Violence against women in New Zealand

Last updated

Violence against women in New Zealand is described as the kinds of violence disproportionately affecting women compared to men, due to factors of ongoing gender inequality in society. [1] The New Zealand government and justice system view efforts to prevent and deal with violence against women as a priority of New Zealand legislation and the criminal justice system. [2]

Contents

Sexual offending costs the New Zealand economy approximately $1.2 billion NZD each year. [3]

Incidence of violence against women

Sexual violence

1 in 3 women in New Zealand are estimated to have experienced physical and/or sexual violence from a partner in their lifetime. [4] Further, sexual assault is considered to be a less serious crime compared to other forms of interpersonal violence, where only 15% of victims believed sexual assault was a crime according to the 2019 New Zealand Crime and Victims Survey (NZCVS). [5]

In the 2009 New Zealand Crime and Safety Survey (NZCASS), publishing survey data on crime that took place in 2008, sexual offences accounted for 5% of all offences reported in the survey. [6] [ needs update ] The New Zealand Police recorded crime for reported sexual offences in 2008 accounted for 1% of all offences. [6] [ needs update ] In the NZCASS, 45% of people who had experienced sexual offences considered the incident a crime, 31% considered the incident ‘wrong, but not a crime’, and 23% considered the incident as ‘just something that happens’. [6] Approximately one in four New Zealand women experience unwanted sexual contact in their lifetime, most often by someone known to them. [7] In New Zealand in 2008 there were 607 prosecuted cases for rape, of which just 29% resulted in convictions, compared with the 68% conviction rate for all offences. [8] [ needs update ] A Ministry of Justice discussion paper exploring improvements to sexual violence legislation reported that around 90 percent of rapes go unreported. [8] This makes it the least likely crime to be reported. [9] Of Police files coded as sexual violation of an adult between 1 July 2005 and 31 December 2007, 95% of violations were of females.[ undue weight? – discuss ] Of the perpetrators identified, 99% were male. [10] [ needs update? ][ undue weight? – discuss ]

Māori women

In February 2015 the New Zealand Ministry for Women released a report stating that Māori women are twice as likely as other New Zealand women to experience some form of violence. [11]

A government report in 2021 reveals that half of wāhine Māori have experienced sexual or physical violence, with young people making up two-thirds of sexual assault victims. [12] A new initiative called Te Hau Tangata, launched at Wharewātea Marae, seeks to address sexual harm and family violence. Led by Green Party co-leader Marama Davidson, the initiative adopts a whānau-led Te Ao Māori approach to transform the system. It aims to provide a safe platform for survivors to share their stories through anonymous feedback, community meetings, and family-led solutions, aiming to tackle long-standing issues of fragmented government agency efforts. [13]

Domestic violence

The Dunedin Multidisciplinary Health and Development Study, a longitudinal cohort study of 1037 people born in Dunedin during 1972–73, found that by age 21, 27 percent of female study members reported they had been physically abused by a partner and 22 percent of male study members reported they had perpetrated violence against their partner. However, in contradiction to many other reports, the Dunedin study also found higher rates of domestic violence against men than against women, with 34 percent of male study members reporting physical abuse by a partner and 37 percent of female study members reporting they had perpetrated violence against their partner. [14] More recently, the NZ Police crimes statistics database suggests that roughly 90% of all sexual assault victims over the age of 15 are female, [15] with a total of 29,643 victims, for the period July 2014 to August 2019.

Data is largely dependent upon reporting and recording practices, and is unlikely to accurately represent the incidence of domestic violence against women in New Zealand. [16] In 2013, there were 6749 incidents of ‘male assaults female’ recorded by the New Zealand Police, [16] and 2013 Protection Orders were granted by the Family Court. [16] Ninety percent of respondents named in Protection Order applications were male. [16] In 2013, the National Collective of Independent Women's Refuges received 81,720 crisis calls and 2940 women (and children) accessed safe house services. [16]

International Law

New Zealand's international treaty obligations require the state to submit periodic reports to the United Nations Human Rights Council under the Universal Periodic Review and to the Committee on the Elimination of Discrimination against Women. Under these obligations, New Zealand is required to uphold its commitments to international human rights, including women's rights, and is subject to the scrutiny and recommendations made by the periodic reviews.

