April 2009 • Number 141 52041 A regular series of notes highlighting recent lessons emerging from the operational and analytical program of the World Bank‘s Latin America and Caribbean Region. Domestic Violence IS a Public Affair Strengthening Institutions to Promote Equitable Development and Combat Violence Against Women in Uruguay Jonna Lundwall, Teresa Genta Fons and Milena Sanchez de Boado Around the world, at least one out of three women is The 2005-2010 Country Assistance Strategy (CAS), beaten, coerced into sex, or otherwise abused during their which outlines the World Bank’s priorities for coopera- lifetime. Women are most at risk to suffer tion with the Government of Uruguay (GoU), states violence at home and from men they know, that despite being regarded as a socially progres- usually a family member, intimate partner sive society Uruguayan “women continue to suffer or spouse. A comprehensive analysis of from discrimination” (World Bank, 2005:32). The domestic violence in nine developing coun- main areas of discrimination identified in the CAS tries based on Demographic and Health are related to women’s labor market participation, Surveys shows that more than 40 percent of gender wage gaps, and domestic violence. Although women reported being victims of spousal GoU’s commitment to address domestic violence is or intimate partner abuse. (Kishor & John- recognized through substantive legal and adminis- son, 2004) The analysis also demonstrates trative reforms, the CAS notes that much remains that domestic violence directly impacts the to be done to improve victims’ access to the justice health and well-being of abused women. system. An example of this is that infant and mor- tality rates are higher among women who have been Bank Commitment to Work on Domestic Violence in Uruguay victims of violence than those who have not experienced In 2008, on average every 13 days a woman died in any form of violence. Uruguay as a result of domestic violence. According to the statistics published by the Violence and Crime Obser- While the numbers of victimization are alarming, the ac- vatory, a total of 10,680 cases of domestic violence were tual numbers may be even higher due to under-reporting. reported in Uruguay in 2007 which amounts to 46% of Among the reasons for under-reporting of gender based all reports filed on crime against persons. (GoU 2008) and domestic violence are: •• Many women are not reporting violent incidents when With the objective to promote and facilitate the in- asked in surveys; clusion of women in economic and legal processes, •• Health care facilities and police do not have appropri- Uruguay launched the World Bank-financed Project: ate and consistent systems in place for treating victims Strengthening Uruguay’s Justice Institutions for Equi- or recording this data; table Development in September 2004. Financed by a •• Women may fear that they will be victimized again if US$ 300,000 grant from the Institutional Development reporting the crime; and, Fund, the Project aimed to enhance the institutional ca- •• Many women do not know their legal rights or where pacity for strategic planning and inter-institutional co- to go to seek help, and even if they do, legal and judi- ordination and provided technical assistance throughout cial authorities sometimes do not take appropriate or the country’s five regions for the implementation of the timely action. 1. The Institutional Development Fund (IDF) is a World Bank grant instrument designed to finance quick, action-oriented, upstream capacity-building activities that are closely linked to the Bank’s policy dialogue and country assistance strategy. National Plan for the Eradication of Violence Against Women. Box 1. From Gender Based Violence to Domestic Violence Gender Based Violence (GBV), as defined by UNFPA, is The development of a strategic framework and aware- “violence involving men and women, in which the female is usually the victim; and which is derived from unequal pow- ness raising activities on the topic of domestic violence er relationships between men and women”. While GBV also was implemented by the Uruguayan National Women’s includes violence that disproportionately affects men, such Institute (INAMU). INAMU played an active role in as gang violence, the concept of Violence Against Women the design and implementation of the multidisciplinary (VAW) narrows it down to violence experienced by women. capacity building program that benefitted justice institu- The United Nations Declaration on the Elimination of Vio- tions as well as line ministries (e.g. health, education and lence Against Women (1993) defines VAW as: “Any act of interior), and civil society organizations. gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to Bringing the International Legal Framework to the National women, including threats of such acts, coercion or arbi- Legislation. trary deprivations of liberty, whether occurring in public or private life” (Art 1). The Convention of Belém do Pará The Convention on the Elimination of All Forms of Dis- (1994) adopts a similar definition of VAW, and goes further crimination Against Women (CEDAW) adopted in 1979 to include physical, sexual or psychological violence “that (and ratified by Uruguay in 1981) guarantees women occurs within the family or domestic unit or within any other interpersonal relationship” (Art 2). equal rights with men in all spheres of life, including education, employment, health care, suffrage, nationality, Other forms of violence against women recognized by the and marriage. It also includes a specific section on vio- UN Declaration on Violence Against Women include batter- lence. Given its role as one of the few global international ing, sexual abuse of female children, marital rape, forced instruments governing women’s rights, its reach goes be- pregnancy, forced abortion, and forced sterilization (Art. 2). According to UNIFEM, women are more at risk of experienc- yond