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A. Draft resolution
(open)
Report | Doc. 12787 | 09 November 2011
Psychological violence
Committee on Equal Opportunities for Women and Men
Summary
Psychological violence in the context of intimate relationships is a widespread form of violence, primarily affecting women as victims and the children who witness it, but it also affects men albeit on a much smaller scale.
Council of Europe member states should introduce provisions to criminalise psychological violence as a crime in itself and address the existing obstacles to the effective implementation of the relevant legislation, including a poor understanding of the phenomenon on the part of law enforcement officials.
Similarly, there is scope for improving the availability and quality of assistance measures for victims of violence as well as of rehabilitation structures for perpetrators.
A. Draft resolution 
(open)1. Psychological violence in the context of intimate
relationships is a widespread form of violence, primarily affecting
women as victims and the children who witness it, but also men,
even if on a lesser scale. It can take a variety of forms, such
as verbal abuse, threatening behaviour, harassment, isolating the
victim, discouraging any independent activities, and results in
placing the victim in a position of subjugation.
2. The Parliamentary Assembly is convinced that it is of the
utmost importance to tackle psychological violence, not only because
it is a serious form of violence which leaves deep and lasting scars
on the victims, but also because, unless stopped, it often escalates
into physical violence.
3. In recent years, a number of Council of Europe member states
have introduced or strengthened legislation on violence against
women and domestic violence, including provisions on psychological
violence, which is sometimes defined either as a crime in itself
or as an aggravating factor to be taken into account in judicial
proceedings.
4. The Assembly welcomes these developments, as well as the inclusion
of specific provisions on psychological violence in the Council
of Europe Convention on preventing and combating violence against women
and domestic violence (CETS No. 210). It also recalls that, once
the convention enters into force, the states parties may decide
to apply it to all victims of domestic violence, irrespective of
their gender.
5. The Assembly believes, however, that greater efforts should
be made to raise public awareness of the phenomenon of psychological
violence, its consequences and the solutions to prevent it, with
a view to helping the victims overcome their difficulties in seeking
assistance and legal remedies and, in general, bringing forward
a positive change of mentalities in society, by making it clear
that violence should not be tolerated, even when it takes place
at home.
6. In addition, there is scope for further strengthening the
legal framework applicable to psychological violence, in particular
in those member states where it is not considered a crime, and for
addressing the existing obstacles to the effective implementation
of the relevant law, including a poor understanding of the phenomenon
of psychological violence and of its impact on the victims on the
part of law enforcement officials.
7. Similarly, there is scope for improving the availability and
quality of assistance measures for victims of violence, as well
as of rehabilitation structures for perpetrators.
8. In the light of these considerations, the Assembly calls on
the Council of Europe member states:
8.1. as regards the Council of Europe Convention on preventing
and combating violence against women and domestic violence, to:
8.1.1. sign and ratify the convention
as soon as possible;
8.1.2. apply the convention to all victims of domestic violence,
irrespective of their gender, as allowed by its Article 2, paragraph
2, on the scope of the convention;
8.1.3. refrain from making reservations to the convention, in
particular to its Article 33 on psychological violence;
8.2. as regards the national legal framework and its effective
implementation, to:
8.2.1. consider
introducing the notion of psychological violence in their criminal
law;
8.2.2. ensure that, in all cases, the sanctions against perpetrators
of psychological violence are effective, proportional and dissuasive;
8.2.3. train the police to identify psychological violence;
8.2.4. provide in-depth training to judges and prosecutors on
psychological violence, including its effects on the victims and
their children, its manifestations, legal aspects and the issue
of evidence;
8.2.5. ensure that health professionals are adequately trained
to identify signs of psychological violence and domestic violence;
8.3. as regards data collection and research, to:
8.3.1. monitor the implementation of
the legislation on domestic violence and/or psychological violence
and regularly collect data on:
8.3.1.1. the
number of cases that are reported to the police;
8.3.1.2. the follow-up given to such cases;