Universal Periodic Review

New Zealand's Universal Periodic Review is conducted by the UN Human Rights Council and aims to improve the human rights situation of each of the 193 United Nations (UN) members and occurs every five years. [17]

The national report submitted by New Zealand in 2013 identified the reduction of violence within families and its disproportionate impact upon women and children as a key priority of the New Zealand Government. [18]

In the Report of the Working Group on the Universal Periodic Review for New Zealand, published in April 2014, mentioned the Government's commitment to eradicate the problem, including taking steps to reconvene the Family Violence Ministerial Group, the introduction of Police Safety Orders, expanding the definition of domestic violence to include economic and financial abuse, implementing the 2009 Action Plan for New Zealand Women, and implementation of recommendations on the Taskforce for Action on Sexual Violence. [19] Included in the report were recommendations from seventeen other states suggesting measures for the reduction of violence against women in New Zealand. [20] The New Zealand government accepted the majority of these recommendations and detailed the steps taken in carrying out the recommendations. [21]

Committee on the Elimination of Discrimination against Women

Under New Zealand's CEDAW obligations, New Zealand is required to submit periodic reports on the implementation of CEDAW to the Committee on the Elimination of Discrimination against Women (the Committee). New Zealand's most recent periodic report on its obligations under CEDAW was in 2010/2011. [22] Since 1989, it has been common practice for parties to CEDAW to include in their periodic reports to the Committee information on any legislation protecting women against all kinds of violence, measures adopted to eradicate violence, existence of support systems for women who are the victims of violence, and statistical data on women who are the victims of violence. [23] Furthermore, in 2010 the scope of Article 2 of CEDAW was described to include a due diligence obligation on states to prevent discrimination by private actors. [24]

Concluding observations of the Committee

In its concluding observations, issued in August 2012, the Committee expressed concern at "insufficient" statistical data on violence against Māori and migrant women, and women with disabilities. [25]

Organisations

The Ministry for Women is a government department that advises the government on women's economic independence, leadership, and safety from violence. [26] The Ministry for Women in New Zealand provides research publications on issues effecting women, including violence against women generally and its effect on particular groups of women. [27] New Zealand's international obligations in relation to the status of women are primarily managed by the Ministry of Women, and their role includes the promotion of consistency between international and domestic law protecting the interests and well-being of women. [28]

The Women's Refuge is a community support service that provides crisis line support, information, planning services, and education and training programmes on the prevention of violence against women in New Zealand. [29] Women's Refuge works to promote social discussion on domestic violence and to inform public debate. [30]

See also

Related Research Articles

<span class="mw-page-title-main">Convention on the Elimination of All Forms of Discrimination Against Women</span> International bill of rights for women

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.

Nauru is a small island country in the South Pacific. With a population of 13,649 it is the world's least populous independent republic. Nauru's government operates under its constitution, part two of which contains 'protection of fundamental rights and freedoms.' The Human Rights Council (UNHRC) carried out Nauru's Universal Periodic Review (UPR) in January 2011. The review was generally favourable with only a few areas of concern.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the Elimination of Discrimination against Women to hear complaints from individuals or inquire into "grave or systematic violations" of the convention. The Protocol has led to a number of decisions against member states on issues such as domestic violence, parental leave and forced sterilization, as well as an investigation into the systematic killing of women in the Mexican city of Ciudad Juárez, Chihuahua.

The Ministry for Women is the public service department of New Zealand charged with advising the government on policies and issues affecting women. It was formerly called the Ministry for Women's Affairs (MWA), but it was announced that the name would be changed to Ministry for Women in December 2014. The minister in charge of the department is the Minister for Women, currently Nicola Grigg.

<span class="mw-page-title-main">Crime in New Zealand</span> Overview of crime in New Zealand

Crime in New Zealand encompasses criminal law, crime statistics, the nature and characteristics of crime, sentencing, punishment, and public perceptions of crime. New Zealand criminal law has its origins in English criminal law, which was codified into statute by the New Zealand parliament in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.

<span class="mw-page-title-main">Human rights in New Zealand</span> Overview of the observance of human rights in New Zealand

Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.

<span class="mw-page-title-main">LGBT rights in Samoa</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT people. Same-sex sexual acts are illegal, punishable by up to seven years imprisonment, but the law is not enforced.

Tonga is a constitutional monarchy with a population of approximately 130,000. Politics and the economy are dominated by the king, the nobility, and a few prominent commoners. Economic, social and cultural rights are generally well respected. There are, however, a number of issues concerning protection of civil and political rights, particularly freedom of expression, and rights to political participation. Violence against women is a serious issue.

