Domestic violence in Chile

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Domestic violence in Chile (locally referred to as violencia intrafamiliar) is a prevalent problem as of 2004. [1] Domestic violence describes violence by an intimate partner or other family members, regardless of the place the violence occurs. [2]

Contents

Extent

Violence against women was prevalent across all classes of Chilean society by 1994. [3] As of the early 1990s, it was reported that domestic violence affects about fifty percent of the women in Chile. [3] All socioeconomic classes are affected by domestic violence, with some groups having higher rates of domestic violence than others. Consistent with these findings, a 2003 Chilean national survey indicated that 25–30% of female homicides occur at home. [4]

A 2004 Chilean National Women's Service (SERNAM) study reported that 50 percent of married women had suffered spousal abuse, 34 percent reported having suffered physical violence, and 16 percent reported psychological abuse (2007). Between January and November 2005, 76,000 cases of family violence were reported to the police; 67,913 were reported by women, 6,404 by men, and approximately 1,000 by children. [5] Women are clearly the most likely to become victims of domestic violence, but other members of the household are also at risk for victimization.

It has been acknowledged that there has been a long history of sex abuse in the country's Catholic Church as well. [6] [7]

Nature of domestic violence

Domestic violence can be physical, psychological, emotional, verbal, or sexual. Men or women may be the offender, but research indicates that women suffer disproportionately from abuse by their male partners. [8] Throughout history, women have been viewed by society as subordinate to men, leaving them susceptible to abuse by their male partners. Additionally, the home has been viewed as an essentially private institution, impeding lawmakers from moving forward with policies against domestic violence. With many choosing to look the other way when they learn of domestic violence, this problem persists and can be difficult to address. It is a common idea that outsiders, specifically lawmakers, should not interfere with such private matters as violence in the home. Growth of the women's movement in Chile, as elsewhere, has helped raise awareness and created concern at an international level. [8]

Contributing factors

Economic factors

Among the contributing factors to domestic violence are household factors, community and societal factors, and individual factors. Household factors include size, density and violence history. Community and societal factors include media violence, poverty level, crime rate, and environmental conditions. Lastly, individual factors are educational level, gender, age, and employment status. [9] A 1999 study conducted by psychologists found that violence is a learned behavior and is passed down through generations. Exposure to violence in early childhood increases the risk for an individual to become violent in their own home. [10]

In 2004, 44% of the Chilean population was living in poverty, and studies have shown that low socioeconomic status and stressful life events are positively correlated with domestic violence. Additionally, a 2003 study found that poverty, and escalation of negative life events that typically accompany poverty, increase Chilean women's vulnerability to domestic abuse. [1] So, while domestic violence occurs in all classes, it is more prevalent among poor households. In Chile, it has been found that families who experience domestic violence are usually isolated and lack supportive ties among the communities in which they live. [4]

The geographic concentration of poverty in Chile, with regard to the socioeconomic opportunities and risk behaviors of marginalized families living in disadvantaged neighborhoods, has been linked to higher rates of domestic violence. [11] In other parts of the world, there is some recent evidence to support reduced violence in cases where women own assets. Owning land or a house signifies a woman's option to exit a violent relationship and deters marital violence. [12] In Chile, married women and men have equal rights to their assets upon divorce or if a spouse dies. [13]

In rural Chile, inheritance is the principal way in which land is acquired by both men and women, whether the land has titles or not. Sometimes women cannot claim their inheritance to land without titles because the cost of legal documents is too high. [13] The same effects on domestic violence have not been seen by female employment alone, since owning a home or land offers an immediate escape option. Land ownership can be empowering for women, a factor that, on its own, has been shown to reduce domestic violence. [12] As these factors intersect, the risk for women is compounded and they become more susceptible to domestic violence.

