GBV C ore Concepts Gender, Power and Violence
Objec8ves
01 02 03 04 05
Define the Basic Terminology
Understand the root causes of GBV
Address some of the aKtudes surrounding GBV
Define GBV
Learn the types of GBV
The Key Terms and Core Concepts • Survivor
• Gender
• Perpetrator
• Consent
• Disclosure
• Gender Based Violence
The Key Terms and Core Concepts SURVIVOR/VICTIM: Person who has experienced gender-‐based violence. The terms “vic8m” and “survivor” can be used interchangeably. “Vic8m” is a term oUen used in the legal and medical sectors. “Survivor” is the term generally preferred in the psychological and social support sectors because it implies resiliency. PERPETRATOR: Person, group, or ins8tu8on that directly inflicts or otherwise supports violence or other abuse inflicted on another against her/his will. DISCLOSURE: refers to the discovery of a GBV incident. OUen survivors choose NOT TO DISCLOSE GBV or seek help. Why?
The Key Terms and Core Concepts GENDER: refers to the social differences between men and women that are learned, and though deeply rooted in every culture, are changeable over 8me, and have wide varia8ons both within and between cultures. CONSENT: approval or assent aUer though_ul considera8on. INFORMED CONSENT: survivor understands fully the consequences of a consent and agrees freely, without any force.
GBV Core Consepts
1. GENDER vs SEX • Gender: -‐ Changeable over 8me; -‐ Gender roles, responsibili8es, opportuni8es and privileges, expecta8ons and limita8ons for males and females in different cultures are different. • Sex – biological differences between sexes (female and male). -‐ Women menstruate while men do not; -‐ Women develop breasts and can lactate; -‐ Male have tes8cles.
Sex and Gender • Sex = Gender? • Sex = Sexual OrientaMon = Gender IdenMty? • SEX: -‐ usually assigned at birth, classifying person as female, male or intersex; -‐ Based on the appearance of the external anatomy, combina8on of bodily characteris8cs (chromosomes, reproduc8ve organs)
Sex and Gender • Sexual orientaMon: -‐ Person’s capacity for roman8c, emo8onal and physical feelings for, -‐ or ajrac8on to, persons par8cular sex or gender. • Gender IdenMty: -‐ Person’s deeply felt internal and individual experience which may or may not correspond with the sex assigned at birth or the gender ajributed to them by society.
2. Human Rights • GBV is a violaMon of universal, fundamental human rights – such as? a) The right to life; b) The right to personal security; c) The right to equal protec8on under the law; d) Freedom from torture and other cruel, inhumane and degrading treatment, etc.
3. Violence = USE OF FORCE TO CONTROL OTHER PERSON OR THE OTHER PEOPLE; = GBV IMPLIES USE OF ANY OF: a) Force b)Abuse c) Coercion
4. Power • GBV involves abuse of power. • POWER = ability, skill or capacity to make decisions and take acMon; physical force or strength. • NOT ALWAYS PHYSICAL: -‐ social/community power; -‐ Economic power; -‐ Poli8cal power; -‐ Gender-‐based power; -‐ Age related power.
Root Causes of GBV Group discussion: what causes GBV in your community? What are contribu8ng factors to GBV in your community?
GBV Tree Verbal abuse DomesMc violence
Examples of GBV
Sexual abuse Rape
Dowry abuse
ContribuMng factors
Poverty Lack of educaMon Conflict
Root causes
FGM
IsolaMon
Abuse of power
• Sexual • Physical • EmoMonal • Economic • Harmful pracMces Disrespect for human rights
Forced marriage
Alcohol and drug abuse Lack of police protecMon
Gender inequality
Root Causes of GBV The cause of GBV is the ABUSE OF POWER. War, poverty, alcohol and drug abuse, injus8ce, poor coordina8on, etc. – these are all the contribuMng factors to GBV incidence.
The Concept of Power • POWER = ability, skill or capacity to make decisions and take ac8on; physical force or strength. • All rela8onships are affected by the exercise of power. • The more power the person has – more choices are available to them: people with less power have fewer op8ons and are therefore more vulnerable to abuse.
Sources of Power • SOCIAL/COMMUNITY POWER e.g. peer pressure and bullying are forms of social power. • ECONOMIC POWER -‐ Control of money or of access to goods, services, favours; -‐ Husband and/or fathers oUen hold the economic power in families; -‐ In communi8es big business owners can be extremely powerful.
Sources of Power (con8nued) • POLITICAL POWER -‐ Elected leaders; -‐ Power laid in law, which can result in abuse. • GENDER-‐BASED POWER -‐ In most cultures, males are usually in a more powerful posi8on -‐ than females. • AGE RELATED POWER
Power and Control
VIOLENCE = POWER + CONTROL
5. Harm = a direct consequence of GBV. 1. Physical injuries (including sexual); 2. Emo8onal and psychological trauma; 3. Economic hardship; 4. Rejec8on and social s8gma.
Defining GBV • ANY harmful act • Perpetrated AGINST person’s will • Based on socially ascribed differences (i.e. gender); • Violate a number of human rights; • OUen a criminal act.
