More awareness of domestic violence needed

Renee Laiviera, chairperson for the Malta Confederation of Women’s Oraganisations stressed the importance of legislation as a tool to address civil and criminal offences within society, however she said that it is not enough to indicate how this violence is being addressed; nor does it give any information on how mechanisms and structures are organised or the way the system can be accessed by women.

“Through the provisions of the legislation, the State clearly indicates the extent to which it is committed to provide reparation and punish offences that fall under domestic violence, starting from what defines domestic violence and which relationships are regulated by the legislation.

“Furthermore and just as important, the resources earmarked for its implementation tells much about the State’s level of responsibility and willingness to provide protection and defence for victims of domestic violence.”

The 2006 Domestic Violence Act establishes the Commission on Domestic Violence to advise the Minister on all aspects of domestic violence including, but not exclusively, on how to increase awareness and understanding of domestic violence, on areas of research, on ways to develop a comprehensive plan for a multi-disciplinary approach of active prevention and early intervention and, in general, submit recommendations on the best way forward. 

The law also establishes Aġenzija Appoġġ as the entity designated to provide support and professional services to victims of domestic violence. 

Laiviera states that there are a number of legal measures, offered by a number of professionals – mainly the police force and legal professionals - available for a victim to seek redress.

“Monitoring the way these services respond to requirements is the means to ensure that they answer effectively to the needs of the victims, the vast majority of whom are women.”

Research carried out abroad has highlighted gaps in the procedures from the moment of submitting a report to the actual outcomes. Laiviera said that this is not uncommon in Malta, stressing the significance of the tracking of outcomes in order to ascertain that the remedies provided are being used effectively. Underperformance can act as a barrier for women and hinder and discourage them from making use of existing remedies, she said.

Laiviera stressed the importance of filing the initial complaint which may determine the success or otherwise of legal proceedings. She added that few women understand the implications of this initial procedure. “Reports are often left incomplete, with reports of previous complaints not attached to statements taken by the police. It is difficult for traumatized victims to remain conscious of these issues, even if they are aware of them, which more often than not they are not. The guidance of the police may be crucial in such situations.”

Many members of the public often criticise women, who refuse to proceed with the case in court or pardon their aggressor, without questioning the reasons why. Often, this results in the courts refraining from continuing to hear the case with the perpetrator walking away, possibly feeling more empowered than ever before. 

“Prior to taking such a course, the victims’ behaviour should be investigated by the courts to determine whether they are doing this freely or forcibly by the perpetrator.  Moreover, the courts should also be conscious of the trauma victims are undergoing and how difficult it is for them to relive the violent episodes that they have experienced often for many long years.  Because of these and other circumstances, the shorter the duration of the proceedings, the higher the degree of confidence the victim has in the legal system.”

Research (2010) commissioned by the Commission on Domestic Violence shows that one in four women in Malta experienced one form of domestic violence in their lifetime. Half of these women underwent this experience during the 12 months prior to being interviewed for the survey.

“The stronger the legislation and its implementation, the more effectively the legal system protects the many women who are living in such difficult situations. However, it is important that there is more understanding of the tools available to seek redress” she said.

The Commission on Domestic Violence, aware of the need to create more awareness among the general public particularly among victims of violence, has commissioned a publicity campaign partly financed by the European Social Funds, entitled “ESF 3.43 – Dignity for Domestic Violence Survivors” (www.domesticviolence.gov.mt). 

The objective of this project is to increase the number of people who recognise domestic violence; to educate children and adults to have a positive attitude towards each other’s positive qualities; to resolve issues that can cause problems; to encourage women living in these difficult situations to ask for help by calling SupportLine 179, the freephone run by Aġenzija Appoġġ  that is serviced on a 24 hour basis, seven days a week. 

“Women need to know their rights and the legal and professional help that is available.  It is for women to make the first step and call for help Supportline 179.”