Friday, February 1, 2008

Sophorne's Paper

Name: Kheang Sophorne

Content on the Domestic Violence against Women in Cambodia, Thailand and Vietnam

Chapter I: Introduction

Chapter II: Literature Review

I- Cause of Domestic Violence again women:

1- Cause of Domestic Violence again women in Cambodia
2- Cause of Domestic Violence again women in Thailand
3- Cause of Domestic Violence again women in Vietnam

II- Legal Instrument regarding the Domestic Violence again Women in Cambodia, Thailand and Vietnam

- In Cambodia:
- In Thailand
- In Vietnam

III- What the government do for preventing the domestic in Cambodia, Thailand and Vietnam

- In Cambodia
- In Thailand
- In Vietnam

Chapter III: Anylysis

- Compare Cambodia against itself between 2004 and 2007
- Compare Cambodia to Thailand between 2004 and 2007
- Compare Cambodia to Vietnam between 2004 and 2007

Chapter IV: Conclusion


Domestic Violence against Women in Cambodia, Thailand and Vietnam


Chapter I: Introduction

All over the world, there are many problems such as corruption, government controlling, and the domestic violence again women. I will choose the topic regarding the domestic violence again women for researching. Why I research this matter in the three countries, Cambodia, Thailand and Vietnam because I want to show about the cause of domestic violence, law relation to the domestic violence and the policy of the government for preventing the domestic violence for these three countries. The methodology of the matter will be come from Cambodian Constitution, LICADHO report and other relevant websites and reports as mentioned in the footnote below.

Chapter II: Literature Review

I- Cause of Domestic Violence again women:

1- Cause of Domestic Violence again women in Cambodia

The definition of Domestic Violence:

Article 2 of the newly passed Law on the Prevention of Domestic Violence and the Protection of Victims defines domestic violence as ‘violence that happens and could happen towards:

1. Husband or wife
2. Dependant children
3. Persons living under the roof of the house and who are dependants on the
household.

The Cause of domestic violence is caused of a drunk man ex: domestic violence over 13 years was beaten by her husband. Her husband, in an apparent drunken rage attacked her and cut off one of her fingers. After being treated for her injuries in hospital the victim said she didn't want to divorce her husband nor file a complaint against her husband.[1]

Another cause is police and officials often refuse to investigate domestic violence claims,20 effectively rendering domestic violence legislation ineffective. The RGC has not made any substantial efforts to educate and train police, lawyers, judges and the general public to raise awareness regarding the serious problem of domestic violence.


2- Cause of Domestic Violence again women in Thailand

The definition of the domestic violence in Thailand: Domestic violence is defined as 'any act or omission by a family member (most often a current or former husband or partner), regardless of the physical location where the act takes place, which negatively affects the well being, physical or psychological integrity, freedom or right to full development of a woman.[2]

In Thailand, the cause of Domestic Violence again women are as follows[3]:

- Keep silence from the women, that is why the domestic violence in Thailand is increased.

- The lack of the measure from the police, judge. I mean they always ignore the case in relation to the domestic violence.

3- Cause of Domestic Violence again women in Vietnam

The cause of Domestic Violence again women in Vietnam are there is no specific legislation prohibiting family-based violence and the government has not enacted policy to provide for the systematic training of officials at all levels on dealing with cases of domestic violence[4].

The issue of domestic violence has received very limited attention from the legislature, the judiciary, governmental institutions and the media in Vietnam.



II- Legal Instrument regarding the Domestic Violence again Women in Cambodia, Thailand and Vietnam

- In Cambodia:

When violence against women in Cambodia is a difficult issue to accurately quantify, it is clear that it is a serious problem and there are an increasing number of reports of domestic violence, rape and trafficking. Although Cambodia is beginning to recognize the significance of these issues the extent of the government’s willingness to educate the judiciary, the police and the public on these issues is still very limited.

