 | This article needs to be updated.(March 2020) |
Violence against women is an entrenched social problem in Ukrainian culture engendered by traditional male and female stereotypes. [1] [2] It was not recognized during Soviet era, but in recent decades the issue became an important topic of discussion in Ukrainian society and among academic scholars.
Nuzhat Ehsan, UN Population Fund representative in Ukraine, stated in February 2013 that "Ukraine really has an unacceptable level of violence, mainly by men and mainly due to [the] high level of alcohol consumption". He blamed loopholes in the legislation as contributing to the problem of domestic violence, stating, "You can violate women and still if you are a high-level official or from a high-level official family, you can get away with it". [3]
In the view of traditional moral norms the Ukrainian women are supposed "to be beautiful and to be a mother". Moreover, the gender traditions in Ukraine tend to restrict women from holding positions of political power, while standards of male behaviour include being protective of women. The war in Donbas, which started in 2014, reinforced the separation of gender responsibilities. [4] The UN [ who? ] stated that Ukrainian women living in the conflict zone were at significant risk due to weak law enforcement, high concentration of military groups and proliferation of weapons. [5]
In 2015, the Office of the United Nations High Commissioner for Human Rights expressed deep concern about the rapidly worsening situation with violence against women in Ukraine. [6] According to the OSCE, in 2018, violence towards women was widespread in Ukraine and was associated with three times more deaths than the war in Donbas. [7]
Following the 2022 Russian invasion of Ukraine, numerous accounts of violence and sexual violence against women in Ukraine emerged, including assault, torture, rape and gang-rape. [8] [9]
According to a UN Report in 2013, around 45 percent of Ukraine's population of 45 million suffered violence – physical, sexual or mental – and most of them are women. [3] From the historical point of view,[ when? ] the problem of violence against women in Ukraine was traditionally kept silent. As of 2013 [update] , there were not many sources of official statistics on sexual violence in Ukraine. Mass media were unsure of how to approach the issue, the authorities did not know how to deal with it and Ukrainian society as a whole was not prepared to end the violence. [10] As a result, all national anti-violence efforts relied on considerable support from Western donors. [11] The recorded data also demonstrates that the observed incidence of sexual violence against women is strongly underestimated due to a combined influence of tradition and personal shame. [12]
In Ukraine domestic violence towards women has a long history. There is evidence that the model of male aggression directed towards women is transferred from generation to generation. Recent studies reveal that violence against women is not limited to any particular segment of the Ukrainian population and occurs across all social layers. There are not many Ukrainian women who have achieved economic independence and own their own home. [13] As of 2017 [update] , violence against women remained a hidden problem. The War in Donbas led to an increase in prevalence. [14]
In early 2020 there were very few women's shelters in Ukraine. [15]
The sexual exploitation of women is also a broad and serious problem in Ukrainian society. This issue consists of women's trafficking on the transnational markets and coercive prostitution. It comes up as a result of many factors including the impoverishment of significant part of population, soft pornography widely used by Ukrainian mass media to catch an attention of customers, and so on. Statistical data reported by NGOs in 2000 state that up to one third of young jobless Ukrainian women have been involved to some degree in illegal sex business activities. [16]
A survey of young Ukrainian girls performed by All-Ukrainian Committee for the Protection of Children reveals that a sexual abuse of them accounts for high proportion of the abuse victims. For example, it was reported that one Ukrainian girl out of three had experienced sexual harassment, one out of five had suffered physical sexual abuse, one out of ten had been raped. Criminal statistics reports that 55% of registered sexual assaults in Ukraine are directed towards youth under 18, and 40% of them or 22% in total - towards children under 14. [17]
Ukraine signed the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence – better known as the Istanbul Convention – in 2011. [18] After 11 years of political debate, the Verkhovna Rada voted in favour of its ratification (259 votes against 8) on 20 June 2022. [18] Ukraine submitted its instrument of ratification on 18 July 2022, meaning the Convention will enter into force in Ukraine on 1 November 2022. [19]
Since 6 December 2017, committing sexual acts involving another person's body without that person's voluntary sexual consent is punishable as 'rape' or 'sexual violence' under Ukrainian law. [20] As of August 2022, Article 152 of the Criminal Code of Ukraine states: 'Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances.' [21] Article 152(1) stipulates: 'Committing sexual acts involving vaginal, anal or oral penetration into the body of another person using the genitals or any other item, without the voluntary consent of the victim (rape) – shall be punishable by imprisonment for a term of three to five years.' [21] Article 153(1) stipulates: 'Committing any sexual violence, not related to the penetration into another person's body, without the voluntary consent of the victim (sexual violence) – shall be punishable by imprisonment for a term of up to five years.' [21] Paragraph 4 of both articles determines that people below the age of 14 are deemed incapable of consenting, and that punishment for the perpetrator in such cases is more severe. [21]
