Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Confidentiality for complainants/survivors

Last edited: January 05, 2011

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The law should prohibit the disclosure of information about specific cases of domestic violence by which it possible to identify individuals unless the complainant/survivor  has given fully informed consent after opportunity to receive advice from an advocate .  The only exception to the requirement that the complainant/survivor give informed consent for release of information should be for legally incompetent individuals such as children and the developmentally disabled.

Example: The Law of Philippines states:

Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court. Section 44

Example: A program known as Safe at Home in Minnesota, USA allows survivors of domestic violence to protect the confidentiality of their home address by registering with the Secretary of State. They are provided with a post office box number and mail is forwarded to their home. The Secretary of State’s office becomes the participant’s agent for accepting mail and legal process