8.3.1.3. the reasons why certain cases are not followed up;
8.3.1.4. the outcome of judicial decisions;
8.3.2. regularly carry out surveys on domestic violence amongst
the population, with a view to collecting information on:
8.3.2.1. the number of victims, broken
down by gender;
8.3.2.2. the type of violence (psychological or physical) and its
manifestations;
8.3.2.3. the presence of children in the household concerned;
8.3.2.4. the estimated number of murders and suicides due to domestic
violence;
8.4. as regards assistance to victims, to:
8.4.1. set up help lines and websites
to provide advice on social and legal measures available, which
can be accessed in total confidentiality and free of charge;
8.4.2. set up assistance centres, safe houses and shelters for
victims of domestic violence and their children;
8.4.3. promote programmes to help victims of psychological violence
and domestic violence pursue education, vocational training or enter
or re-enter the labour market;
8.4.4. set up schemes to provide free legal assistance and representation
to victims of domestic violence, including psychological violence;
8.5. as regards assistance to perpetrators, to:
8.5.1. set up or promote the setting
up of rehabilitation centres for perpetrators of domestic violence,
including psychological violence, and ensure that a sufficient number
of them can be accessed on the basis of individual requests or referrals
by doctors, without the need for a court order;
8.5.2. ensure that information about existing rehabilitation
centres for perpetrators is widely publicised;
8.6. as regards awareness raising, to:
8.6.1. organise education and prevention programmes on psychological
and domestic violence in primary and secondary schools;
8.6.2. conduct nation-wide awareness-raising campaigns on psychological
violence reaching out to the general public.
B. Explanatory memorandum, by Ms Kovács, rapporteur
(open)1. Introduction
1. Psychological violence does not necessarily leave
visible marks on the victim’s body, but leaves deep and lasting
scars which are very difficult to heal. As the French Prime Minister,
François Fillon, said when being interviewed on the introduction
of the crime of psychological violence in the French criminal code,
these situations “don’t leave a mark to the naked eye, but can mutilate
the victim’s inner self”.
2. In recent years, considerable steps forward have been made
in recognising violence against women as a crime and a human rights
violation. A number of Council of Europe member states have introduced
or strengthened legislation on violence against women and domestic
violence, while the Council of Europe’s long-standing commitment
in this area led, in May 2011, to the adoption of the Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210). Psychological violence should not be overlooked
in the context of these important developments. On the contrary,
it should be recognised as a serious form of violence which requires
appropriate preventive and punitive measures.
3. The reasons are twofold:not
onlydoespsychological
violence provoke deep and lasting suffering for the victims, but
it can also be the first step in a process which, if it is not stopped,
leads to physical violence. As Ms Yael Mellul, a French lawyer who
specialises in the defence of victims of domestic violence recently
said, “there
is not one single victim of physical violence in the context of
an intimate relationship who has not previously been a victim of
psychological violence”. Psychological violence does not always
lead to physical violence, but physical violence is always preceded
by psychological violence.
“there
is not one single victim of physical violence in the context of
an intimate relationship who has not previously been a victim of
psychological violence”. Psychological violence does not always
lead to physical violence, but physical violence is always preceded
by psychological violence.4. The notion of psychological violence is increasingly receiving
the attention of public opinion and is making its way into domestic
legislation. In 2010, the introduction of the offence of psychological
violence in the French criminal code occupied the headlines for
weeks, both in France and abroad.
5. Although this move was defined as controversial by a number
of media and commentators, the introduction of the notion of psychological
violence in domestic legislation, although recent, is not exceptional in
those Council of Europe member states which have reviewed their
legislation recently.
6. It is, however, a poorly known form of violence – poorly known
by the general public, by the victims themselves and by law enforcement
officials such as the police and the judiciary. This lack of knowledge
is bound to have a negative impact on the implementation of any
existing legislative framework; even the most progressive provisions
on psychological violence risk remaining dead letter if those directly
involved are ignorant of the phenomenon and/or cannot recognise
it.