The current legislation, including the importance of consent (Ukrainian : згода, romanized: zhóda), was adopted following amendments of the Criminal Code on 6 December 2017 'in order to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence' (Istanbul Convention). [20] The previous text of the Criminal Code of Ukraine, as adopted in 2001, had coercion-based definitions of rape and sexual violence, with Article 152(1) stating: 'Rape, that is, sexual intercourse with the use physical violence, threat of its use or with taking advantage of the helpless state of the victim – is punishable by imprisonment for a term of three to five years.' [22] Article 153 was originally titled "Violent gratification of sexual passion in an unnatural way", and paragraph 1 defined this as: "Satisfaction of sexual passion in an unnatural way with application of physical violence, threat of its application or with the use of helpless condition of the victim – shall be punishable by imprisonment for a term of up to five years." [22]
In February 2019 domestic violence was made a criminal offense in Ukraine meaning perpetrators could be fined, or sentenced to community service or a prison sentence. [15] Previously perpetrators could be subjected to a maximum of administrative punishment. [15]
The war in Ukraine has precipitated a crisis with particularly severe impacts on women and girls. Since the start of the 2022 Russian invasion, there has been a significant increase in gender-based violence, including domestic violence and trafficking. The destruction of infrastructure has severely limited access to essential services for survivors, heightening the challenges they face. Amidst these conditions, nearly 18 million Ukrainians are in dire need of aid, with human rights abuses, especially acts of sexual violence, increasing and necessitating urgent investigation and support for survivors. It is critical for women to be included in decision-making processes related to conflict resolution, prevention, and peace-building to address the unique burdens they face and ensure comprehensive support and security for all affected individual. [23]
In the first five months of 2023, the Ukrainian National Police reported a significant 51% surge in domestic violence cases, with figures reaching 349,355, up from 231,244 during the same timeframe in 2022, and 190,277 in 2021. [24] This alarming rise is attributed to increased stress, economic hardship, unemployment, and trauma stemming from the war. A notable case is the city of Dnipro, which has become a central hub for individuals fleeing the fighting, where a relief center run by the government and the United Nations Population Fund (UNFPA) has provided support to hundreds of survivors, predominantly women. However, the actual incidence of domestic violence is believed to be higher than reported, as only a fraction of survivors file complaints with the police. The redirection of state resources from gender-based violence prevention to defense, coupled with stretched state budgets, raises concerns about the capacity to address and prevent violence effectively. This situation highlights the enduring challenges that will likely persist and potentially worsen as the invasion continues. [25]
Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances.
Зґвалтування, тобто статеві зносини із застосуванням фізичного насильства, погрози його застосування або з використанням безпорадного стану потерпілої особи, - карається позбавленням волі на строк від трьох до п'яти років. (...) Стаття 153. Насильницьке задоволення статевої пристрасті неприродним способом 1. Задоволення статевої пристрасті неприродним способом із застосуванням фізичного насильства, погрози його застосування або з використанням безпорадного стану потерпілої особи - карається позбавленням волі на строк до п'яти років.
Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and doesn't always involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized. However it is repudiated by some more conservative cultures.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The age of consent for sex outside of marriage varies by jurisdiction across Europe. The age of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – varies between 14 and 18. The majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by reclusión perpetua when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years.
As sexual violence affects all parts of society, the responses that arise to combat it are comprehensive, taking place on the individual, administrative, legal, and social levels.
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe opposing violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators.
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.
Marital rape is illegal in all 50 US states, though the details of the offence vary by state.
Women in Brunei are women living in Brunei Darussalam. The U.S. Department of State has stated that discrimination against women is a problem in Brunei.
Crime is present in various forms in the Philippines, and remains a serious issue throughout the country. Illegal drug trade, human trafficking, arms trafficking, murder, corruption and domestic violence remain significant concerns.
The Federated States of Micronesia is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216. Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR). Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.
Violence against women includes physical, psychological, emotional, and sexual abuse of women, predominantly by men. The most common form of violence is domestic violence. Malaysia rated 0.681 under the Global Gender Gap Report 2022 and ranked 103rd out of 146 countries.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.
Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.
Violence against women by country | ||
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| Africa |  | |
| Asia | ||
| Americas | ||
| Europe | ||
| Oceania | ||
| Transcontinental | ||