Domestic Violence is Not a Family Matter

Iranian women have recently begun discussions about domestic violence, which, according to a 2004 study by the Social Affairs Office of the Ministry of Interior, in collaboration with the Center for Women's Affairs of the Presidency and the Ministry of Science, found that 66% of Iranian women have experienced it at least once since the beginning of their married life. As Shirin Famili, a colleague at Radio Farda in Berlin, states, while domestic violence is not unique to Iran, its statistics differ significantly from other countries, including Germany: 'An agency representing the European Union in fundamental rights reported the latest domestic violence statistics in Germany in 2014. The report indicated that 33% of women over 15 living in Germany have experienced violence from a partner, spouse, or other family members. It noted that 20% have faced violence from their partner or spouse, with 8% being sexual violence, half of which comes from a current or former spouse. Among these, only 11% of the violence, which was severely distressing and had physical or psychological effects, was reported to the police.' It appears that the statistics of violence against partners or spouses in Germany are one-third of those in Iran. So, is domestic violence considered a crime in Germany? Specifically, since 2013, the World Health Organization issued guidelines for countries to seriously address domestic violence and enact laws. In Germany, organizations and independent women's rights associations had already provided phone numbers for consultation or advised that if someone faced violence at home, they should contact the police. Now, there is a dedicated hotline for violence against women across Germany. The laws in Germany are structured to protect women from violence against women. For instance, anyone who has experienced violence, whether sexual, psychological, or physical, can file a complaint with the police within three months. When the police get involved, a case is formally opened, a lawyer is provided for the victim, and if the violence is severe, the woman is taken to a safe place, like a women's shelter, where she is not accessible to the current or former spouse who has abused her. In Iran, there is no crime defined as domestic violence. However, as Mohammad Mostafaei, a lawyer residing in Norway, states, there is no mention of domestic violence in Iranian laws: 'Nowhere in Iranian laws are instances of domestic violence specified. However, in criminal laws, physical assault and abuse are addressed, which indirectly includes domestic violence. In fact, any act of physical violence against a person is punishable by law, but there is no punishment for psychological pressures inflicted on women. The civil responsibility law states that if someone causes psychological or physical harm to another, they are responsible, but no punishment is designated for such cases. However, in family laws, domestic violence is considered a form of misbehavior by men and is one of the reasons a woman can exercise her right to divorce.' Mr. Mostafaei notes that in many countries, sexual violence is also considered a crime, even if committed by a spouse. How is this issue addressed in Iranian laws? 'Judges in Iran, due to traditional beliefs, do not even consider that if a woman refuses to comply, or does not want to have sexual relations with her husband, it constitutes sexual harassment or violence; this belief is hard for judges to accept.' Domestic violence is not a family matter. Hossein Ghazian, a sociologist residing in the U.S., believes that the judiciary plays a role in the prevalence and concealment of domestic violence: 'Undoubtedly, our judicial system plays a role in this regard, both in laws and judicial practices. This means that proving domestic violence in laws is very difficult, and additionally, in usual practices, courts practically encourage couples to continue their lives together, which prevents them from taking measures against such actions. But it is not just that. The overall social conditions are also not prepared to address the issue of social violence. This means that not only do others see it as a personal and internal issue that should be resolved within the family, but they also think it should not be made public. More importantly, there are no social arrangements for those who are harmed by domestic violence. This forces individuals to conceal their situations. They find no refuge in the judicial system, nor do social arrangements provide a sanctuary for escaping domestic violence in a confined area called home and family. Therefore, sometimes individuals are compelled to resort to other means.' Is house arrest a crime? Last week, an article about domestic violence was published on Radio Farda's website, where two questions were raised in the comments. One audience member asked how house arrest could be considered a form of violence when, according to civil law, a woman is obliged to comply with her husband and must have his permission for public matters like leaving the house? Leyla Ali Karami, a lawyer residing in London, responds: 'This is definitely a form of domestic violence. The legislator's responsibility is not just to enact laws; if there is a shortcoming in enacting laws, the responsibility falls on the government. House arrest is undoubtedly violence against women, and unfortunately, our law is silent on this matter, but that does not mean we should remain silent and not speak out. Another issue is that there has been no cultural development to combat domestic violence. The responsibility for this directly falls on the government and lawmakers, who must promote a culture of reporting domestic violence. It is the government's duty to encourage a culture where women who have experienced violence do not fear reporting it, and where laws do not hinder their ability to change their circumstances. Of course, this is also the duty of civil society and women's rights activists. One point to mention is that violence is not just physical. Unfortunately, verbal and psychological violence is widespread, and due to the lack of cultural development, there is fear of social reputation and issues. This causes many women to remain silent and not speak out, even for the sake of appearances.' Another audience member raised the issue that her husband hits her in a way that leaves no marks for her to file a complaint. Leyla Ali Karami states: 'In advanced countries and in those that take the issue of violence against women seriously, there is no need for physical evidence. The mere presence of a husband or partner in the home causing distress to the woman is enough for her to call the police, and they will immediately respond and ask the husband to leave the home, warning him not to return for a while. The Iranian civil law also mentions that if the presence of a husband and wife in one home causes fear, which refers to physical, psychological, and reputational issues, the woman can request separate housing and even if she does not want to, she can seek a divorce. Therefore, there are still legal solutions available in Iran that can be utilized. This woman can consult a psychologist and discuss the psychological effects of this issue, and she can approach the court to request separate housing. In any case, there are legal solutions that can be utilized.