Cultural factors

Until 1989, the Civil Code of Chile legally sanctioned husbands’ ownership and authority over their wives, [1] giving men power over their female partners and leading to abuse within the home. This power dynamic created by cultural beliefs can be seen around the world and is not isolated to Chile. The belief that Chilean women are more tolerant of male violence than other women has hindered policymakers from moving forward against domestic violence. [3] This belief leaves Chilean women unprotected and trapped within abusive homes. Because events occurring in the home have been viewed as private family matters, historically, domestic violence has been socially and culturally accepted in Chilean society. [4]

The secrecy that has protected these offenders is exemplified by research results from 2004 that reported that 30% of women from the Region de la Metropolitana and 21% of women from the Region de la Araucania had not told anyone about their experiences with domestic abuse. [1] The combination of these beliefs has allowed Chilean society to turn a blind eye to the domestic violence problem that plagues their communities. These myths are slowly coming to light as attitudes change and a movement against domestic violence has begun among Chilean women. [3]

Traditional marriage and family are very important in Chilean culture. Because of this, many Chilean women are encouraged to stay in abusive relationships and marriages because there is a stigma against divorce and being single, especially if a woman has children with the abusive spouse or partner. [14]

Economic impacts

Domestic violence impacts the Chilean economy directly and indirectly. Chile has low levels of female labor force participation. A 2011 study found that while about 75% of U.S. women are engaged in paid employment, 43% of women in Chile are engaged in paid employment. [15] More sick days are taken by battered partners, decreased household productivity, and increased healthcare costs. Increased healthcare costs are attributed to emergency room visits, mental health services, medication, and physical therapy (2011) . [16] Criminal justice and social services costs increase with high rates of domestic violence, but studies have found that programs aimed at intervening in or preventing domestic violence are highly cost-effective. [17]

Direct impacts

The economy of Chile is impacted by domestic violence in several ways. These costs include increased expenditures on medical treatment, police services, criminal justice system, and social services. [2] Injury from abuse leads to more emergency room visits, hospitalizations, and treatment for sexually transmitted diseases. [2] More time is spent by law enforcement responding to domestic violence calls, and criminal justice system costs are increased due to domestic violence court cases, which can lead, in turn, to prison costs. [2]

Indirect impacts

With increased domestic violence rates, earnings are lower, productivity at work decreases, and labor market participation declines. [2] A 1999 study conducted in Santiago, Chile, found that abused women were less likely to work outside the home. [18] Another study based in Santiago, conducted in 2000, estimated that women who did not suffer physical violence earned an average of US$385 per month while women who faced physical violence at home earned only US$150 per month. [2] This study displays the severe economic effects of domestic violence in the home.

Impacts on Women

Mental and Psychological Impacts

Domestic abuse harms women mentally and psychologically in Chile. Some impacts that domestic abuse has on a woman's mental health in Chile includes Depression and PTSD. Depression is very common among Chilean women because it is linked to physical and sexual violence. Chilean women also experience PTSD because of abusive households and from significant others who are violent. [1]

Policy responses

Background

The Chilean legal system has traditionally been very weak on family violence, due to structural problems, resulting from the failure to label domestic violence as a crime and the failure to prosecute domestic violence under general assault statutes. [3] A study conducted in 1990 in Chile showed that 83.3% of battered women's injuries were classified as ‘light injuries’ and were only punishable as a misdemeanor. Acts of violence that would otherwise be severe crimes under the law, when occurring within the home were passed as ‘light injuries’ and minimal punishment was pursued. [3]

Chilean National Ministry for Women (SERNAM)

The Chilean National Ministry for Women (SERNAM, Servicio Nacional de la Mujer) addresses the Chilean legal systems’ treatment of domestic violence cases. [3] SERNAM is responsible for developing preventative and remedial programs. They have opened offices across the country, providing legal and therapeutic assistance for victims of domestic violence. [4]

In 1997, SERNAM issued a detailed set of policy proposals to assure rural women equality of opportunity, a product of consultative process. [19]

Michelle Bachelet was the first female president of Chile, leading the country between 2006 and 2010. During her presidency, Bachelet increased the budget of the National Women's Service (SERNAM) and helped the institution gain funding from the United Nations Development Fund for Women. [20] At the end of 2006, there were 29 government and private centers to attend to victims of intrafamily violence. During 2006, the SERNAM partnered with NGOs to conduct courses on the legal, medical, and psychological aspects of domestic violence for police officers and judicial and municipal authorities. [5] This intensive training program by SERNAM has increasingly allowed many Chilean police to provide effective assistance in domestic violence cases. [3] SERNAM has been active in advancing the domestic violence legislation (see below).