Defining GBV in Greek Law • “Domes8c Violence”: Law 3500/2006 on domes8c violence refers to any act of physical violence or illegal violence and threat, or rape, sexual intercourse or other lewd acts due to inability to resist, or sexual harassment commijed within a family. • Law 3896/Gov.207/8.12.2010.: Defines direct and indirect discrimina8on based on gender, sexual harassment.
Defining GBV in Greek Law (con8nued) • Most categories of SGBV are regulated by Greek Criminal Code (CC). Some of them are: -‐ Rape: sexual intercourse or other sexual acts because of force or physical violence or threat, including one’s spouse (marital rape); penalty: 5 – 20 years of imprisonment (Ar8cle 336 of CC) -‐ Sexual harassment and serious offence rela8ng to sexual life (gestures, proposal and indecent acts); punishable with up to 1 year of imprisonment (Art.338)
Defining GBV in Greek Law (con8nued) -‐ Sexual intercourse and/or other sexual acts perpetrated because of in ability to resist (for reasons related to insanity, consump8on of drugs or alcohol, etc.), including one’s spouse; perpetrators can be punished with up to 10 years of imprisonment.
Gender-‐Based Violence (GBV) GENDER-‐BASED VIOLENCE (GBV) is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other depriva8ons of liberty. These acts can occur in pub-‐ lic or in private. Violence against women is “any act of gender-‐based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women.” The United Na,ons Declara,on on the Elimina,on of Violence against Women (DEVAW, 1993)
Gender-‐Based Violence (GBV) GENDER-‐BASED VIOLENCE (GBV) also includes certain forms of violence against men and boys. GBV against men and boys is: • Based on socially constructed ideas • Can be perpetrated by men and by women • OUen under-‐reported (fear from repercussions or s8gma)
Gender-‐Based Violence (GBV) GENDER-‐BASED VIOLENCE (GBV) also used to describe violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, and is ‘’driven by a desire to punish those seen as defying gender norms’’ -‐ OHCHR, 2011
• QUESTIONS? • CONCERNS? • COMMENTS?
Agree or Disagree?
Exploring Beliefs About Violence
? Some women ask for or provoke men to rape, beat, or abuse them through their own behavior.
THE VICTIM
IS NOT TO BLAME FOR THE VIOLENCE
? A man cannot rape his wife.
VIOLENCE IS AN ACT OF FORCE, PERPETRATED AGAINST SOMEONE’S WILL
? Rapists are psychopaths, uncultured and uneducated men.
VIOLENCE CAN BE PERPETRATED BY
ANYONE
? Alcohol and drugs are the reason men beat women.
VIOLENCE IS A
CHOICE.
DRUGS AND ALCOHOL CAN ESCALATE VIOLENCE, BUT CANNOT CAUSE IT.
Types and Signs and Symptoms of GBV, Response
Types of GBV
Types of GBV in Greek Law
• Physical • Sexual • Emo8onal and psychological
Physical violence – Greek Law • Serious mental or physical injury due to a physical assault; perpetrators of serious injuries are punished with imprisonment, of two years at least. The same act is punished with three years imprisonment at least, or more, if the perpetrator acted by covering or changing the characteris8cs of his face. (Ar#cle 310 CC, misdemeanour, ex officio prosecuted) • Slight injury because of a physical assault; perpetrators of slight injuries are punished with deten8on, of up to six months or a fine of up to 3000 euros. (Ar#cle 308 CC, misdemeanour, ex parte prosecu8on)
Physical violence – Greek Law • Serious mental, physical or psychological injury due to physically assaulted by a member of one’s family; if the acts may put one’s life at risk or cause serious injury, they are punished with imprisonment, of two years at least (misdemeanor, ex officio). If these acts have as a consequence the serious mental or physical injury of the vic8m, there may be punished with imprisonment from 5 to 20 years. (Ar#cle 6 para. 2 and 4, Law 3500/2006, felony, ex officio)
Physical violence – Greek Law • Physical assault by a member of one’s family, even very slight because of their instant or constant behavior; the perpetrator of these acts is punished with imprisonment, of one year at least. (Ar8cle 6 para. 1, Law 3500/2006, misdemeanour, ex officio) • Torture or any other inhumane or degrading treatment, as a means of punishment or in8mida8on, or in order to be forced to give informa8on or make a declara8on; Such treatment may cons8tute serious injuries, serious forms of physical and psychological violence, as well as serious offences to human dignity, by using prolonged isola8on, a truth detector, or offences referring to sexual dignity; the perpetrator of these acts is punished with imprisonment, of up to 20 years. (Ar#cle 137A CC, felony, ex officio)
Physical violence – Greek Law • Induc8on/ promo8on / facilita8on to pros8tu8on by a third person in order for them to obtain income/ for income genera8on purposes; perpetrators can be punished with imprisonment, of 18 months at least. (Ar8cle 349 para. 3 CC, misdemeanor, ex officio prosecuted) • Trafficking of human beings for Sexual exploita8on, by being trafficked in or outside Greece, with the use of force or threat or fraudulent means or by taking advantage of one’s vulnerability; perpetrators of these acts are punished with imprisonment, up to 10 years and a fine from 10.000-‐50.000 Euros. If these acts are linked with irregular entrance, residence or exit from Greece or had as a consequence the serious injury of a person, then the perpetrator is punished with imprisonment of 10 years at least, and a fine from 50.000 -‐100.000 Euros. (Ar#cle 351 CC felony, ex officio prosecuted)
Emo8onal and Psychological violence – Greek Law • Verbal abuse/ Insults of honor; the perpetrator of these acts is punished with imprisonment, up to one year. (Ar#cle 361 para. 1 CC, misdemeanour, ex parte prosecu8on) • Illegal confinement without one’s consent or deprivaMon of one’s freedom of movement; the perpetrator of these acts is punished with imprisonment, of two years at least. (Ar#cle 325 CC, misdemeanour, ex officio)
GBV Across Life Stages
Types of GBV Q: What types of (S)GBV are you familiar with? What types you iden8fy most oUen? How do you iden8fy them? According to NaMonal GBV SOPs: 1. Rape; 2. Sexual Assault; 3. Physical Assault; 4. Forced Marriage; 5. Denial of Resources, Opportuni8es or Services; 6. Psychological/Emo8onal Abuse; 7. Survival Sex/Sexual Exploita8on; 8. Human Trafficking.