2. Extent of the problem
7. Obtaining estimates or statistics to capture the
extent of the problem of psychological violence is a challenge of
its own. No Council of Europe member state has statistics on the
occurrence of psychological violence; at best there are non-comparable
estimates based on scanty research and various methodologies. In
fact, a major problem in the collection of data is that victims
of psychological violence themselves are seldom aware of being subjected
to such a form of violence.
8. The most ambitious attempt to map the situation was made in
France in 2000. During the national survey on violence against women
in France (Enquête nationale sur les
violences envers les femmes enFrance, ENVFF), conducted over the phone, participants
were not asked the direct question whether they were victims of
violence, but whether they had been subjected to certain psychological
or physical treatments, which were described exactly to avoid the
problem of lack of awareness. The result of the survey showed that
one woman in 10 was a victim of psychological violence in the context
of an intimate relationship.
conducted over the phone, participants
were not asked the direct question whether they were victims of
violence, but whether they had been subjected to certain psychological
or physical treatments, which were described exactly to avoid the
problem of lack of awareness. The result of the survey showed that
one woman in 10 was a victim of psychological violence in the context
of an intimate relationship.9. To date, the ENVFF is the most comprehensive survey of this
kind ever conducted in France. It was, however, heavily criticised
because only women were interviewed and because of the way in which
the treatment was described, chosen or rated; one of the main criticisms
was that the description of incidents classified as psychological
violence was arbitrary.
10. Even in the lack of official statistics, scientific research
consistently affirms that:
- psychological abuse is a form of abuse in itself;
- psychological abuse is a common and significant form of violence in terms of its frequency;
- the majority of the victims of psychological abuse in the context of intimate relationships are women.
11. According to research conducted in the United States, some
specific factors might increase women’s risk of being subjected
to psychological violence:
- women in employment having an unemployed partner are more than twice as likely to be psychologically abused by him;
- having a physical disability increases a woman’s risk of psychological abuse by 83%;
- women who earn 65% or more of their household’s income are more likely to be psychologically abused.
12. Saying that the majority of victims of psychological violence
are women does not exclude, of course, that men can also be in this
situation, even if the lack of data and scientific research in this
area does not make it possible to provide reliable estimates. In
addition, male victims of violence may find it even more difficult
than women to report it to the authorities, due to the stigma of
being a male victim, the perceived failure to conform to a virile
stereotype and the fear of not being believed.
In
addition, male victims of violence may find it even more difficult
than women to report it to the authorities, due to the stigma of
being a male victim, the perceived failure to conform to a virile
stereotype and the fear of not being believed.3. Origin of the report
13. The origin of this report is a motion entitled “Action
to combat violence against women must also take account of psychological
violence”, tabled by Ms Greff and other colleagues (Doc. 12255). The starting points of the motion were two objective
facts: psychological violence often accompanies or precedes other
forms of violence; and in most cases, its victims, being overwhelmed
by fear and insecurity, keep silent and do not report it to the
authorities.
14. With these considerations in mind, the signatories of the
motion recommended that:
- psychological violence be considered as a form of violence against women;
- psychological violence should be criminalised, notwithstanding the fact that it is difficult to prove, and included in the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
15. Since the motion was tabled, important results have been achieved.
The Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence has been adopted and opened for
signature. It includes the notion of psychological violence, which
the states parties are asked to criminalise.
16. Although the main objectives of the motion have been met,
it is important that the Parliamentary Assembly casts light on this
little-known but very widespread scourge. An important moment of
reflection in this process was the hearing organised on 8 June 2011
in Paris by the Committee on Equal Opportunities for Women and Men,
which allowed the committee to have an in-depth exchange of views
with two experts in this area, Ms Yael Mellul, a lawyer, and
Dr Marie-France Hirigoyen, a psychiatrist and victimologist.
and
Dr Marie-France Hirigoyen, a psychiatrist and victimologist. 4. Scope of the report
17. In the present report, I have addressed the issue
of psychological violence in the context of family or intimate relationships.
