This article contains references to domestic violence.
Compulsory and disciplined behavior is complex and can appear to be very different between culturally and linguistically diverse communities, experts told Congressional investigations.
Several organizations representing the CALD community appeared on Tuesday at the New South Wales State Parliamentary Joint Special Committee to protect already vulnerable victims-survivors and criminalize patterns of harmless domestic abuse. Asked for a cautious approach.
Muslim Women Australia’s Ms Nemat Kharboutli, a specialist provider of domestic violence and domestic violence (DFV) services for CALD and faith-based communities, said the group, in principle, favors compulsory controlled crime, but “potentially. He said he was concerned about the “problematic” implementation. actually.
The group said there was a lack of consultation with the community due to the limited time to submit to the investigation, announced by New South Wales Attorney General Mark Speakman last October.
“When it comes to women’s protection and empowerment, good intentions alone are not enough,” said an Australian Muslim woman in her submission.
“We must take the time to work to understand how criminalization adversely affects CALD and Muslim women and protects them overall.”
State government discussion papers define compulsory control in the context of domestic violence and domestic violence as “a pattern of abusive behavior designed to exercise control and control over the other party involved.” This includes physical, psychological, emotional, or financial behavior.
“It’s often a process that happens slowly over time, with subtle differences in nature that can be difficult to identify,” he says. “Victims and survivors lose their individual autonomy and independence due to the cumulative effects over time.”
In Australia, on average, one woman is killed by her current or former partner every nine days. According to the treatise.. The same number applies to one man every 29 days.
Dr. Mandurah O’Connor, secretary-general of the Australasia Center for Human Rights and Health, said mandatory control of the investigation was less recognized by migrant women.
She said she might experience such behavior in extended families and from multiple perpetrators, such as South Asian women facing dowry-related abuse.
“The structure of patriarchy and gender inequality lead to additional opportunities for compulsory dowry demands, which, if not met, cause violence and abuse,” she said.
The Australian Government describes acts of coercion, violence and harassment related to giving and receiving dowry at any time before, during or after marriage. It is a form of abuse.
Domestic violence law reforms have been underway abroad for several years, introducing new compulsory control crimes in Scotland, England and Wales.
While some Australian states and territories allow compulsory control under civil law, Tasmania is the only Australian jurisdiction to introduce certain criminal offenses covering that element.
In New South Wales, non-physical violence is often prosecuted under crimes such as stalking and intimidation.
Kharboutli said investigations into the “integrated needs” of CALD victims and survivors, such as migration status, communication and cultural diversity, need to be considered.
“For example, for Muslim women, dealing with police crosses the experience of terrorism and discrimination and negatively impacts women’s safety, opportunities and interactions with other services,” she said.
“It needs to be done strategically. If you don’t have enough resources, we encourage you to consider other options, such as the civil law process or the spread of existing stalking and threatening crimes.”
Peter Ducas OAM, chairman of the New South Wales Ethnic Community Council, said criminalization is a wise option, albeit at risk.
“I think the central point is what would happen if it weren’t criminalized. Our position is a very cautious approach to criminalizing these issues, but it’s It must be done in context, “Doukkas said.
Both Ms. Kharboutli and Dr. O’Connor argued that the definition of “domestic relations” should be extended from intimate partner violence to family-based violence.
However, Doukas and Menaka Cook, executive committee members of the New South Wales Women’s Election Lobby, cautioned.
“The challenge for the legislature will be to establish an effective way to prosecute such acts,” Doukas said.
Witnesses who agree to criminalize alone are not sufficient to adequately protect and empower victims and survivors.
“We need to invest not only in significant intervention, but also in police and legal education to really understand where compulsory controls are occurring,” Cook said.
Dr. O’Connor agreed that sufficient time was needed to educate the CALD community on the definition of compulsory control before the law was introduced.
If you or anyone you know is affected by sexual assault, family or domestic violence, call 1800 RESPECT at 1800 737 732 or visit the following website: 1800RESPECT.org.au.. In case of emergency, call 000.
Women with immigrant and refugee backgrounds experiencing family or domestic violence can contact or visit the Multicultural Center for Family Violence inTouch, 1800 755 988. intouch.org.au..