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Violence against women in New Zealand

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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 the New Zealand 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] There are current domestic laws relating to the prevention and punishment of violence against women.

Incidence of violence against women

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

Data[further explanation needed] on domestic violence against women in New Zealand is scarce.[citation needed] 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.[5] In 2013, there were 6749 incidents of ‘male assaults female’ recorded by the New Zealand Police.[5] In 2013, 2013 Protection Orders were granted by Family Court in accordance with the provisions of the Domestic Violence Act 1995.[5] Ninety percent of respondents named in Protection Order applications were male.[5] In 2013, the National Collective of Independent Women's Refuges received 81,720 crisis calls and 2940 women (and children) accessed safe house services.[5] 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.[6] More recently, the NZ Police crimes statistics database suggests that roughly 90% of all sexual assault victims over the age of 15 are female,[7] with a total of 29,643 victims, for the period July 2014 to August 2019.

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.[8][needs update] The New Zealand Police recorded crime for reported sexual offences in 2008 accounted for 1% of all offences.[8][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’.[8] Approximately one in four New Zealand women experience unwanted sexual contact in their lifetime, most often by someone known to them.[9] Sexual offending costs the New Zealand economy approximately $1.2 billion NZD each year.[10] 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.[11][needs update] A Ministry of Justice discussion paper exploring improvements to sexual violence legislation reported that around 90 percent of rapes go unreported.[11] This makes it the least likely crime to be reported.[12] Of Police files coded as sexual violation of an adult between 1 July 2005 and 31 December 2007, 95% of violations were of females. Of the perpetrators identified, 99% were male.[13][needs update?]

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.[14]

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.[15] 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.[16]

International Law

New Zealand's international treaty obligations require the state to submit periodic reports to the United Nations (UN) Human Rights Council (HRC) under the Universal Periodic Review and to the Committee on the Elimination of Discrimination against Women under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). 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 third Universal Periodic Review (UPR) was conducted in January/February 2019. This 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] The report noted that research in New Zealand had found that "Victims of the more severe and lethal cases of family violence are predominantly women and children. Women with disabilities and Māori women are a particularly vulnerable group."[19]

In the Report of the Working Group on the Universal Periodic Review for New Zealand, published in April 2014, New Zealand's acknowledgement of the high rate of family violence experienced by women was noted.[20] The report further recognised 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.[21] Included in the report were recommendations from seventeen other states suggesting measures for the reduction of violence against women in New Zealand.[22] The New Zealand government accepted the majority of these recommendations and detailed the steps taken in carrying out the recommendations.[23]

In 2013 the Office of the United Nations High Commissioner for Human Rights presented a compilation report on submissions to New Zealand's UPR. The concerns of the Committee on the Elimination of Discrimination against Women were emphasised.[24]

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.[25] 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.[26] 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.[27]

New Zealand government's report to the Committee

In the New Zealand government's report to the Committee in January 2011 it was considered that the reduction of "the damaging impact of violence against women, in particular sexual violence" was a priority of the New Zealand government,[28] and that "violence against women remains cause for immense concern".[29] The report made the observations that although the recorded rates of family violence in New Zealand were rising, New Zealand had launched social campaigns such as the 'It's not OK' campaign, completed ongoing work through the Taskforce for Action on Violence within Families, and set up the Taskforce for Action on Sexual Violence.[30] The report concluded that, "Government is committed to reducing violence against women," and that, "there is no acceptable level of family violence and that the notion that family violence is normal or acceptable must be dispelled."[31]

Concluding observations of the Committee

In its concluding observations, issued in August 2012, the Committee noted its concern about the continued high levels of violence against women and low rates of reporting and conviction, particularly in instances of sexual violence, despite progress made.[32] It expressed further concern at "insufficient" statistical data on violence against women, particularly against Māori women, migrant women, and women with disabilities.[33] The Committee called upon New Zealand to take steps to encourage reporting of violence against women, to strengthen training for relevant authorities in dealing with violence against women, to provide assistance and protection services for women victims of violence, and to ensure systematic collection and publication of disaggregated data, and "monitor effectiveness of legislation, policy and practice to all forms of violence against women and girls."[33]

Further information and resources

The Campaign for Action on Family Violence (the 'It's Not OK' campaign)[34] uses advertising, social media and community-projects to develop information, understanding, and advice surrounding family violence prevention.[35] According to research, one in three people report taking some form of action to prevent family violence as a result of the Campaign.[19] The Campaign focuses upon changing attitudes and behaviour towards violence within families through leadership, safety and accountability, and effective support services.[36]

The Ministry for Women is a government department that advises the government on women's economic independence, leadership, and safety from violence.[37] 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.[38] 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.[39]

In New Zealand, 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.[40] Women's Refuge works to promote social discussion on domestic violence and to inform public debate.[41]

The New Zealand Family Violence Clearinghouse provides an online catalogue and depository for resources, statistics, and publications on family violence in New Zealand.[42]

The Ministry of Justice in New Zealand, provides statistics surrounding violence in New Zealand.[43]

