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

Advocates

Last edited: January 05, 2011

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  • Legislation should ensure that complainants/survivors have access to advocates who will be present and advise them through the legal process, including filing for orders of protection, accompanying them to court, and filing for restitution or compensation available by statute. Legislation should provide funding for advocate services and require that advocates be trained in counseling and in domestic violence issues and in the law and practices of their country.
  • Legislation should reflect the importance of the confidentiality of the relationship between an advocate and a complainant/survivor.

Example: the Law of Georgia states that “The information on state of physical and psychological status of the victim shall be confidential and its disclosure shall be permitted only in cases provided by law.” Article 19

(See also Fuller, Rana SA, “The Importance of Confidentiality Between Domestic Violence Advocates and Domestic Violence Victims,” StopVAW)

Resources:

For information on advocate/complainant/survivor privilege, see “Advocacy Guidelines,” StopVAW .

For more on the relationship of advocates and complainant/survivors, see: Davies, Jill, “When Battered Women Stay…Advocacy Beyond Leaving,” National Resource Center on Domestic Violence (2008).

"Uniform Protocol for the Management of Victims, Survivors, and Witnesses of Domestic Violence and Sexual Offences,” National Prosecuting Authority of South Africa (2005).