New egregious cases of domestic and sexual violence in Kazakhstan raises questions: why the existing law does not prevent violence? What you need to do to make it work?
Previously our portal described how the law on domestic violence in the United States. After its introduction in the 80s the number of women in America, died at the hands of their husbands decreased from 10 to 1.5 thousand a year.
In Kazakhstan, the progress that we boast of, alas, can not. Why? What needs to change? Possible implementation in Kazakhstan of the law, similar to the us? We talked to human rights activist and lawyer.
The law is not working
The leader Fund #НеМолчиKZ Dina Smailova said that now is preparing a new draft law on domestic violence:
— Key positions — the relocation of the aggressor, the criminal liability for violation of protection orders and compulsory treatment, — said Smailov.
Member of the Almaty city Collegium of advocates Almaty, Mussina believes that this new law is needed. The current (adopted in 2009) — on prevention of domestic violence failed to reduce the number of victims.
— We have the very definition of domestic violence and its types
No idea who are its subjects and objects. Criminal and administrative codes are valid only when bodily injuries, murder, — says Musin. In most cases, the victims caused light injury. However, it is now just fine.
According to the lawyer, the punishment should be tightened.
When the police don’t want
The lawyer is convinced that for the adoption of a new law on domestic violence there are no obstacles. The difficulty in its application. A barrier may be the existing system of concepts — both in society and in the police. According to her, in society to domestic violence are not serious.
— The police are reluctant to hold the perpetrators to justice in such cases. So
it is not enough just to enact the law, it is necessary to change the attitude to violence
This is a question of training, education in schools and promote intolerance to violence, — says Musin.
Another reason is the impunity of police officers in case of violation of their duties.
In each case of default by the employee of his duties he must answer, and these measures must be effective, — said the lawyer.
Society silently approve of violence
The head of the Fund #НеМолчиKZ Dina Smailova emphasizes that often the police are the violations not just:
“Agashka call and ask for the release of rapists. The police are under constant pressure, the law all decide we need a comprehensive approach to the problem,”
— says human rights activist.
in 2018 rape victims 2118 filed statements before the trial came 1010, and was sentenced to just 348 people
She believes that this is due to the enormous pressure on victims.
“If the legislators every day experienced it for yourself, understand — it is impossible to tolerate. Primarily affects children. Boys grow up and themselves become the aggressors. A frightened girl in the adult age choose these aggressors in men”, — said Smailov.
The shortage of trained personnel
According to Musina, there is no trained personnel for the prevention of domestic violence.
— In their Coffers. al-Farabi is now preparing the conflict. So why the universities do not train personnel in the prevention of domestic violence? After all, a healthy society and generation is the key to the success of the country in the future, she said. — Need incentive and motivation. Probably if the specialist is a high salary and benefits, he will be keen to work in this field.
But when the police do nothing, the organs designed to prevent such violations, engaged in formal replies. Moreover, violations of the police pPROKURATURA and the courts turn a blind eye. Such relationships should not be at all. When those who should enforce the law, they violate the society in response will be treated with disrespect for the law. Hence violence and crimes.