I have addressed subjects such as the situation of the victim, the
situation of the perpetrator, best practices and measures to assist
them, the relevant legal framework and the new input of the Council
of Europe convention.
18. I have mentioned the situation of children who witness psychological
violence in the context of family life, but I have left a more attentive
analysis of the impact on them and the measures to assist them to
the Social, Health and Family Affairs Committee, which is seized
for opinion on this report.
19. I have not dealt with psychological violence and harassment
in the workplace, bullying in schools or the use of psychological
violence in the context of armed conflicts, as I think these topics
would deserve entirely separate reports and would go well beyond
the mandate of a rapporteur of the Committee on Equal Opportunities
for Women and Men.
20. In carrying out my work, I have taken into consideration the
report on “Protection orders for victims of domestic violence”, which
was being prepared simultaneously by the Committee on Equal Opportunities
for Women and Men, and which I consider complementary.
which
was being prepared simultaneously by the Committee on Equal Opportunities
for Women and Men, and which I consider complementary.5. Definition of psychological violence
5.1. The situation experienced by victims
21. Psychological violence can be defined as “reiterated
words and acts aimed at or having the consequence of causing harm
or putting the victim in a position of subjugation”.
22. It can take a wide range of forms: verbal abuse, yelling,
threats, harassment, intimidation, constant criticism, shaming,
blaming, name calling, insulting, ridiculing, imitating and publicly
humiliating the victim, isolating the victim, discouraging any independent
activities, expecting the victim to take part in sexual activities she
or he is not comfortable with to prove her/his love, using the children
to gain control by undermining the other parent’s authority or threatening
to leave and take the children, depriving the victim of means of subsistence
or economic independence, threatening to kill loved ones, including
pets, threatening to destroy possessions and threatening to have
the person placed in an institution, etc.
23. Harassment is one of the most frequent demonstrations of psychological
violence shown in various behaviour patterns, such as repeatedly
following or watching the other person, demanding from the person accounts
for every moment of the day, accusing the person of having affairs
and checking constantly on the person’s activities. Isolating
by physically confining the person, restricting contacts, limiting
freedom, depriving of transportation could be considered as both
psychological and physical abuse.
Isolating
by physically confining the person, restricting contacts, limiting
freedom, depriving of transportation could be considered as both
psychological and physical abuse.24. It is important to distinguish psychological violence from
mere conflicts within a couple. Psychological violence occurs only
when:
- the two parties are not on an equal footing, in the presence of an aggressor and a victim who is not in a position to defend him or herself;
- when this kind of behaviour is repeated over time.
25. Repeated insults, threats and social isolation result in the
victims’ progressively lowering the threshold of what is acceptable.
Victims fail to report psychological violence to the authorities
because of social and economic constraints, fear of revenge, but
also because they get progressively used to it and feel guilty for causing
the violence. They may fear for their own safety or that of their
children or loved ones, thinking that they might be taken away.
They often lack information about victims’ rights, have low self-esteem
and blame themselves for what is happening. Social isolation and
fear of deportation might also be an additional factor, explaining
some victims’ failure to report this kind of violence.
26. As Dr Hirigoyen explained during the hearing, both the perpetrator
and the victim experience “an addiction” to psychological violence:
perpetrators release their tension on the victims, putting the blame
of their behaviour on the latter, and feel better; while victims
are led to believe that they are to be blamed, without understanding
why, thus increasingly losing confidence in their judgment and themselves.
This process of “addiction” and progressive loss of self-esteem
explains why the more serious and protracted the violence is, the
less likely victims are to report it.
27. The process is self-reinforcing and can lead, for the aggressor,
to an escalation of violence – from psychological to physical, from
beatings to murders – and, for the victim, to depression and, in
the most serious cases, suicide.
5.2. The legal definition
28. The great variety of forms that psychological violence
can take makes it particularly challenging to have the notion transposed
into a legal definition.