See also

References

  1. ^ CEDAW General Recommendation 19 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. ^ It's Not OK. "Statistics". It's Not OK.
  4. ^ NZCVS Cycle 2 (2018-2019) Core Report, May 2020, p. 5.
  5. ^ a b c d e Data Summary 2: Violence Against Women New Zealand Family Violence Clearinghouse "Data Summary: Violence Against Women", June 2014
  6. ^ 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. Retrieved 4 July 2016.
  7. ^ "Victimisations (Demographics)".
  8. ^ a b c NZCASS 2009 New Zealand Crime and Safety Survey 2009, Ministry of Justice, 2010, p. 32.
  9. ^ TASV Summary Report Te Toiora Mata Tauherenga: Report of the Taskforce for Action on Sexual Violence – Summary, Ministry of Justice, 2009, p.2
  10. ^ TASV Summary ReportTe Toiora Mata Tauherenga: Report of the Taskforce for Action on Sexual Violence – Summary, Ministry of Justice, 2009, p.2
  11. ^ a b 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.
  12. ^ Elisabeth McDonald and Yvette Tinsley (eds) "From "Real Rape" to Real Justice: Prosecuting Rape in New Zealand" Victoria University Press, Wellington, 2011, p. 37.
  13. ^ Data Summary 5: Adult Sexual Violence New Zealand Family Violence Clearinghouse, June 2014, p. 8.
  14. ^ Wāhine Māori, Wāhine Ora, Wāhine Kaha: Preventing violence against Māori women. Ministry for Women. February 2015.
  15. ^ "Report shows shocking rate of violence experienced by wāhine Māori". NZ Herald. 22 August 2023. Retrieved 21 August 2023.
  16. ^ "Shocking rate of violence against wāhine Maori - report". RNZ. 8 May 2021. Retrieved 21 August 2023.
  17. ^ "Universal Periodic Review 2019".
  18. ^ UPR National Report New Zealand, 2nd Cycle UN Human Rights Council, National Report: New Zealand, 8 November 2013, A/HRC/WG.6/18/NZL/1, p. 2.
  19. ^ a b UPR National Report New Zealand, 2nd Cycle UN Human Rights Council, National Report: New Zealand, 8 November 2013, A/HRC/WG.6/18/NZL/1, p. 15.
  20. ^ UN Human Rights Council, Report of the Working Group: New Zealand, 7 April 2014, A/HRC/26/3, pp. 4–5.
  21. ^ Report of the Working Group: New Zealand UN Human Rights Council, Report of the Working Group: New Zealand, 7 April 2014, A/HRC/26/3, pp. 4–5.
  22. ^ Report of the Working Group: New Zealand UN Human Rights Council, Report of the Working Group: New Zealand, 7 April 2014, A/HRC/26/3, pp. 21–23.
  23. ^ UN Human Rights Council, Report of the Working Group: Addendum, 26 May 2014, A/HRC/26/3/Add.1, pp. 6–7.
  24. ^ UN Human Rights Council, Report of the Working Group: Addendum, 26 May 2014, A/HRC/26/3/Add.1.
  25. ^ The Status of Women in New Zealand, Ministry of Women's Affairs, The Status of Women in New Zealand: CEDAW Report 2010, Wellington, 2010.
  26. ^ CEDAW General Recommendation 12 General Recommendation No. 12 (8th session, 1989).
  27. ^ General Recommendation 28, Committee on the Elimination of Discrimination against Women, General Recommendation No. 28, CEDAW/C/GC/28, p. 5.
  28. ^ Committee on the Elimination of Discrimination against Women, Seventh Periodic Report of State Parties: New Zealand, 7 January 2011, CEDAW/C/NZL/7, p. 11.
  29. ^ Committee on the Elimination of Discrimination against Women, Seventh Periodic Report of State Parties: New Zealand, 7 January 2011, CEDAW/C/NZL/7, p.41.
  30. ^ 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.
  31. ^ Committee on the Elimination of Discrimination against Women, Seventh Periodic Report of State Parties: New Zealand, 7 January 2011, CEDAW/C/NZL/7, p. 41
  32. ^ CEDAW Concluding Observations: New Zealand, 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.
  33. ^ a b CEDAW Concluding Observations: New Zealand, 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
  34. ^ It's Not OK. "Home". It's Not OK.
  35. ^ It's Not OK. "About us". It's Not OK.
  36. ^ "It's Not OK Campaign".
  37. ^ "About the Ministry". women.govt.nz. 18 May 2012.
  38. ^ "Ministry of Women – Publications".
  39. ^ "Our work". women.govt.nz. 18 May 2012.
  40. ^ "Women's Refuge New Zealand".
  41. ^ "Women's Refuge Public Policy".
  42. ^ "About the New Zealand Family Violence Clearinghouse | New Zealand Family Violence Clearinghouse". nzfvc.org.nz.
  43. ^ Attrition and progression : reported sexual violence victimisations in the criminal justice system. New Zealand. Ministry of Justice. Wellington, New Zealand. 2019. ISBN 978-0-478-32486-0. OCLC 1141967247.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)
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