1. Rape • Non-‐consensual, physically forced penetraMon of the vulva, anus or mouth, including with an object. • Main elements: 1. Power (exercised through force or threat); 2. Lack of consent; 3. Inflic8ng harm; 4. Penetra8on. • Think about your role in idenMficaMon of rape: how will you prove it is a rape?
2. Sexual Assault • Any form of non-‐consensual sexual contact other than penetra8on. Examples: -‐ Unwanted kissing; -‐ Touching of genitalia and other private areas; -‐ Ajempted rape; -‐ FGM. Main elements? 1. Power 2. Lack of consent 3. Inflic8ng Harm 4. Sexual in nature
Sexual Harassment in Greek Context •
Sexual Harassment and serious offence rela8ng sexual life, because of gestures or proposals for lewd/indecent acts; perpetrators of these acts are subjected to up to one year of imprisonment or a fine (Art.337 para. 1 CC, misdemeanour, prosecu8on aUer a complaint is filed by vic8m).
•
Sexual Harassment because of humiliaMng oral or physical act, referring to sexual life, by a member of one’s family; perpetrators of these acts may be sentenced to up to 2 years imprisonment (Art.9, Law 3500/2006).
3. Physical Assault • Why and when do we consider it to be GBV? • Physical violence not sexual in nature; • Results in pain, discomfort or injury: -‐ hiKng; -‐ Slapping; -‐ Choking; -‐ CuKng, burning, shoo8ng; -‐ Acid ajacks
4. Forced Marriage • A marriage of an individual against his/her will • Child marriage (formal or informal union before 18)
Forced Marriage – Greek Law • Forced Marriage: According to Greek Law, a wedding is valid if the persons to be married give their free consent. A marriage that has been contracted without one’s free will is not valid. • A wedding that has been contracted because of a threat, decep8on or a fraud can be annulled (Ar8cles 1350, 1372-‐1374 of the Civil Code). • The law punishes the perpetrator, with imprisonment, of one year at least, in case one has been abducted or confined against one’s will in order to get married (At.327 of the Criminal Code).
Early Marriage – Greek Law • Early Marriage: a marriage can only be contracted between persons of 18 years old or above. • For compelling reasons, the Court may permit the marriage of underage persons by taking into considera8on the best interest of the children, the opinion of the persons to be married and that of their parents/guardians (Ar8cle 1350 Civil Code)
5. Denial of Resources, Opportuni8es or Services • Widow prevented from receiving inheritance; • Earnings forcibly taken by family member or in8mate partner; • Preven8on to use contracep8ves; • A girl prevented to ajend school, etc.
6. Psychological / Emo8onal Abuse • Inflic8on of mental or emo8onal pain or injury: • Threats of physical or sexual violence; • In8mida8on; • Humilia8on; • Forced isola8on; • Stalking; • Destruc8on of cherished things etc. • It is one of the GBV myths that GBV can only be physical.
Survival Sex/Sexual Exploita8on • FORCED pros8tu8on or exchange of sexual favours for material resources, services and support; • Usually targe8ng women and girls who cannot meet their or their children’s basic needs; • Male adolescents also targeted. Q: Should pros8tu8on be legalised? Pro and Cons.