29. At the hearing, Ms Mellul underlined the importance of a detailed
and precise legal definition of psychological violence, explaining
that it would help victims recognise the situation they experience
and become aware that it amounts to a crime.
30. In this context, Ms Mellul criticised the exceedingly vague
definition provided by French law: “Article 222-14-3 – The acts
of violence provided for in this article, irrespective of their
nature, and including psychological violence, are punishable offences.”
She raised the same criticism in relation to the definition of psychological violence
included in the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (see below).
31. On the other hand, as highlighted by Dr Hirigoyen, the legal
definition of psychological violence should not be too detailed,
because it needs to cover a wide variety of acts which have a wide
variety of psychiatric, physical and psychosomatic effects on the
victims.
32. Different people experience psychological violence and manifest
their suffering in different ways. A good legal definition of psychological
violence is one which strikes a balance between being precise enough
for the victims to recognise themselves and flexible enough to cover
such a variety of individual experiences.
6. Criminalisation of psychological violence
33. At least 28 member states have introduced criminal
provisions in order to sanction either psychological violence in
itself or to take it into account as an aggravating factor in the
context of domestic violence. However, important differences amongst
them remain as regards the definition of domestic violence, in particular
how close the relationship between the victim and the perpetrator
must be to engage criminal law.
However, important differences amongst
them remain as regards the definition of domestic violence, in particular
how close the relationship between the victim and the perpetrator
must be to engage criminal law.34. Amongst the countries with the most far-reaching and protective
approach is Sweden, which punishes criminal acts committed by a
person having, or having had, a close relationship with another,
without any further requirement and without specifying the gender.
In addition, the case of a man being married, or having been married
or having cohabited with a woman under circumstances comparable
to marriage is specifically mentioned.
35. Spain criminalises violent behaviour against women by their
present or former spouses or by men with whom the woman maintains
or has maintained analogous affective relations, with or without
cohabitation. Poland criminalises
psychological violence not only when it is committed by a close
family member, but also by persons who are close to the victim or
with regard to whom the victim is in a permanent or temporary state of
dependence.
Poland criminalises
psychological violence not only when it is committed by a close
family member, but also by persons who are close to the victim or
with regard to whom the victim is in a permanent or temporary state of
dependence. 36. Some member states have criminalised the inducement to suicide:
for instance, according to Article 110 of the Armenian Criminal
Code on causing somebody to commit suicide:
“1. Causing somebody to commit suicide or make an attempt at a suicide by indirect wilfulness or by negligence, by means of threat, cruel treatment or regular humiliation of one’s dignity, is punished with imprisonment for the term of up to 3 years.
2. The same act committed in relation to a person in financial or other dependence of the perpetrator is punished with imprisonment for the term of up to 5 years.”
37. Sanctions for perpetrators of psychological violence also
vary greatly. In France, psychological violence can be punished
with a prison sentence of up to three years and a €75 000 fine. In
Sweden, the prison sentence can range from six months to six years. In
Portugal, psychological ill-treatment can be punished with a prison
sentence of between one and five years.
In
Sweden, the prison sentence can range from six months to six years. In
Portugal, psychological ill-treatment can be punished with a prison
sentence of between one and five years. 38. The fact that the introduction of the notion of psychological
violence in the domestic legislation of member states is recent
does not make it possible at the moment to make a comprehensive
assessment of its implementation.
39. However, the hearing in Paris was an opportunity for the committee
to identify some of the main features emerging from the implementation
of the French legislation. In the speakers’ opinion, more efforts
should be made to train police officers to understand and identify
this phenomenon, as they are sometimes reluctant to accept complaints
or display a dismissive attitude.
40. This lack of understanding on the part of the authorities
adds frustration and suffering to that minority of victims (10%
in France) who find the courage and the strength to call for the
authorities’ help, in addition to introducing a filter to the claims
which are recorded.