Domestic violence law of 1994

The Intrafamily Violence Law passed in 1994 was the first political measure to address violence in the home, but because the law would not pass without being accepted by both sides, the law was weak in the way it addressed victim protection and punishment for abusers. [20] The law was later reformed in 2005. [21]

Medical personnel

Another barrier is posed by the Chilean medical personnel, which has been criticized for continuing to mistreat victims of domestic violence and to minimize injuries, even though today they are required by law to report known cases of physical assault to the criminal justice system. [3]

Child sex abuse law of 2019

In 2019, amid the ongoing sex crisis in Chile's Catholic Church, legislation was passed removing the statute of limitations on reporting sex abuse against children throughout Chile. [22] [23] The legislation, which is not retroactive, was first proposed in 2010. [22]

See also

Related Research Articles

Psychological abuse, often called emotional abuse, is a form of abuse characterized by a person subjecting or exposing another person to a behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder.

Sexual violence is any harmful or unwanted sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, regardless of the relationship to the victim. This includes forced engagement in sexual acts, attempted or completed acts and occur without the consent of the victim. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.

<span class="mw-page-title-main">Femicide</span> Murder of women or girls because of their gender

Femicide or feminicide is a term for the hate crime of systematically killing women, girls, or females in general because of their gender and/or sex. In 1976, the feminist author Diana E. H. Russell first defined the term as "the killing of females by males because they are female." Femicides are more often perpetrated by men against women. This is most likely due to unequal power between men and women as well as harmful gender roles, stereotypes, or social norms. Though femicide is not purely male-perpetrated but can be female-perpetrated as well.

Domestic violence occurs across the world, in various cultures, and affects people across society, at all levels of economic status; however, indicators of lower socioeconomic status have been shown to be risk factors for higher levels of domestic violence in several studies. In the United States, according to the Bureau of Justice Statistics in 1995, women reported a six times greater rate of intimate partner violence than men. However, studies have found that men are much less likely to report victimization in these situations.

<span class="mw-page-title-main">Women in Chile</span> Overview of the status of women in Chile

The lives, roles, and rights of women in Chile have gone through many changes over time. Chilean women's societal roles have historically been impacted by traditional gender roles and a patriarchal culture, but throughout the twentieth century, women increasingly involved themselves in politics and protest, resulting in provisions to the constitution to uphold equality between men and women and prohibit sex discrimination.

Violence against women in Peru is defined as harassment or violence propagated against those who are born women. Intimate partner violence (IPV) is the most common form of gender-based violence that occurs though it can occur concurrently with sexual and emotional violence.

<span class="mw-page-title-main">Factors associated with being a victim of sexual violence</span>

One of the most common forms of sexual violence around the world is that which is perpetrated by an intimate partner, leading to the conclusion that one of the most important risk factors for people in terms of their vulnerability to sexual assault is being married or cohabiting with a partner. Other factors influencing the risk of sexual violence include:

<span class="mw-page-title-main">Domestic violence</span> Abuse of members of the same household

Domestic violence is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. Domestic violence is often used as a synonym for intimate partner violence, which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, financial abuse, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, honor killing, and dowry death, which sometimes involves non-cohabitating family members. In 2015, the United Kingdom's Home Office widened the definition of domestic violence to include coercive control.

<span class="mw-page-title-main">Domestic violence in the United States</span>

Domestic violence in United States is a form of violence that occurs within a domestic relationship. Although domestic violence often occurs between partners in the context of an intimate relationship, it may also describe other household violence, such as violence against a child, by a child against a parent or violence between siblings in the same household. It is recognized as an important social problem by governmental and non-governmental agencies, and various Violence Against Women Acts have been passed by the US Congress in an attempt to stem this tide.

The following outline is provided as an overview of and topical guide to domestic violence:

<span class="mw-page-title-main">Domestic violence in India</span>

Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.