The Universal Periodic Review (UPR) is a state monitoring mechanism of the United Nations Human Rights Council (HRC). It was established by General Assembly resolution 60/251 in 2006 to periodically review the protection and promotion of human rights in each of the 193 United Nations (UN) Member States. New Zealand has been reviewed twice via the UPR in 2009 and 2014.

The Cook Islands are 15 small islands scattered over 2 million km squared of the South Pacific. According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.

The Republic of Vanuatu is a parliamentary democracy with a population of approximately 326.000. The Constitution of Vanuatu is supreme law and sets out the legal framework which deals with the respect of human rights.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

Labour rights in New Zealand are largely covered by both statute, particularly the Employment Relations Act 2000, and common law. The Ministry of Business, Innovation and Employment carries out most of the day to day administrative functions surrounding labour rights and their practical application in the state.

Gender equality is the notion that each gender should receive equal treatment in all aspects of life, and that one should not be discriminated based on their sex. Gender equality is a human right, which is recognised under the United Nations Universal Declaration of Human Rights.

Violence against women in Fiji is recognised to be "pervasive, widespread and a serious national issue" in the Pacific Island region. Fiji's rates of violence against women are "among the very highest in the world". The Fiji Women's Crisis Centre reports that 64% of women who have been in intimate relationships have experienced physical or sexual violence from their partner, including 61% who were physically attacked and 34% who were sexually abused.

The gender pay gap in New Zealand is the difference in the median hourly wages of men and women in New Zealand. In 2020 the gender pay gap is 9.5%. It is an economic indicator used to measure pay equality. The gender pay gap is an official statistic published annually by Stats NZ sourced from the Household Labour Force Survey.

Domestic violence in New Zealand, often called family violence or family harm is defined under New Zealand law as not only intimate partner violence but also violence against other family members, including children and extended family or whānau, as well as people living together in the same household, such as flatmates. It is estimated that one third of people in New Zealand have experienced intimate partner violence (IPV) within their lifetime, making New Zealand have the highest rate of domestic violence in 14 OECD countries. In 2020, New Zealand police responded to a domestic violence call every 4 minutes.

Forced marriage is the marriage of one person to another person without the consent of one or both of the parties. It is to be distinguished from an arranged marriage, where the parties do not select their partners but there is free choice to accept or decline the marriage. Forced marriage is widely recognised as a human rights abuse, with some commentators considering it a form of slavery.

Marital rape generally refers to non-consensual sexual intercourse between married spouses. In Singapore, there used to be a partial immunity for marital rape first introduced during British colonial rule because it was deemed not a criminal offence except when the wife is below 13 years of age or when any of the specific circumstances provided under section 375(4) of the Singapore Penal Code are satisfied. Since 1 January 2020, the law was repealed and its immunity lifted under the Criminal Law Reform Act 2019, criminalising marital rape.

