Bill targets violence against women

INTERVIEW/Maria Cristina Perceval

Maria Cristina Perceval, or Marita as she is known, is a senator in Argentina and one of the greatest champions of a bill to combat violence against women. In the 1980’s she was one of the first to start the Consejos de la Mujer (Women’s Councils), that were important to provide an interaction between provincial and city governments, and the first entities to approach women’s issues from a holistic perspective, the councils have since become models for their work with gender.

A political and social activist in the past, Perceval currently presides over the Banca de la Mujer, a multi-party initiative in favor of women’s rights.

Although she is a personal friend of President Cristina Fernández de Kirchner - Perceval learned by reading an Amnesty International Report – that cites information compiled by the media, for lack of official data – that every three days one woman is killed in Argentina by someone known to the victim.

The Amnesty International report states that, according to a preliminary survey of print and online media in Argentina “at least 120 women died in Argentina in 2008, at the hands of their partners, their former partners, or member of their family.”

The report states that “just in the greater Buenos Aires, in the Ciudad Autónoma de Buenos Aires, help lines for domestic violence received 5,665 calls in the first semester of 2008”.

"These figures are proof of the government’s failure to protect women from violence and to help victims," commented Perceval.

Comunidad Segura spoke to Marita Perceval about the Argentine bill. She calls for a deep change in Argentinian culture that must be introduced at every level of government, and she is optimistic - she is certain that the bill will become a watershed in the history of women in Argentina.

Tell me about the setting for this bill on violence against women

The UN Secretary has stated that this year the eradication of all forms of violence against women has become absolute priority, and this form of violence has been defined in the United Nations as the “social epidemic of the 21st century”.

This (vulnerability) is based on the unequal relations and asymmetric conditions of men and women in various societies, with varying degrees of intensity, but it is true around the world that women are still victims of discrimination, and inequality.

What led you to decide to take up the cause and champion the bill in Argentina?

We cannot make a direct comparison of the situation in Argentina with data from other areas in the region, but we believe there is vulnerability in face of the state, because the policies directed to the prevention, eradication and suppression of violence against women is fragmentary.

Why?

The conclusions arrived at the meeting in Belém do Pará, and other pieces of legislation here and there, among them specifically Brazil’s model” Lei Maria da Penha” law that proposes to “Eradicate all forms of violence against women”, these initiatives resulted in bringing greater transparency to violence that was to a certain point reproduced by the state, forms of violence that were not circumscribed to domestic violence or to family circles.

Although in the 1980’s there was some progress, in making “what is private, public”, and in determining that certain forms of daily violence against women should be characterized as crimes, from that point to today there were no great strides taken in recognizing the various forms of violence against women.

Give me a few examples covered in the new law

There are those that touch on the labor relations, those that touch on the media, on institutions, on the various social spaces in the various types of violence, this is to say, not only physical aggression but psychological, moral, sexual and obstetric violence, violence to the sexual and reproductive health of women- these forms of violence had been met with silence in every day life and in many cases, were ignored by public policy.

You mention the Amnesty International report on violence against women in Argentina, what did it say?

Amnesty international pointed out data that was well known but not officially recognized. Every three days a woman is killed in Argentina by a man known to the victim. That is to say, by a husband, by a current or former partner. This was not taken from official statistics, because there are no official data on this. Amnesty International gathered the data from the media.

Why is this bill a step forward?

Firstly it defines what we mean when we say “Forms of violence against women”, strictly according to the definition arrived at in Belém do Pará. Secondly we recognize the various forms of violence. There are conservative sectors of society who believe that when we discuss women’s rights we are talking about abortion, and have thus moved to block the new law. However there are two very specific issues: one is the recognition in law of the forms of violence against women who exercise their sexual and reproductive rights. One aspect for example that we were successful in passing was the crime against mothers when giving birth, based on a law I helped to pass on “humane delivery”. But one important aspect of the new law to me is the issue of rape within marriages. 

Will the provinces enforce the law, or will it, as so many other laws, remain on paper?

This law is compulsory to all provinces. It works much like environmental laws that determine certain minimal standards that must be respected. It also establishes guidelines for public policy and standard procedures for the design and development of public policy that targets the prevention and eradication of all forms of violence against women. All provinces and the national state (in its three powers) must adhere to the criteria and principles of this national law.
You mentioned that there are no records being currently compiled on violence against women.

How does the new law change this?

The new law establishes a single report for victims of violence. This is to say that if a crime takes place in the health system, or at a school, the information must be entered into the national system of victims of violence (Registro Único Nacional de Víctimas de Violencia). What we need is more research on the causes and contexts of violence against women. I think it will also play an important role in showing the asymmetric relations between men and women that provide the foundation for these acts of violence.

We are often surprised at violence in our cities or in the growth of crime. But hardly ever do we consider that in our country women are 520% more likely to be victims of gun violence in the home than men.

Will the complaints grow?

I must stress one thing: even when no formal complaints are made, state workers who approach cases of violence are under an obligation to acknowledge and report the violent act. Another important concept covered in this law is the right to economic independence of women.

What are the implications in recognizing this right?

It implies in the right that women have to stand on their own two feet economically, it means access to credit, even if she is not yet in the job market, she has the right to job training, and guarantees for inclusion in the workforce. And if she is a working woman, she must be guaranteed dignity in her work conditions. Her personal or family property must be protected, her privacy must be respected. Definitively I believe we have a great deal of work before us for this law can contribute towards changing the violent reality of women in Argentina.

What other aspects does the law change?

This was one very successful aspect of the law in Brazil. It is now expressly forbidden across Argentina to hold face to face conciliation meetings between aggressors and their victims. When a woman suffers violence the situation will not be resolved through a meeting of conciliation. The point is to recognize the equal stand between both parties and to arrive at a peaceful solution of their problems.

A PDF of the Law, in full (in Spanish)