al Bats ta femme tous les matins. Not yet published.

[15]          - BRUSH L.D. Violent acts and injurious outcomes in married couples: methodological issues in the national survey of families and households, "Gender and Society" 4:56-67, 1990.

             - RODGERS K. Résultats d'une enquête nationale sur l'agression contre la conjointe.  Juristat, Bulletin de service 14: 1.21. 1994.

             - Statistique Canada L'enquête sur la violence envers les femmes. Le Quotidien, 1-9 18 November 1993.

             - STRAUSS MA, GELLES RJ.  Societal change and change in family violence from 1975 to 1985 as revealed by two national surveys.  Journal of Marriage and the Family 48: 465-479, 1986.

             - GILLIOZ Lucienne et al. Domination et violence envers la femme dans le couple Payot, Lausanne, 1997.

[16]              RÖMKENS Renée Consequences of wife-abuse and the risks of post-traumatic stress disorder, The Netherlands.

[17]          - SAUREL-CUBIZOLLES Marie-Josèphe et al; Violence conjugale après une naissance Contracept Fertil Sex 25: 159-164, 1997.

             - GELLES R.J. Violence and pregnancy : are pregnant women at greater risk of abuse?; Journal of Marriage and the Famil" 50: 841-847, 1988.

[18]          In Violence en famille "Les Cahiers de la sécurité intérieure" No. 28, 1997.

[19]          THERY Irène, Couple, filiation et parenté aujourd'hui. Le droit face au mutations de la famille et de la vie privée, Odile Jacob, Paris, 1998.

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Report of Working Group 1
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Rapporteur: Ms Maryse JASPARD (France)
Chair: Ms Elena POPTODOROVA (Bulgaria)


This is a summary of the main points on which a certain consensus was reached in the working group.  The various topics singled out are intended to help establish the theoretical focus prior to the drafting of recommendations.

1.             The models and representations of patriarchal society are still very prevalent in all European countries:

-              the patriarchal society underpins male domination;
-              the patriarchal society generates institutions perpetuating this principle;
-              it breeds a specific form of violence against women in the family setting.

2.             Domestic violence against women is but one aspect of the inequalities between women and men; it cannot be analysed as an isolated phenomenon.

3.             Until violence towards women is stamped out, it will not be possible to achieve effective equality between women and men, which is a basic principle of fundamental human rights.  The problem of violence must be placed in the context  of human rights, not only in  the social sphere (eg in the training of all those involved in interventions).

4.             Domestic violence is not just a social issue but a basic societal problem, hence domestic violence cannot be regarded as a private matter.

5.             In comprehending domestic violence, one must also take account of cultural differences and of the weight of cultural traditions, for example the tension to which a migrant woman can be subjected when confronted with two cultures whose views on the place of women and men in society and the foundations of the family are contradictory.

6.             Emphasis should be placed on the importance of the terms chosen to analyse and address violence-related problems; for instance, recurrent use of the word "victim" can heighten the passive and even derogatory image often assigned to women who receive violent treatment, both for the women themselves and for those intervening (such as police and social workers).  Likewise, the term "protection" has connotations of "female pseudo-fragility". Using such words in the framework of the Council of Europe should be thought about. For example, terms such as “prevention” or “help” could be more appropriate.

7.             Women are not "natural victims" but they are subjected to victimisation; still more emphatically, they are not "consenting victims".

8.             The continuum of violence, including psychological violence, must be taken into account.

9.             While it is urgent to assist the women subjected to violence, it is also necessary to have means of training and sensitising all actors within the institutions concerned at all levels (justice, police, medical staff, social workers, etc).

10.           Bringing about changes in attitudes must not be the sole responsibility of NGOs;  governments must unequivocally adopt a stance on these issues; prevention requires committed action by all social institutions, particularly the education system, directed at persons of all ages. Human rights observances as well as equality between women and men should be covered by every school syllabus.

11.           The introduction of preventive mechanisms entails knowledge of how the matter stands in society; accordingly research, enquiries and statistics constitute the first stage in ascertaining the extent of the phenomenon, its consequences and processes.  Estimation of the social cost of violence should also be a means of lobbying governments to take measures for the eradication of domestic violence.

12.           If women have difficulties in reporting and denouncing the violence which they undergo, it is because society:

-              does not allow them to do so (ignorance of the law and of assistance facilities; inconspicuousness of the structures);

-              does not adequately respond to their problems.

13.           National legislation should condemn marital rape. Actions should also be undertaken to change the mentalities on this subject, especially the provision of sex education courses.

The group concurred in proposing the following recommendations:

A.           At national level

-              governments should make a policy statement emphasising that violence against women and domestic violence cannot be tolerated and constitute an infringement of human rights;

-              governments not yet having done so should revise the existing legal framework to make sure that it provides for adequate measures of recourse and protection against domestic violence;

-              the gender equality perspective should be applied systematically in framing and implementing policies and programmes in all areas, particularly macro-economics;

-              policies to combat domestic violence should be regularly assessed.  In this context, NGOs should insist that national reports on the implementation of the Convention on the elimination of all forms of discrimination against women contain a chapter on anti-violence measures and action, as prescribed by the recommendation of the committee in charge of monitoring the implementation of the Convention;

-              research programmes including statistics on domestic violence should be developed.  The findings of such research are an excellent aid to member States, NGOs and other agencies concerned for the purpose of implementing prevention policies in order to combat domestic violence;

-              information and awareness-raising campaigns directed at the public and at the various professions concerned by the issue of domestic violence and sex education should be organised.

B.            At the Council of Europe

-              the Council of Europe should propose an outline, adaptable to each country, for training and information handbooks directed at judges, court officers, members of the police force and medical practitioners;

-              the Council of Europe should carry out a study reporting the position as regards member States' legislation and available statistics in this field;

-              the question of equality between women and men should be among the issues covered by monitoring of compliance with the obligations of Council of Europe member States;

-              the Council of Europe should speed up the preparation of the recommendation on protecting women and girls against violence so that it can provide guidance and standards for the relevant national policies.