Human Trafficking ‘’…The recruitment, transporta8on, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduc8on, of fraud, decep8on…for the purpose of ex-‐ ploita8on.’’ -‐ Protocol to Prevent, Suppress and Punish Trafficking in Persons
Trafficking Act • • • • •
Recruitment Transport Transfer Harbouring Receipt of persons
Means • Threat or use of force • Coercion • Abduc8on • Fraud • Decep8on • Abuse of power or vulnerability • Giving payments or benefits
Purpose • Exploita8on, including: • Commercial sexual exploita8on (or pros8tu8on of others) • Sexual exploita8on • Forced labour • Slavery or similar prac8ces • Removal of organs
Trafficking according to the Greek Law • Trafficking of human beings for Sexual exploitaMon (Ar#cle 351 CC felony, ex officio prosecuted) • Being trafficked in or outside Greece, with the use of force or threat or fraudulent means or by taking advantage of one’s vulnerability; • Perpetrators of these acts are punished with imprisonment, up to 10 years and a fine from 10.000-‐50.000 euros. If these acts are linked with irregular entrance, residence or exit from Greece or had as a consequence the serious injury of a person, then the perpetrator is punished with imprisonment of 10 years at least, and a fine from 50.000 -‐100.000 euros.
Is this trafficking? With the help of a smuggler and for a fee, a person seeks to move irregularly from loca8on A to loca8on B. Before reaching loca8on B, the smuggler takes the individual to an unknown loca8on far off route and tells them that the fee has now increased by $200 due to bribing a policeman at a new check point. The person is told that they can pay the fee only through paid sexual services to a man living nearby.
Yes. The act (harbouring), means (coercion)
and purpose (forced pros8tu8on) are evident. This is a case of smuggling that became trafficking.
Is this trafficking? With the help of a smuggler and for a fee, a person seeks to move irregularly from loca8on A to loca8on B. She realizes half way through the journey that she cannot afford the agreed fee. The smuggler tells her that she can work as domes8c help for his friend for one month to pay the remainder of her way. AUer she begins working, she realizes that she cannot leave the house and is regularly beaten.
Yes. Although she ini8ally consented to the
condi8ons of work, her ability to revoke her consent was removed and the condi8ons of work changed. The act (harbouring), means (decep8on or abuse of power/vulnerability) and purpose (forced labour) are evident.
THB Na8onal Referral Mechanism • The Na8onal Referral Mechanism (EMA) is ins8tu8onally established through the Na8onal Rapporteur’s Office -‐ GG 3003/2016 • EMA will: -‐ Collect and refer vic8m protec8on requests detected / iden8fied by the competent public authori8es or other working on recep8on and support of the target popula8on -‐ Monitor protec8on ac8vi8es related to trafficked persons -‐ Set up and operate a registra8on system of requests for protec8on that will include progress of all stages (iden8fica8on, referral and monitoring of case management).
THB Na8onal Referral Mechanism • The Na8onal Center for Social Solidarity (EKKA) has been designated as the na8onal coordina8ng authority and is currently func8onal at its role as such • Organiza8onal and opera8onal issues rela8ng to EMA will be jointly handled by the Na8onal Rapporteur’s Office and EKKA • SOPs are currently being set up within a working group chaired by EKKA. They will include: -‐ Detailed interview ques8onnaire for the case intake -‐ Consent related issues -‐ Data management -‐ Referral pathways
Response Â
Response – Know the Available Services
Case Studies – in groups discuss the type od GBV of your case. Prepare to share
ς
Ques8ons? Concerns?
LGBTI, SSOGI
Basic Terminology: LGBTI and SSOGI • Sexual OrientaMon = person’s enduring capacity for profound roman8c, emo8onal, and/or physical feelings for, or ajrac8on to, person(s) of a par8cular sex or gender. It encompasses: • Heterosexuality • Homosexuality • Bisexuality and, • Other expressions of sexual orientaMon.
Basic Terminology: LGBTI and SSOGI Lesbian = a woman whose enduring roman8c, emo8onal and/or physical ajrac8on is to other women. Gay = an adjec8ve generally used to describe a man whose enduring roman8c, emo8onal and/or physical ajrac8on is to other men, although the term can also be used to describe women. Bisexual = persons who have the capacity for roman8c, emo8onal and/or physical ajrac8on to person(s) of the same sex or gender as well as to persons of a different sex or gender.
Basic Terminology: LGBTI and SSOGI • INTERSEX = person born with sexual anatomy, reproduc8ve organs, and/ or chromosome pajerns that do not fit the typical defini8on of male or female. • may be apparent at birth or become so later in life. • An intersex person may iden8fy as male or female or as neither. • Intersex status is not about sexual orienta8on or gender iden8ty: intersex people experience the same range of sexual orienta8ons and gender iden88es as non-‐intersex people.
Basic Terminology: LGBTI and SSOGI Gender IdenMty = deeply felt and experienced sense of one’s own gender. • May or may not be consistent with the sex assigned to them at birth or the gender ajributed to them by society. Transgender = (some8mes shortened to “trans”) is an umbrella term used to describe a wide range of iden88es —including transsexual people, cross-‐dressers (some8mes referred to as “transves8tes”), people who iden8fy as third gender, and others whose appearance and characteris8cs are perceived as gender atypical.
Basic Terminology: LGBTI and SSOGI • SSOGI = persons of diverse Sex, Sexual Orienta8on and Gender Iden8ty. • LGBTI = an acronym for lesbian, gay, bisexual, transgender and intersex.