political good-will at the moment of signing to the ing violence in intimate relationships than anywhere else. actual commitment of governments to adapt their national legislation to be in accordance with it. Its Advisory Com- mittee periodically reviews countries’ progress reports and 2002 the Uruguayan Domestic Violence Law declared can receive, consider and enquire governments for com- activities oriented towards the prevention, early detec- plaints from individuals or groups on violations of the tion, attention and eradication of domestic violence to be rights protected by the Convention. of national general interest (GoU 2002)2. The 1993 UN Declaration on the Elimination of Vio- These commitments translated into the first National lence Against Women for the first time provided a defini- Plan for the Eradication of Violence Against Women ap- tion of violence, and included psychological violence in proved by a presidential decree in 2004. The plan seeks the definition (see Box 1). In Latin America, the provi- to promote equality, tolerance and respect for diversity, sions set forth in this Declaration were further reinforced and aims to design and advance specific public policies by the Inter-American Convention on the Prevention, with the support from the recently created National Advi- Punishment and Eradication of Violence against Women, sory Council against Domestic Violence. also known as the “Convention of Belém do Pará” ad- opted at the General Assembly of the Organization of In 2004, and in response to the new policies and legisla- American States (OAS) in 1994 and ratified by Uruguay tive context, a parliamentary multiparty committee and in 1996. the Ministry of Foreign Affairs approached the World Bank to request support to comply with international While the legal framework in Uruguay recognizes that obligations to meet with delayed country reporting under all people are equal before the law and prohibits gender the Belem do Para and the CEDAW Conventions, and to discrimination in the work environment, the full integra- develop a coordinated inter-institutional response to pro- tion of the CEDAW principles is still pending. However, mote equitable access to justice for victims of violence since 1995 domestic violence has been incorporated in against women, especially domestic violence. the penal code and considered a crime. Furthermore, in 2. Another recent addition to the legal framework for women’s rights is the 2007 approved Law 18,104 on equality of opportunities and rights between men and women that establishes the legal basis for gender policies. 2 • April 2009 • Number 141 Strong Demand and Enabling Context Key to Project Success ment is not always accurate. Domestic violence against girls and women has long been considered a “private” The recent changes in the national legal framework and affair, a view that has contributed to serious gaps in pub- the reporting requirements provided an important en- lic policy-making and the lack of appropriate programs abling environment for the Project. Other factors that mo- to address it. A focus on domestic violence is important tivated the request were the delays in submitting country because it challenges public institutions to intervene in reports to the UN and OAS, the weak inter-institutional the private realm, and act on what tends to be a hidden coordination among agencies dealing with VAW and un- problem not restricted to a certain age bracket, class, so- satisfactory response by the judiciary. cial group, or religious affiliation. It is also important to recognize that domestic violence not only poses a serious The inclusive broad-based consultation process in the threat for women’s health and lives, but also imposes sig- preparation of the Project aimed to ensure ownership and nificant social and economic costs. commitment of key stakeholders. It also proved to be crucial for the Project’s adequate design, effective imple- The project Strengthening Uruguay’s Justice Institutions mentation and sustainability. for Equitable Development promoted an inter-institution- al and multidisciplinary approach to the treatment of vio- Another enabling factor was the original appointment of lence against women and has facilitated increased access the Ministry of Foreign Affairs’ Directorate of Human to justice for women in Uruguay. This project has served Rights as the Project’s executing agency. The Directorate to highlight domestic violence as an important develop- had a clear mandate to coordinate the country’s efforts to ment and human rights issue and to assist key stakehold- promote a national strategy to address violence against ers in addressing the problem. It is one of several initia- women and the effective implementation of a plan to pre- tives in Uruguay that has increasingly brought domestic vent, address and enforce national laws and international violence out into the public agenda. conventions. When the new administration confirmed its commitment to the Project in 2006, a task force was Other positive recent developments in Uruguay include: created to transfer the execution of the Project to the •• The formation of groups like Mujeres de Negro newly created agency responsible for women’s issues (“women in black”) that meet regularly in the (INAMU)3. municipality of Montevideo to publically denounce domestic violence and raise awareness on the matter; INAMU provided new opportunities to target parliamen- •• The inclusion of a class on “gender and domestic tarians and other entities through research projects, iden- violence” in the mandatory curricula in the training tification of legal reform needs and diagnostic tools, etc. of police in Uruguay (starting in 2009), which The synergy of the Project with some of the objectives will train police officers to deal with victims of of the National Plan for Equal Opportunities assisted domestic violence following concrete procedural INAMU in establishing its institutional role