Cambodia ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in 1992. Also the Royal Government of Cambodia (RGC) passed the Law on the Prevention of Domestic Violence and the Protection of Victims in September 2005 and a draft Law on Human Trafficking and Sexual Exploitation is currently being reviewed by law-makers. [5]

The Constitution also provides some protection for victims of domestic violence, with provisions such as the ‘right to life, personal freedom and security’8 and the ‘right to life, honor and dignity[6]. The Law on Aggravating Circumstances of the Felonies also classifies rape as a crime. These laws combined are more than sufficient in providing protection to domestic violence victims and in preventing domestic violence from occurring. The reality is that the strength of these laws is undermined by the lack of implementation within the domestic context.[7]

- In Thailand

In Thailand, also it was ratified the universal declaration on human right. Thai was followed this convention when the problem regarding the domestic violence happened. The law relevant also has the Criminal code which mentioned about the penalty. Furthermore, there is a law regarding the domestic violence in Thailand as well[8].

- In Vietnam

The Vietnamese Constitution, as well as the Civil, Criminal and Family Codes generally provide for de jure equality between men and women in the political, economic, cultural, social and family spheres[9].

Vietnam ratified the Convention on the Elimination of All Forms of Discrimination against Women on 17 February 1982. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women has not yet been signed or ratified by Vietnam.[10]

With regard to other international human rights instruments, Vietnam acceded to the International Covenant on Civil and Political Rights (ICCPR) in 1982. Article 7 of the Covenant prohibits torture and other cruel, inhuman or degrading treatment. In March 2000, the Human Rights Committee adopted General Comment 28 on Article 3 of the ICCPR concerning gender equality in which it stated that in order to comply with their obligations under Article 7 of the Convention, States must submit information on national laws and practice with regard to domestic and other forms of violence against women, including rape[11].

Vietnam is also a party to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Elimination of all Forms of Racial Discrimination.[12]



III- What the government do for preventing the domestic in Cambodia, Thailand and Vietnam

- In Cambodia
The Government have take the measure as follows for preventing the domestic violence I n Cambodia:

- With the passing of the Law on the Prevention of Domestic Violence and the Protection of Victims, the government has taken measure to improve all the people to enforce the law in force and also focused on Cambodian males and those living in rural areas. [13]

- Provide training aimed at police, lawyers and the judiciary in recognizing and combating domestic violence in Cambodia.

- Conduct educational campaigns, particularly in rural areas, to counter traditional thinking that women are inferior to men and to inform them of their rights within a domestic context.

- Increase the number of trained female law enforcement officers and legal officials in dealing with domestic violence victims.

Also the Ministry of Women’s Affairs (MOWA), addresses domestic violence13 and highlights the need for ‘further legal and policy efforts to reduce domestic violence.

Additionally, as LICADHO continues to investigate cases of domestic violence and rape, the WRO pilot project in Angsnoul district is one of the first important steps towards prevention of violence against women at the community level. In the coming months the WRO will move the pilot project activities to Kompong Thom and Kampot province, refining the workshops which hope to change and evolve the attitudes of the community and the authorities towards violence against women issues. The pilot project was learning to understand domestic violence, the impact it can have on a family and the community, the concept that it is not just an internal family issue and how to deal with and prevent it.[14]

- In Thailand

In Thailand, the government policies have reduced the domestic violence such as they will push all the people follow what the law in Thai promulgated, improve the police, other authorities to make sure how to control/settle the problem coming, especially the government push the people to respect to each other regarding the human right understanding. This is the main point of the government in Thai[15].
.
- In Vietnam

The government seems to be strict for this matter because this country is the communist country, so the governments has taken many measures such as it will be punished if a man committees the violence on a woman. Other measure, the government also improve more the policy for controlling the police and other authority. These authority also get the training in relation to the matter.[16]

Chapter III: Anylysis

- Compare Cambodia against itself between 2004 and 2007

In 2004: In 2004, it was just mentioned that the data of the domestic violence again women in Cambodia was more than 2007[17]. It was not show the clearly data at all.

In 2007: In the first six months of 2007, LICADHO's WRO has received reports of 102 cases of domestic violence. According to LICADHO's monitoring of Khmer newspapers, 98 cases of domestic violence were also reported in the same period[18].

According to the two-year data above, the data in 2004 is more than in 2007.