Terminology to Avoid • Sexual Preference or Behaviour • Way of Life, lifestyle, agenda or choice • Not normal, abnormal or unnatural • Problem or a condi8on • She-‐man, He-‐she or tranny • Hermaphrodite, homo, fag, faggot or dyke
Homophobic and Transphobic Violence “when the human rights of LGBT people are abused, all of us are diminished. Every human life is precious – none is worth more than another”. Former Secretary General Ban Ki-‐moon remarks at the High Level LGBT Core Group Event “Leaving No-‐One Behind: Equality & Inclusion in the Post-‐2015 Development Agenda (September 2015)
UN Commitment to ‘’leave no-‐one behind’’: LGBT Core Group aims: -‐ to ensure a place for SOGI (sexual orienta8on and gender iden8ty) on UN Agenda; -‐ promote coordina8on and strategizing across countries, and -‐ prompt awareness of grave human rights viola8ons against LGBT people.
Homophobic and Transphobic Violence is a grave viola8on of Human Rights • In 2006: Yogyakarta, Indonesia – mee8ng of a group of interna8onal human rights experts in a response to well documented pajerns of abuse; • The group set 29 principles – Yogyakarta Principles: a universal guide to human rights which affirm binding interna8onal legal standards to which all states must comply. • In prac8ce, principles are a guide to applica8on of interna8onal human rights law in rela8on to SOGI issues.
Yogyacarta Principles • Acknowledges human rights viola8ons based on sexual orienta8on and gender iden8ty and establishes relevant legal framework in Preamble. • 1 – 3 Principle set the Universality of human rights and their applica8on to all persons. Example: laws criminalizing homosexuality violate interna,onal right to non-‐discrimina,on – decision of the UN Human Rights CommiVee
Yogyacarta Principles • 4 – 11 address fundamental rights to life, freedom from violence and torture, privacy, access to jus8ce and freedom from arbitrary deten8on. E.g. death penalty con,nues to be applied for consensual adult sexual ac,vity between persons of the same sex, despite the UN resolu,ons emphasising the ban of the death penalty in these cases.
• 12 – 18 principles set the importance of non-‐discrimina8on in the enjoyment of ESC rights, including employment, accommoda8on, social security, educa8on and health. E.g. Girls who display same-‐sex affec,on, according to the report of UN Special Rapporteur on the right to educa,on, face discrimina,on and expulsion from educa,onal ins,tu,ons.
Yogyacarta Principles • 19 – 21 principles emphasise importance freedom of expression, of one’s iden8ty and one’s sexuality, without state’s interference based on sexual orienta8on or gender iden8ty; rights to par8cipate in public assemblies and otherwise associate in community with others. Example: Par,cipants in Equality March in Poland faced harassment and in,mida,on with comments such as ‘Let’s get the fags’ and ‘We will do to you what Hitler did to Jews’. State interfered with banning the Pride marches, conferences and events. (Spec. Rapporteur on contemporary forms of racism, racial discrimina,on, xenophobia and related intolerance , 2006)
Yogyacarta Principles • 22 – 23 are principles seKng the rights to seek asylum for a reason of persecu8on based on sexual orienta8on or gender iden8ty. • 24 – 26 include the rights of persons to par8cipate in family life, public affairs and the cultural life of their community, without discrimina8on based on their sexual orienta8on or gender iden8y. • 27 recognises the right to promote human rights without discrimina8on based on sexual orienta8on or gender iden8ty; obliga8on of states to protect human rights defenders working on these areas. • 28 – 29 affirm the importance of holding violators accountable.
Homophobic and Transphobic Violence are Gender Based Violence • Homophobic and Transphobic Violence = Violence against lesbian, gay, bisexual or transgender people. • Diverse SOGI oUen seen as defying gender norms; Violence against diverse (real or perceived) SOGI is con sidered as GBV; It is driven by a desire to punish those seen as opposing gender norms.
• Example: Viola8ons against lesbians inseparable from their sexual orienta8on: mul8ple rape of a lesbian in Zimbabwe, arranged by her own family in an ajempt to ‘cure’ her of her homosexuality. Report of the Special Rapporteur on violence against women, its causes and consequences, Commission on Human Rights, 31 January 2002
In April 2017, there was a wave of reports of deten8on and extra-‐judicial kill-‐ ings of gay men by Chechnya’s security forces. The killings also take form of honour killings which are ‘par8cular danger in this kind od society’…’ although male homosexuality is now legal in Russia, a law in 2013 which banned propaganda for LGBT lifestyles in Russia has been used to silence the voices of gay people.’ Maj Pickles. ‘Analysing homophobic violence in Chechnya’. Oxford Arts Blog April 2017.
Protec8on of persons of diverse SSOGI from GBV • LGBTI considered to be among most marginalized groups also in emergency response • LGBTI must be included in all stages of (GBV Minimum standards) designing GBV preven8on and response programmes: ENSURING PARTICIPATION in: 1. Planning (rapid needs assessments, FGDs..); 2. Design (consulta8on, seKng priori8es, project design..); 3. Implementa8on, and 4. Monitoring and Evalua8on.
