[women-rights] Occupied Palestinian Territories: Authorities must address violence against women and girls

Inadequate Laws and Policies Deny Victims Justice

(Ramallah, November 7, 2006) -- The Palestinian Authority (PA) has failed
to establish an effective framework to respond to violence against women
and girls, Human Rights Watch said in a report released today. Despite the
current political and economic crisis, there are steps that the PA can and
should take to address these abuses as a priority issue within its
security agenda.

The 101-page report, "A Question of Security: Violence Against Palestinian
Women and Girls," based on field research conducted in the West Bank and
Gaza in November 2005 and early 2006, documents dozens of cases of
violence ranging from spousal and child abuse to rape, incest and murders
committed under the guise of family "honor." There is increasing
recognition of the problem, and some PA officials have indicated their
support for a more vigorous government response, but the PA has taken
little action to prevent these abuses. As a result, violence against women
and girls is often unreported, and even when it is, it usually goes
unpunished.

"PA officials across the political spectrum appear to view security only
within the context of the ongoing conflict and occupation, all but
ignoring the very real security threats that women and girls face at
home," said Farida Deif, a researcher in the Women’s Rights Division
of Human Rights Watch and co-author of the report.

A combination of discriminatory laws that condone and perpetuate violence
and the virtual absence of policies to assist victims of abuse have left
Palestinian women and girls with little protection. All Palestinians
suffer from the deficiencies of the existing criminal justice system in
the OPT, but women pay a particularly high price for officials who are
often unwilling to respond adequately to gender-based violence.

Discriminatory criminal legislation in force in the West Bank and Gaza has
led to virtual impunity for perpetrators of such violence and has deterred
victims from reporting abuse. These laws include provisions that: reduce
penalties for men who kill or attack female relatives who commit adultery;
relieve rapists who agree to marry their victims from any criminal
prosecution; and allow only male relatives to file incest charges on
behalf of minors. These laws deter women and girls from reporting abuse
and provide virtual impunity for perpetrators.

With some exceptions, Palestinian police lack the expertise and the will
to address violence against women in a manner that is effective, sensitive
to the needs of the victim and respectful of their privacy. As a result,
police officers often turn to informal measures rather than serious
investigations. When questioned, many were unapologetic about their
efforts to encourage marriage between a rapist and his victim, sometimes
with the assistance of influential clan leaders. They see intervention as
a means of "solving" these cases. In addition, police often force women to
return to their families even when there is a substantial threat of
further harm.

"When confronted with cases of violence against women and girls, the
Palestinian criminal justice system is more interested in avoiding public
scandal than in seeing justice done," said Lucy Mair, the report's other
researcher and co-author. "A woman's basic right to life and bodily
integrity is seen as a secondary concern at best."

The absence of medical guidelines for doctors also seriously affects the
quality of treatment afforded to female victims of violence. The health
care system is typically the first and sometimes the only government
institution that victims of abuse come into contact with, yet doctors are
ill-equipped to deal with such cases. The Ministry of Health has no
medical procedures or protocols to guide medical professionals or ministry
staff in their treatment of domestic violence cases. Doctors lack
specialized training and guidance on how to treat women victims of
violence, preserve evidence of the abuse, and maintain confidentiality.

While the availability of shelters has increased this year in the West
Bank, movement restrictions within and between the West Bank and Gaza make
it impossible for some victims of violence to reach these shelters,
leaving them without a refuge. Sometimes the lack of shelters and socially
acceptable living arrangements for single women has forced Palestinian
women's organizations and the police to house victims in police stations,
governors' offices, private homes, schools and orphanages.

While it is true that Israeli actions since the outbreak of the current
intifada in September 2000 -- including attacks on PA institutions and
security services, and Israel's current refusal to remit tax revenues --
have significantly weakened PA capabilities, this is no excuse for
inaction. Despite its political and economic challenges, the PA has built
important new institutions and reformed and unified some laws, such as
those governing the justice system and children's rights. The same must be
done to protect women and girls from family violence.

Human Rights Watch calls on the PA to establish guidelines for responding
to family violence in line with international standards and to train
government employees to recognize and respond appropriately to victims.
The PA should also enact a specific law criminalizing domestic violence
and repeal discriminatory laws that hinder efforts to tackle gender-based
violence.

"The PA urgently needs to adopt a zero-tolerance policy for all forms of
violence against women and girls," said Deif. "Failing to offer women and
all members of Palestinian society the highest protection of the law will
only further erode faith in the Palestinian criminal justice system."

Selected testimonies from "A Question of Security": 
"He  used to beat me everywhere. He beat me with a rock
on my leg ... I never went to the hospital, and I didn't even
tell my parents. I was just thankful to be alive."
-- Mariam Ismail (pseudonym), 35 

"My problem started with my family. When I was 12, my brother
attacked me, attacked me sexually ... My brother was 24. He'd
hit me. Everyone in my family knew. My father died when I was small,
so there was no one to protect me. My brother would even hit my
mother. I didn't report it since there was no one to protect
me. I couldn't tell the police. I was not allowed to even leave
the house."
-- Nada Omar (pseudonym), 30 

"Rape cases are dealt with at the police station as special cases.
Most of the time, the result is that they get married under the carpet 
to avoid scandal. Rape cases rarely go to courts ... In all of these 
cases, the police want to solve the matter within the family without 
documentation."
-- Palestinian women's rights activist, Gaza 

Upon release, "A Question of Security: Violence Against Palestinian
Women and Girls" will be available at: 
http://hrw.org/reports/2006/opt1106

Human Rights Watch Press release