- Compare Cambodia to Thailand between 2004 and 2007

The report in 2004 for Thailand: Two-thirds of women have fought back when they were abused and 43% in the Capital and 36% in the other province had ever left their home as the result of physical violence. About 37% of women in the Capital and 46% in the other province who experienced physical violence and NEVER told anyone about their experiences[19].

The report in 2007 for Thailand: The domestic violence in Thailand is 22% in the Capital and 14% in the other province or having to take sick leave because of injuries (13% in the Capital and 11% in the other province). Furthermore, 4% of women who had ever been pregnant in both the capital and the other province had experienced physical violence during a pregnancy. Of these about one-quarter reported that they had been punched or kicked in the abdomen during pregnancy. In most cases the perpetrator is or was the father of the child.

For comparing the data in 2004 between Cambodia and Thailand, It is not so sure because Cambodia has no clearly data as mentioned above. For comparing the data in 2007 between Cambodia and Thailand, this both countries is similar if we analyze the data above.

- Compare Cambodia to Vietnam between 2004 and 2007

In 2004 for Vietnam: There are no any specific data regarding the domestic violence in Vietnam in 2004.

In 2007 for Vietnam: They just said that the domestic violence in Vietnam in 2007 is less than 2005 and no clearly data clearly as well[20].

So, to compare the data in 2004 between Cambodia and Vietnam can not be compared. But for the data in 2007 between Cambodia and Vietnam is also can not be compared as there are no any specific data in Vietnam.

Chapter IV: Conclusion

For Cambodia, Thailand and Vietnam, as mentioned the points above, Cambodia seems to be better then other two countries as the domestic violence against women was reduced in 2007. But for the cause of domestic violence in Cambodia, Thailand and Vietnam, the government should improve what mentioned above, then the three countries will be better and better.


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[1] http://www.licadho.org/articles/20070731/60/index.html
[2] http://www.thefreelibrary.com/
[3] A report from the website www.unfpa.org
[4] http://www.omct.org/pdf/VAW/VietnamEng2001.pdf
[5] http://www.licadho.org/reports/files/77LICADHOReportViolenceAgainstWomen05.pdf
[6] Constitution article 38
[7] http://www.licadho.org/reports/
[8] Report from the newspaper of Thailand dated 12-02-2007.
[9] http://www.omct.org/pdf/VAW/VietnamEng2001.pdf
[10] http://www.omct.org/pdf/VAW/VietnamEng2001.pdf
[11] http://www.omct.org/pdf/VAW/VietnamEng2001.pdf
[12] http://www.omct.org/pdf/VAW/VietnamEng2001.pdf
[13] http://www.licadho.org/reports
[14] http://www.licadho.org/articles/20070731/60/index.html
[15] Report on Domestic violence in 2007
[16] The report on the violence against women in Vietnam.
[17] A newspaper in 2007.
[18] Attitudes towards violence against women in Cambodia slowly changing in 2007
[19] www.thefreelibrary.com/Domestic+violence+and+women's
[20] Report on Domestic Violence in 2005

4 comments:

Kanal said...

Sophorne's essay is good for some points. I really appriciate her effort of completion this essay with deadline because it is her new topic.

For her analysis, i think she should talk more why domestic violence against women is decreased in each countries. However, it is hard for her to make a clear comparison because data is not available and some part of her essay she mentions that it can't compare. I think becaue of data is not so clear, she should use verble comparison to make her eassy more meaningful.

About her format, it is good and look in order.

Last, compare her effort with this essay, it is much better to submit it within deadline.

pisey said...

You gave definition of DV in Cambodia and Thiland, why not in Vietman?

You compare Cambodia--whole country--but report from Licadho that is an NGO working partly or for gap gov't fail to do, so where the report Licado goy from (102 cases and 98 cases, ere they combined OR...what?)Is it able to make comparison for whole country only report from an local NGO?

You mentined number of 2004 DV is more than 2007, so what # cases in 2004 and # cases in 2007 to be compared?

What is you gaol of you research to find increasing or decreasing of DV in Cambodia?

srinna ty said...

After I read her paper, I think that in some points she wrote in detail, but in some other points is not detail enough.

Even though, her paper was not detail enough, but she is well done on her paper in a short time of selecting new topic.

dissertation said...

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Good Essay Topics.