Specific Risks faced by LGBTI in context of migra8on • Lack of access to safe and • Physical or sexual violence appropriate housing • Being compelled to conceal • Transgender persons may be at high their sexual orienta8on/gender iden8ty because of fear of abuse, risk having the miss-‐match of gender iden8ty and appearance from those violence or loss of assistance in official documenta8on • Rejec8on (family and community..) • Forced marriage • Prejudicial public services Lack of access to food, including by • Evic8ons from homes being removed from food queues or • Severe psychological effects (like PTSD, depression or anxiety) rela8ng turned away at the delivery points to past experiences of violence Reliance on survival sex • Criminaliza8on of consensual same-‐sex rela8ons and associated risks of arrest, etc./discriminatory laws and prac8ces
Ac8vity • Consider what are specific risks for LGBTI person Group 1: …in the family Group 2: …in their community (school, work, religious community) Group 3: …in accessing public services • Explain how in Greek context these risk can be mi8gated. (10 minutes)
Rape, GBV and Torture GB in IHRL and IHL; Case studies
GBV Is a severe viola8on of human rights Type of GBV
Violated Right
Protected by*:
Rape
Freedom from torture, or cruel, inhuman, or degrading treatment or punishment, the right to life
CAT, UDHR, 1969 Covenants, CEDAW, DEDAW
Sexual Exploitation
Human dignity and physical integrity
CEDAW, CAT, DEDAW
Violence based on Sexual Orientation
Right to live free from discrimination, and the right to equality, including equal protection of the law
UDHR, 1969 Covenants, ECHR, DEDAW
Confinement
Cultural, political and public participation; education; access to public services
1969 Covenants, Convention on the Rights of the Child
Domestic Violence
Life and equality; including equal protection under the law
UDHR, CEDAW, 1969 Covenants, Convention on the Rights of the Child, DEDAW
FGM/C
The highest attainable standard of physical and mental health
CEDAW, UDHR, CAT, DEDAW
*Only universal, interna,onal HR sources referred to, not exhaus,ve list.
Torture • General defini8on – Conven8on against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) 1984: • “…any act by which severe pain or suffering, whether physical or mental, is inten8onally inflicted on a person for such purposes as obtaining from him or a third person informa8on or a confession, punishing him for an act he or a third person has commijed or is suspected of having commijed, or in8mida8ng or coercing him or a third person, or for any reason based on discrimina8on of any kind, when such pain or suffering is inflicted by or at the ins8ga8on of or with the consent or acquiescence of a public official or other person ac8ng in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanc8ons.” -‐ CAT, Ar8cle 1(1).
Torture • InternaMonal Humanitarian Law Sources: 1. 1863, Lieber Code, Art. 16: Military necessity does not admit of cruelty -‐ that is, the inflic,on of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devasta,on of a district. It admits of decep,on, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hos,lity which makes the return to peace unnecessarily difficult.
Torture • InternaMonal Humanitarian Law Sources: 2. 1945 The Charter of IMT at Nuremberg, Ar8cle 6b and 6c – defining war crimes and crimes against humanity, includes ill-‐ treatment of civilian popula8on and of prisoners (as War Crimes); ...extermina8on, enslavement, deporta8on and other inhumane acts upon civilians (CAH).
Torture • InternaMonal Humanitarian Law Sources: 3. 1949 Common Ar8cle 3 of Geneva Conven8ons: prohibi8ng ‘’ cruel treatment and torture’’ and ‘’outrages upon personal dignity, in par8cular humilia8ng and degrading treatment’’ of civilians and persons hors de combat.
Torture • InternaMonal Humanitarian Law Sources: 4. 1949 Common Ar8cle 3 of Geneva Conven8ons: prohibi8ng ‘’cruel treatment and torture’’ and ‘’outrages upon personal dignity, in par8cular humilia8ng and degrading treatment’’ of civilians and persons hors de combat. Addi8onal Protocol I ( Art.75(2)) and Addi8onal Protocol II (Art.4(2)) of 1977 strengthen the prohibi8on of torture and outrages upon personal dignity, of humilia8ng and degrading treatment.
Torture • InternaMonal Humanitarian Law Sources: 4. Torture, cruel treatment and outrages upon personal dignity, in par8cular humilia8ng and degrading treatment, cons8tute war crimes in non-‐interna8onal armed conflicts under the Statutes of the Interna8onal Criminal Court, of the Interna8onal Criminal Tribunal for Rwanda and of the Special Court for Sierra Leone.
ICTY Â
Rape and torture • Torture can take form of rape or other gender based violence • Each mount to crimes against humanity • Rome statute, defining CAH, lists torture and rape, sexual slavery, en forced pros8tu8on, forced pregnancy, enforced steriliza8on, or any other form of sexual violence of similar gravity. • As a form of torture oUen, but not only, executed against LGBTQI popula8on
UN Special Rapporteur on Torture (2016): • “We have a tendency to regard viola8ons against these [LGBTQI] groups as ill-‐treatment even where they would more appropriately be defined as torture.” • women make up between 2% and 9% of the prison popula8on in most of the world’s prisons. Of those women, up to 80% are mothers and yet most jails are typically designed for men. • “Denial of safe abor8on services in some instances such as cases where the life of the mother is endangered, foetal impairment, or where the pregnancy is the result of rape and incest can also amount to torture or ill treatment of women”, he furthermore said.