as the lead guidelines; and, agency for gender mainstreaming and the eradication of •• The creation of the first government administered violence against women. and financed shelter for victims of domestic violence. The Project results exceeded the initial objectives, includ- ing the active involvement of the Supreme Court, as well While initiatives that respond to domestic violence and as municipal and local government agencies in the ca- other forms of violence against women are crucial to im- pacity building activities. The main achievements of the prove their health and well-being, there is also an urgent Project are outlined in Table 1. need for increased efforts on preventive measures with targeted interventions including both men and women Domestic Violence IS a Public Affair before women become victims. Policies and actions to The fact that women are more at risk of experiencing reduce domestic violence need to provide an integrated violence in intimate relationships than anywhere else framework that includes both prevention and response to demonstrates that the notion of a ‘safe’ home environ- the problem. 3. The Vazquez administration restructured the former Institute for Women and the Family operating within the Ministry of Education and Culture to an institution exclusively dealing with women’s affairs and reassigned it under the newly created Ministry of Social Development. The Project and IDF Grant Agreement were restructured in 2006 to reflect the needs of the new administration and GoU’s strategic re-establishment of INAMU. April 2009 • Number 141 • 3 Table 1. Main Results of the Project Strengthening Uruguay’s Justice Institutions for Equitable Development Achievement Description Improved dialogue and •• Design and implementation of a national multidisciplinary capacity building program with partici- collaboration among pants appointed by Ministries of Interior, Health, Education and the Justice Sector; the three branches of •• Diagnosis of the legal framework related to domestic violence; government on the •• Development of proposed legal reform agenda for parliamentarians; and, National Strategy to deal •• A country-wide consultation process for the development of the first National Plan on equal oppor- with domestic violence. tunities and rights and for the implementation of the National Plan to combat violence. Capacity development of •• Creation of a registry for domestic violence to ensure adequate reporting of violence incidents the judiciary branch. based on predefined criteria; •• Participation of the Supreme Court in the design, development and delivery of the multidisciplinary custom-tailored capacity building program; and, •• Support and leadership of the Director of the Judicial Training Center to ensure that judges’ atten- dance at training modules was recognized in their career promotion track. Network of professionals •• A series of consultations in all five regions of the country, organized to identify demand for capac- dealing with domestic ity building and to ensure ownership and commitment by civil society; violence. •• The promotion of active participation of local government institutions which contributed with resources and logistics; and, •• A year-long program of professional exchanges taught by a multidisciplinary group of judges, lawyers, police, social scientists, sociologists and health specialists. Reporting under •• CEDAW Report was developed in close consultation with government, academia and civil society international conventions. and published for wide dissemination; and, •• Report on the Convention of Belém do Pará to present the developments in Uruguay towards the elimination of violence against women. Studies and awareness •• Analysis of institutions responsible for the gender dimensions of equitable development and gender raising materials on legal, mainstreaming and of the Uruguayan legal framework on women’s rights; social and economic •• Institutional webpage financed by the Project and maintained by local funds (http://www.mides.gub. impacts of violence uy/inamu); and, against women. •• Brochures and other publications to raise awareness and disseminate institutional responses to ad- dress Violence Against Women. References •• Government of Uruguay (2002). “Resolution 1.137/002”. •• United Nations (1979). Convention on the Elimination of Published in Diario Oficial. No. 26.045. July 9, 2002. All Forms of Discrimination Against Women (CEDAW). •• Government of Uruguay (2008). “Observatorio Nacional General Assembly Resolution. UN: New York. sobre Violencia y Criminalidad: Uruguay”. Powerpoint •• United Nations (1993). United Nations Declaration on the presentation. Montevideo: Ministerio del Interior. Elimination of Violence Against Women. General Assem- •• Kishor, S. and K. Johnson (2004). Profiling Domestic Vio- bly Resolution A/RES/48/104. UN: New York. lence; A Multi-Country Study. Macro: Calverton. •• World Bank (2005). Country Assistance Strategy for the •• Organization of American States (OAS) (1994). Inter- Oriental Republic of Uruguay 2005-2012. World Bank: American Convention on the Prevention, Punishment and Washington DC. Eradication of Violence Against Women (“Convention of “Belém do Pará”). General Assembly Resolution. OAS: Belém do Pará. About the Authors Jonna Lundwall is a consultant in the Gender Team of the Poverty and Gender Group for the Latin America and Caribbean Region of the World Bank. Teresa Genta-Fons is Lead Counsel in the Latin American and Caribbean Practice Group of the World Bank’s Legal Vice Presidency, and was the Team Leader for the Project. Milena Sanchez de Boado is a consultant for the World Bank working on issues of legal and judicial reform, women’s rights and public sector reform. “en breve” is produced by the Knowledge and Learning Team of the Operations Services Department of the Latin America and the Caribbean Region of the World Bank - http://www.worldbank.org/lac 4 • April 2009 • Number 141