Domestic violence is prominent in Nigeria as in other parts of Africa. There is a deep cultural belief in Nigeria that it is socially acceptable to hit a woman as a disciplinary measure. Cases of Domestic violence are on the high and show no signs of reduction in Nigeria, regardless of age, tribe, religion, or even social status. The CLEEN Foundation reports 1 in every 3 respondents admitting to being a victim of domestic violence. The survey also found a nationwide increase in domestic violence in the past 3 years from 21% in 2011 to 30% in 2013. A CLEEN Foundation's 2012 National Crime and Safety Survey demonstrated that 31% of the national sample confessed to being victims of domestic violence.

<span class="mw-page-title-main">Domestic violence in South Africa</span>

Domestic violence in South Africa has been viewed as a taboo subject until recently. In 2012, just over one-third of violent crimes committed against women ended in criminal prosecution. Legislation has been passed to help improve the quality of life for victims of abuse and to prevent further abuse from taking place. Although the movement against domestic violence is a relatively new movement, it has been making great strides in the country since the 1990s.

Domestic violence in China involves violence or abuse by intimate partners or family members against one another. Intimate partner violence (IPV) by the man is the most common type of domestic violence in China; a 2005 American Journal of Public Health report found that 1 out of 4 Chinese women had experienced physical violence from their partner in the past year. Although China acknowledged that domestic violence was a problem in the 1930s, it has only become a visible issue in the past few decades due to economic and social changes in the 1980s.

Domestic violence in Kenya constitutes any harmful behavior against a family member or partner, including rape, assault, physical abuse, and forced prostitution. Domestic violence in Kenya reflects worldwide statistics in that women are the overwhelming majority of victims. Over 40% of married women in Kenya have reported being victims of either domestic violence or sexual abuse. Worldwide, over 30% of "ever-partnered women" aged 15 and older have experienced physical or sexual partner violence. The distinct factors and causes of this high percentage have often not been studied due to lack of data.

Domestic violence within lesbian relationships is the pattern of violent and coercive behavior in a female same-sex relationship wherein a lesbian or other non-heterosexual woman seeks to control the thoughts, beliefs, or conduct of her female intimate partner. In the case of multiple forms of domestic partner abuse, it is also referred to as lesbian battering.

The feminist pathways perspective is a feminist perspective of criminology which suggests victimization throughout the life course is a key risk factor for women's entry into offending.

<span class="mw-page-title-main">Domestic violence in same-sex relationships</span>

Domestic violence in same-sex relationships or intragender violence is a pattern of violence or abuse that occurs within same-sex relationships. Domestic violence is an issue that affects people of any sexuality, but there are issues that affect victims of same-sex domestic violence specifically. These issues include homophobia, internalized homophobia, HIV and AIDS stigma, STD risk and other health issues, lack of legal support, and the violence they face being considered less serious than heterosexual domestic violence. Moreover, the issue of domestic violence in same-sex relationships has not been studied as comprehensively as domestic violence in heterosexual relationships. However, there are legal changes being made to help victims of domestic violence in same-sex relationships, as well as organizations that cater specifically to victims of domestic violence in same-sex relationships.

Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.

Domestic violence in South Korea is the mental, physical, verbal or sexual abuses or crimes of violence committed towards a victim in a domestic setting of marital relations and cohabitation. Domestic violence describes violence towards a domestic partner, towards children and between siblings. According to the Domestic Violence Survey of South Korea in 2010, elder abuse was estimated to be 10%, physical abuse accounted for 2.2%, emotional abuse 9%, economic abuse 1.2%, and neglect 2.5%. Marital violence has been the most prevalent form of family violence in South Korea. One out of six couples in South Korea had more than one episode of physical violence from their spouse.