UN Special Rapporteur on Torture (2016):
“States must finally implement their heightened obliga8on to prevent and combat gender-‐based violence and discrimina8on perpetrated by both State and private actors against women, girls and persons who transgress sexual and gender norms,”
UN Special Rapporteur on Torture, 2016: “Don’t Downplay gender-‐based violence”. Available at: hjp://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17187&LangID=E Photo Amnesty Interna8onal
Torture and Gender • Experience of torture can be 8ed to one’s gender • Rape and other forms sexual violence (according to interna8onal law), against both sexes, can cons8tute a form of torture • The forms of torture can be gender specific (gender roles and inequali8es)
Gender sensi8ve interpreta8on of torture • Sexual violence as a form of torture is any act or threat of sexual nature by which severe mental or physical pain or suffering is caused to obtain informa8on, confession or punishment of a vic8m or third person, in8midate her or a third person to destroy, in whole or in part, na8onal, ethnic, racial or religious group. • Used in order to (against all genders and sexes) humiliate and/or to emasculate the vic8m, while simultaneously enhancing perpetrators’ masculinity by asser8ng power and dominance. • OUen described as a strategic weapon of war
Case studies and Discussions • Without sharing confiden8al data, try to explain: • What cases of torture did I meet? Why do I believe it is torture? • Where did the torture take place? • How can 8me of incident define the response needed? • What are the gaps in exis8ng services in my country?
Assessing the Needs • Remember the guiding principles: DO NO HARM. “Vic,ms should be treated with humanity and respect for their dignity…ensure their safe-‐ ty, physical and psychological well-‐being and privacy, as well as those of their families.” -‐ GA Resolu8on 60/147 of 16 December 20015 IniMal assessment: 1. Be prepared: know your target popula8on, their background and partners that may support mee8ng the needs; know what cons8tutes torture and common problems reported by survivors. 2. Create safe space for the story to be told – tes8mony is a vent and poten8al evidence. 3. Build trust. Explain what it is that you are doing and why; how you may be able to help? 4. Iden8fy poten8al immediate risks; e.g. health risk, risk of self harm. Extend the assessment to the family members. 5. Are specialist skills and experience needed for the (part) of the assessment?
Assessing the Needs 6. 7. 8. 9.
Note what further assessment is required and iden8fy follow up needs. Provide survivor with the informa8on about (accessing) the health services in Greece Provide informa8on about legal aid and social services. Make sure to have a consent if the referral is to be made. Inform survivor of the consequences of such referral, i.e. if health services – what tests doctor may do. 10. Documenta8on: make sure to keep notes and share with the survivor if they request; make them accessible in case of future need. Record all relevant details, that survivor is ready to share with you (do not pressure for informa8on).
Response • Medical/Health – especially immediate health REHABILITIATION risks should be iden8fied; • Psychological – oUen needed therapy for PTSD; • Social – does the survivor need to re-‐establish family connec8ons, or – are family members impacted? Does survivor have a suppor8ve community? Adequate shelter and community integra8on may be decisive in process of rehabilita8on. • Legal – those claiming they are survivors of torture have the rights in line with na8onal and interna8onal laws. It is the right of a survivor to have an access to relevant informa8on concerning viola8ons and repara8on mechanisms.
What is YOUR EXPERIENCE?
Repara8on = a right of a vicMm to: a) Res8tu8on (re-‐establishing status quo, or situa8on that existed before the wrongful act). Restoring individual’s liberty, legal rights, social status, family life and ci8zenship; return to one’s place of residence; restora8on of employment and property. (E/CN/4/2000/62) b) Compensa8on – for the damage suffered – to the extent possible, f or the physical and mental harm, lost opportuni8es (educa8on, social benefits..), material and moral damages, costs required for services etc.
Repara8on c) Rehabilita8on – extended interpreta8on from medical and psychological to legal and social services; d) Sa8sfac8on and Guarantee of Non-‐Repe88on
Poten8al obstacles to repara8on: Objec8ve • Timing of incidents and repara8ons; • Form of repara8on – some survivors do not want to assign cash value to their suffering; the form should always be culturally and poli8cally sensi8ve. • Who is to pay for compensa8on? (especially if incident took place in COO involving non-‐state actors); • Social marginalisa8on and exclusion; • Certain groups oUen excluded from repara8on policies (women, indigenous); • Lengthy procedures.
SubjecMve • Harm or re-‐trauma8sa8on (seKng un realis8cally high expecta8ons for survivors; too restric8ve process of claiming repara8ons; using ‘’vic8m” instead of ‘’survivor’’, the process of claims etc. • Differen8a8on between vic8ms; • Lengthy procedures; • Guilt and shame.