References

  1. ↑ CEDAW General Recommendation 19 Archived 10 May 2015 at the Wayback Machine General Recommendation No. 19 (11th session, 1992), Paragraph 6.
  2. ↑ Committee on the Elimination of Discrimination against Women, Seventh Periodic Report of State Parties: New Zealand, 7 January 2011, CEDAW/C/NZL/7, p.7.
  3. ↑ TASV Summary Report Archived 17 January 2015 at the Wayback Machine Te Toiora Mata Tauherenga: Report of the Taskforce for Action on Sexual Violence – Summary, Ministry of Justice, 2009, p.2
  4. ↑ It's Not OK. "Statistics". It's Not OK. Archived from the original on 24 October 2020. Retrieved 26 October 2020.
  5. ↑ "New Zealand Crime and Victims Survey Key Findings" (PDF). May 2020. Archived from the original (PDF) on 5 March 2022.
  6. 1 2 3 NZCASS 2009 Archived 29 January 2015 at the Wayback Machine New Zealand Crime and Safety Survey 2009, Ministry of Justice, 2010, p. 32.
  7. ↑ TASV Summary Report Archived 17 January 2015 at the Wayback Machine Te Toiora Mata Tauherenga: Report of the Taskforce for Action on Sexual Violence – Summary, Ministry of Justice, 2009, p.2
  8. 1 2 WSANZ Conference 2010 "Connecting Women, Respecting Differences" Maxine Campbell, Carolyn Michelle and Rachel Simon-Kumar (eds), Women's Studies Association 3/2011, Wellington, p. 103.
  9. ↑ Elisabeth McDonald and Yvette Tinsley (eds) "From "Real Rape" to Real Justice: Prosecuting Rape in New Zealand" Victoria University Press, Wellington, 2011, p. 37.
  10. ↑ Data Summary 5: Adult Sexual Violence Archived 31 January 2019 at the Wayback Machine New Zealand Family Violence Clearinghouse, June 2014, p. 8.
  11. ↑ Wāhine Māori, Wāhine Ora, Wāhine Kaha: Preventing violence against Māori women. Archived 4 March 2016 at the Wayback Machine Ministry for Women. February 2015.
  12. ↑ "Report shows shocking rate of violence experienced by wāhine Māori". NZ Herald. 22 August 2023. Archived from the original on 21 August 2023. Retrieved 21 August 2023.
  13. ↑ "Shocking rate of violence against wāhine Maori - report". RNZ. 8 May 2021. Archived from the original on 21 August 2023. Retrieved 21 August 2023.
  14. ↑ Moffitt, Terrie E.; Caspi, Avshalom E. (July 1999). "Findings About Partner Violence From the Dunedin Multidisciplinary Health and Development Study" (PDF). National Institute of Justice: Research in Brief: 2. Archived (PDF) from the original on 11 December 2006. Retrieved 4 July 2016.
  15. ↑ "Victimisations (Demographics)". Archived from the original on 1 February 2020. Retrieved 2 December 2019.
  16. 1 2 3 4 5 Data Summary 2: Violence Against Women Archived 4 February 2016 at the Wayback Machine New Zealand Family Violence Clearinghouse "Data Summary: Violence Against Women", June 2014
  17. ↑ "Universal Periodic Review 2019". Archived from the original on 27 October 2020. Retrieved 27 October 2020.
  18. ↑ UPR National Report New Zealand, 2nd Cycle Archived 18 May 2015 at the Wayback Machine UN Human Rights Council, National Report: New Zealand, 8 November 2013, A/HRC/WG.6/18/NZL/1, p. 2.
  19. ↑ Report of the Working Group: New Zealand Archived 18 May 2015 at the Wayback Machine UN Human Rights Council, Report of the Working Group: New Zealand, 7 April 2014, A/HRC/26/3, pp. 4–5.
  20. ↑ Report of the Working Group: New Zealand Archived 18 May 2015 at the Wayback Machine UN Human Rights Council, Report of the Working Group: New Zealand, 7 April 2014, A/HRC/26/3, pp. 21–23.
  21. ↑ UN Human Rights Council, Report of the Working Group: Addendum, 26 May 2014, A/HRC/26/3/Add.1, pp. 6–7.
  22. ↑ The Status of Women in New Zealand Archived 18 May 2015 at the Wayback Machine , Ministry of Women's Affairs, The Status of Women in New Zealand: CEDAW Report 2010, Wellington, 2010.
  23. ↑ CEDAW General Recommendation 12 Archived 10 May 2015 at the Wayback Machine General Recommendation No. 12 (8th session, 1989).
  24. ↑ General Recommendation 28 Archived 18 May 2015 at the Wayback Machine , Committee on the Elimination of Discrimination against Women, General Recommendation No. 28, CEDAW/C/GC/28, p. 5.
  25. ↑ CEDAW Concluding Observations: New Zealand Archived 18 May 2015 at the Wayback Machine , Committee on the Elimination of Discrimination against Women, Concluding observations of the Committee on the Elimination of Discrimination against Women: New Zealand, 27 July 2012, CEDAW/C/NLZ/CO/7, p. 6
  26. ↑ "About the Ministry". women.govt.nz. 18 May 2012. Archived from the original on 18 October 2021. Retrieved 29 September 2021.
  27. ↑ "Ministry of Women – Publications". Archived from the original on 10 May 2015. Retrieved 29 April 2015.
  28. ↑ "Our work". women.govt.nz. 18 May 2012. Archived from the original on 18 October 2021. Retrieved 29 September 2021.
  29. ↑ "Women's Refuge New Zealand". Archived from the original on 10 February 2015. Retrieved 29 April 2015.
  30. ↑ "Women's Refuge Public Policy". Archived from the original on 18 May 2015. Retrieved 29 April 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.