41. According to both Ms Mellul and Ms Hirigoyen, however, the
main challenge to effective implementation comes from the judiciary:
it would be an understatement to say that, since the entry into
force of the new legislation, the number of judicial decisions recognising
the occurrence of psychological violence is negligible. A crucial
point is certainly the difficulty of providing sufficient evidence
to corroborate the case; but, at the same time, judges do not receive
appropriate training on how to deal with cases of violence against
women and domestic violence in general, and in particular with psychological
violence.
7. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)
42. At the ministerial conference of 11 May 2011 in Istanbul,
the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence was opened for signature. As
at 28 September 2011, it had been signed by the following countries:
Austria, Finland, France, Germany, Greece, Iceland, Luxembourg,
Montenegro, Norway, Portugal, the Slovak Republic, Slovenia, Spain,
Sweden, “the former Yugoslav Republic of Macedonia” and Turkey.
43. This convention, which is strongly supported by the Assembly,
is a groundbreaking legal instrument and a political success. This
is the first international binding instrument in the world establishing
comprehensive measures to prevent violence against women, protect
the victims, prosecute the offenders and set up a comprehensive
framework of assistance policies.
44. It should be noted that the convention applies to all forms
of violence against women and that parties are encouraged to apply
it to all victims of domestic violence, irrespective of their gender.
7.1. The notion of psychological violence
45. The notion of psychological violence is included
in the Istanbul Convention in the following articles:
“Article 3 – Definitions
For the purpose of this Convention:
a. ‘violence against women’ is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;”.
“Article 33 – Psychological violence
Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of seriously impairing a person’s psychological integrity through coercion or threats is criminalised.”
“Article 46 – Aggravating circumstances
Parties shall take the necessary legislative or other measures to ensure that the following circumstances, insofar as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sentence in relation to the offences established in accordance with this Convention:
a. the offence was committed against a former or current spouse or partner as recognised by internal law, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority;
b. the offence, or related offences, were committed repeatedly;
c. the offence was committed against a person made vulnerable by particular circumstances;
…
h. the offence resulted in severe physical or psychological harm for the victim;
...”.
46. Referring to the notion of psychological violence in Article
33, the explanatory report (paragraphs 179-181) reads:
“179. The drafters agreed to criminally sanction any intentional conduct that seriously impairs another person’s psychological integrity through coercion or threats. The interpretation of the word ‘intentional’ is left to domestic law, but the requirement for intentional conduct relates to all the elements of the offence.
180. The extent of the offence is limited to intentional conduct which seriously impairs and damages a person’s psychological integrity which can be done by various means and methods. The Convention does not define what is meant by serious impairment. Use must be made of coercion or threats for behaviour to come under this provision.
181. This provision refers to a course of conduct rather than a single event. It is intended to capture the criminal nature of an abusive pattern of behaviour occurring over time – within or outside the family. Psychological violence often precedes or accompanies physical and sexual violence in intimate relationships (domestic violence).”
7.2. Criminalisation of psychological violence
47. The Istanbul Convention asks the states parties to
criminalise psychological violence. Even if this is a very important
step forward in the recognition of psychological violence as a form
of serious violence in itself, it is regrettable that Article 33
is one of the provisions to which the states parties may make reservations.
48. The reasons are put forward in the explanatory report (paragraph
181):
“... It is important to stress that pursuant to Article 78, paragraph 3, of this Convention, any state or the European Union may declare that it reserves the right to provide for non-criminal sanctions, instead of criminal sanctions in relation to psychological violence. The intention of the drafters was to preserve the principle of criminalisation of psychological violence in the Convention, while allowing flexibility where the legal system of a Party provides only for non-criminal sanctions in relation to these behaviours. Nevertheless, sanctions should be effective, proportionate and dissuasive, regardless of whether Parties choose to provide for criminal or non-criminal sanctions.”
49. The Assembly would have preferred that the states parties
had been given less latitude in this area. In its Opinion 280 (2011) on the then draft convention, it called on the Committee
of Ministers to amend Article 78 so as to exclude the possibility
for states parties to make reservations on such an important provision. Unfortunately
this amendment was not accepted.