References

  1. 1 2 3 4 5 Ceballo, R., Ramirez, C., Castillo, M., Caballero, G. A. and Lozoff, B. (2004), "Domestic Violence and Women's Mental Health in Chile". Psychology of Women Quarterly, 28: 298–308. doi: 10.1111/j.1471-6402.2004.00147.x
  2. 1 2 3 4 5 6 Khan, M. (2000). "Domestic violence against women and girls" (PDF). Unicef. Innocenti Research Centre.{{cite journal}}: Cite journal requires |journal= (help)
  3. 1 2 3 4 5 6 7 8 9 Culliton, K. M. (January 1994). "Legal remedies for domestic violence in Chile & the US--Cultural relativism, myths & realities". Case Western Reserve Journal of International Law. Archived from the original on 2018-12-19. Retrieved 2018-04-23.
  4. 1 2 3 4 Arón, A. M.; Lorion, R. P. (2003). "A case report of a community-based response to domestic violence in Chile". American Journal of Community Psychology . 31 (6): 561–579. doi:10.1002/jcop.10069. hdl: 10533/197288 .
  5. 1 2 Report on Human Rights Practices 2006: Chile. United States Bureau of Democracy, Human Rights, and Labor (March 6, 2007). This article incorporates text from this source, which is in the public domain.
  6. ↑ "Nuncio linked to controversial appointments leaves Chile; in Nicaragua, government targets Church".
  7. ↑ Carmona López, Alejandra (9 September 2015). "Los correos secretos entre Ezzati y Errázuriz y el rol clave de Enrique Correa en las operaciones políticas de la Iglesia". El Mostrador (in Spanish). Retrieved 26 October 2019.
  8. 1 2 Frost, M. (1999), Health visitors’ perceptions of domestic violence: the private nature of the problem. Journal of Advanced Nursing, 30: 589–596. doi: 10.1046/j.1365-2648.1999.01128.x
  9. ↑ Fruhling, H. H., Tulchin, J. S., & Golding , H. (2003). Crime and violence in Latin America: Citizen security, democracy and the state. Woodrow Wilson Center Press Series Crime and Violence in Latin America .
  10. ↑ Walker, L. E. (1999). Psychology and domestic violence around the world. American Psychologist, 54, 21-29.
  11. ↑ Kim, H., Grogan-Kaylor, A., Han, Y., Maurizi, L., & Delva, J. (2012). The Association of Neighborhood Characteristics and Domestic Violence in Santiago, Chile. Journal of Urban Health, 1-15.
  12. 1 2 Panda, P., & Agarwal, B. (2005). Marital violence, human development and women’s property status in India. World Development, 33(5), 823-850.
  13. 1 2 "Women, business, and the law: creating economic opportunity for women". The World Bank. 2011. Retrieved 18 March 2012.
  14. ↑ Parson, Nia C. “‘Single women are bitter”: “the gendered production of affective states in Chile.” Gender in Cross-Cultural Perspective, edited by Caroline Brettell and Carolyn F. Sargent, Seventh ed., Routledge, 2017, pp. 357–370.
  15. ↑ Torche, F.(2010). Educational Assortative Mating and Economic Inequality: A Comparative Analysis of Three Latin American Countries. Demography 47(2), 481-502. Population Association of America. Retrieved April 13, 2013, from Project MUSE database.
  16. ↑ Community costs of domestic violence. (2011, July 19). Retrieved from http://www.stopvaw.org/community_costs_of_domestic_violence
  17. ↑ Day, McKenna, and Bowlus, The Economic Costs of Violence against Women, 14, 44.
  18. ↑ Morrison, A. R., & Orlando, M. B. (1999). Social and economic costs of domestic violence: Chile and Nicaragua. Too close to home: domestic violence in the Americas .
  19. ↑ Empowering Women: Land and Property Rights in Latin America. By Carmen Diana Deere and Magdalena León de Leal. Pittsburgh: The University of Pittsburgh Press, 2001.
  20. 1 2 Haas, Liesl (2010). Feminist Policymaking in Chile. University Park, Pennsylvania: The Pennsylvania State University Press.
  21. ↑ "Observatorio de Igualdad de Género" (PDF).
  22. 1 2 Miranda, Natalia A. Ramos (11 July 2019). "Chile removes statute of limitations on child sex abuse amid Church crisis". Reuters.
  23. ↑ "Chile removes statute of limitations on sex abuse cases". 12 July 2019.
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