50. Although the Istanbul Convention represents an important legal
benchmark, politically it would be fully justifiable for the Assembly
to call on member states to introduce measures reflecting even higher
standards for the protection of victims of violence. I believe,
therefore, that the Assembly should call on the parties to abstain
from such reservations and set up effective, proportionate and dissuasive
criminal sanctions against psychological violence.
8. Consequences for the victims and their families
51. The effects of psychological violence are lasting
and difficult to overcome. They include depression, panic attacks,
sleeping difficulties and anxiety.
52. Researchers have found that individuals who are victims of
psychological abuse in the context of an intimate relation are more
likely to experience poor physical health, emotional and/or mental
impairment, poor work or school performance, have a higher likelihood
to consume drugs and alcohol, and be subject to suicidal thoughts
and/or suicide attempts.
53. Even women who manage to come out of abusive relationships
often cannot rebuild their self-esteem. Their chances of becoming
independent, finding a job, finding their place in a new relationship
or in society are often permanently impaired.
54. Scientific research has shown that children suffer particularly
severe consequences just by witnessing psychological violence, with
their physical, emotional and social development being strongly
affected. A high percentage of children living
in families where there are manifestations of psychological violence
between the parents are themselves being abused. “Nearly three quarters
of children considered 'at risk' by Social Services are living in
households where one of their parents/carers is abusing the other.”
A high percentage of children living
in families where there are manifestations of psychological violence
between the parents are themselves being abused. “Nearly three quarters
of children considered 'at risk' by Social Services are living in
households where one of their parents/carers is abusing the other.” 55. In addition, due to a phenomenon of identification, children
who witness violence tend to repeat it when they become adults,
as either perpetrators or victims. Domestic violence can therefore
be considered as the root cause of other forms of violence.
9. Assistance to victims
56. The effects of psychological abuse can be devastating
and long-lasting for the victims. Specific sets of measures need
to be implemented so as to counter these effects.
57. In a number of resolutions and recommendations, the Parliamentary
Assembly has described the assistance measures which member states
should set up for victims of domestic violence, including: setting
up shelters for victims of domestic violence and their children,
promoting support programmes and providing specialised counselling.
58. Protection orders, including those providing for the removal
of the perpetrator from the common home, combined with access to
shelters, victim/witness protection and anti-stalking/harassment
laws also play an essential role in protecting the victims from
further violence, provided that they are implemented in a timely manner
and are accompanied by dissuasive sanctions in case of breaches.
59. In addition, examples of good practice drawn from certain
member states could inspire similar initiatives:
- the creation of specialised offices for victims of violence: the City of Brussels has set up a special service called “the Office for Police Assistance to Victims”, which welcomes victims, their close relatives and witnesses of physical or psychological violence and at the same time advises and assists police officers in their work.
- the provision of free legal assistance for victims of violence: since March 2011, in the Netherlands, victims of domestic violence whose aggressors have been placed under a temporary restraining order issued ex officio receive free legal assistance from an organisation called Victims Support Netherlands.
- increasing house security: in the United Kingdom, where it is possible for a victim of domestic violence to have the abuser removed from the home through an “occupation order”, there is also the possibility to apply to the Safehome project.
- organising awareness-raising campaigns: an information campaign on psychological and verbal violence was launched in France in June 2009. The short movie The Voice, directed by Jacques Audiard, denounced this kind of violence, a form of violence that can be “heard but not seen”.
- preparation of a safety plan: support provided by non-governmental organisations and state agencies for the preparation of a safety plan represents another good practice. Concrete advice on what documents need to be taken before leaving, how to protect oneself after having left, what places to avoid and how to best keep track of all incidents have proved useful to victims of psychological violence.
10. Assistance to perpetrators
60. Despite the increasing awareness that prevention
is crucial to the eradication of domestic violence, assistance and
rehabilitation centres for perpetrators are still rare. And yet,
many perpetrators are aware that they have a problem in managing
their anger and would like to change.
61. Several websites of non-governmental organisations working
on combating violence, such as the Everyman Project and Respect,
present self-help strategies to perpetrators of violence, advising
them to move out, talk to friends, get counselling, avoid risky
situations, and provide advice on how to recognise one’s own alarm
bells. This kind of assistance represents
a first accessible tool for perpetrators willing to put an end to the
violence cycle.
This kind of assistance represents
a first accessible tool for perpetrators willing to put an end to the
violence cycle. 62. The Men's Advice Line in the United Kingdom aims to provide
support, advice and information to male victims of domestic violence
and to professionals, family and concerned friends or colleagues.
63. From the monitoring statistics of callers to the Men's Advice Line in the period
2008-2009, it appeared that callers could be divided into three
groups: in many cases, the caller confirmed, through the description
of recent incidents or other information about the relationship,
that he was a victim of domestic violence; in others, he described
incidents and patterns of behaviour which indicated that he was
both experiencing and using domestic violence. In others, the man
revised his initial presentation of himself as a victim and in some
cases requested or accepted suggestions of how he might deal with
his own use of violence as the perpetrator in the relationship.
64. Despite these calls for help, not many perpetrators take the
initiative of having recourse to rehabilitation centres. These are
normally attended by authors of very serious forms of violence,
often with a previous criminal record, who are placed in rehabilitation
centres by a court injunction. As Dr Hirigoyen pointed out, many
educated men from wealthy or middle-class social backgrounds, despite
wanting to overcome their problem, are not prepared to go to these
centres also because of the social stigma attached to them and because
they feel they do not belong to the same category as the other patients.
65. In my opinion, there is scope for launching information campaigns
amongst the general public, in order to encourage perpetrators of
violence to seek specialised help. Furthermore, on the model of
Quebec, member states should set up centres that perpetrators of
violence can join of their own accord, in total confidentiality. These
centres should have a tailor-made approach and offer individual
counselling, group support, or training on how to master one’s anger,
according to each individual’s specific needs.
66. Indeed, targeted support programmes for perpetrators can succeed.
A study conducted in 2010 on the efficiency on such programmes in
the United Kingdom indicated that “most men who take part in a well- established
programme situated in a co-ordinated community response to domestic
violence stop using violence”. In addition, women whose partners
and ex-partners take part in programmes feel safer.
11. Conclusions and recommendations
67. In the past, I was myself a victim of psychological
violence in the context of an intimate relationship. I was scarred
by this experience, but I had a second chance. Many women are not
as lucky as me. Some of them remain prisoners of an abusive relationship;
perhaps their children are also being abused or, in any case, they
will repeat the behaviour they have witnessed at home once they
are adults. For other women, the level of violence to which they
are subjected increases progressively, crossing the border from
psychological to physical.
68. Psychological violence in the context of intimate relationships
is a form of violence which affects women disproportionally. It
is a form of gender-based violence, discrimination and a denial
of equal opportunities: its victims might not have the chance to
reconstruct themselves, find a job, another partner, another home.
Some of them will not even be lucky enough to survive.
69. I believe that it is important that the Parliamentary Assembly
fights for these women’s right to have a second chance. European
states should introduce the most far-reaching measures, if necessary
going beyond the standards set out by the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence, in order to encourage victims to seek help; states should
set up an effective legal framework to sanction psychological violence,
preferably through criminal law, and implement it; they should introduce
programmes to provide assistance to victims of violence, including
children, and increase the pool of rehabilitation structures for
the perpetrators.
70. I would like to conclude this report with a quote from Dr
Hirigoyen, which I find particularly wise: “Psychological violence
is not a feminine problem. Psychological violence is a problem in
which both women and men are involved, either as victims or as perpetrators.
It would be wrong and even counterproductive to depict men only
as perpetrators and women only as victims. The only way to tackle
psychological violence and domestic violence is to involve and work
with both women and men.”