Common Signs and Symptoms of GBV
Some of the Disclosure Scenariost • Family members disclose an incident to you without the knowledge of the adult survivor. What do you do? • A woman comes to you and tells that she fears telling you her story because she does not want her family to find out. • In a focus group discussion (FGD), women tell you about the case that ‘’everyone knows’’ about. • You receive informa8on that the child perpetrator lives with the survivor.
YOUR EXPERIENCE?
Common Signs and Symptoms of GBV According to Age Infants and Toddlers (0-‐5):
Younger Children:
•
• Similar reac8ons to children 0-‐5, and addi8onally: • Fear of par8cular people, places or ac8vi8es, or of being ajacked • Behaving like a baby (weKng the bed or wan8ng the parents to dress them); • Suddenly refusing to go to school; • Touching their private parts a lot • Avoiding family or friends, or generally withdrawing to themselves • Refusing to eat or wan8ng to eat all the 8me
• • • •
Crying, whimpering, screaming more than usual Clinging or unusually ajaching themselves to caregivers Refusing to leave ‘’safe’’ places Difficulty sleeping or sleeping constantly Losing the ability to converse, losing bladder control, other developmental regression Displaying knowledge or interest in sexual acts inappropriate to their age
Common Signs and Symptoms of GBV According to Age ADOLESCENTS (10-‐19) • Depression (chronic sadness), crying or emo8onal numbness; • Nightmares or sleep disorders; • Problems in school or avoidance of school; • Displaying avoidance behaviour, including withdrawals from family and friends; • Self-‐destruc8ve behaviour (drugs, alcohol, self-‐inflicted injuries) • Changes in school performance; • Exhibi8ng ea8ng problems; • Suicidal thoughts or tendencies; • Talking about abuse, experiencing the flashbacks.
ADULTS • Flashbacks; • Nightmares; • Emo8onal numbing; • Avoidance of reminders of the trauma; • Depression, suicidal thoughts; • Difficul8es with peer rela8onships; • Self-‐destruc8ve behaviour (ex. Changes in work performance, abandonment of friendships, neglec8ng caretaking responsibili8es, self-‐harm)
Reflec8ng on Some of the General Risk Categories and Risk Indicators Children and Adolescents: • Separated and Unaccompanied • Orphan • Adolescent parent • Child headed household • Early marriage • Early pregnancy • Forced labour • Unsafe living condi8ons • Engaging in survivor sex
Women and Girls: • Woman (single parent, widow, abandoned older woman) • Unsafe in home or community • Trafficked person • Threat of rape or violence • Engaging in survival sex • FGM • GBV (threats or Survivors)
Reflec8ng on Some of the General Risk Categories and Risk Indicators Health and Disability: • Persons with chronic illness • Person with other serious medical condi8on impac8ng ability to func8on independently • Intellectual disability • Visual and/or hearing impairment • Physical disability • Mental illness • Drug / alcohol abuse / addic8on • Bodily injury or phycological trauma
Older People: • Unable to care for self on a daily basis • No family support • Grandparent or older person-‐headed household
Guiding Principles in Working with GBV Survivors
Guiding Principles in Working with GBV Survivors
• Confiden8ality • Respect • Non-‐discrimina8on • Safety and Security
Respect • Uphold the rights, dignity and choices of a survivor • Respect is a human right; all survivors must be treated with dignity and respect • All disclosures of abuse must be heard with respect and believed • We have a responsibility to: -‐ hold the perpetrator responsible for the abuse NOT A SURVIVOR; -‐ Maintain non-‐judgmental manner; -‐ Do not laugh or show any disrespect for the individual or her culture, family situa8on; -‐ THE STATUS OF THE VIRGINITY OF A SURVIVOR SHOULD NOT BE DISCUSSED
Non-‐Discrimina8on
Every adult or a child, regardless of her/his sex, should be accorded equal care and support. Vic8ms / survivors of violence should receive equal and fair treatment regardless of their race, religion, na8onality or sexual orienta8on.
Safety and Security • SECURITY: basic enMtlement, a right guaranteed by art.3 of UDHR 1948 -‐ Associated with exercise of liber8es; -‐ Protec8on against harm (including arbitrary ar rest or deten8on); -‐ Accessing rights (services) without any threat • SAFETY = awareness + preparaMon. -‐ personal -‐ confiden8ality
Confiden8ality • Protec8ng the confiden8ality of the survivor and ensuring informed consent. • Share only the necessary informa8on, as requested and as agreed by the survivor, with those actors involved in providing assistance. • The confiden8ality of the perpetrator should also be respected. • Informa8on about survivors should never be shared if it includes the individual’s name. • Informa8on concerning the survivor should only be shared with third par8es aUer seeking and obtaining the survivor’s (or their parents’, in the case of children) explicit consent in wri8ng.
Confiden8ality • All wrijen informa8on must be maintained in: Secure, locked files. • If any reports or sta8s8cs are to be made public, only one officer in the organisa8on should have the authority to release the informa8on. • Only general informa8on about the vic8ms/survivors can be shared. • Any iden8fying informa8on (name, address, etc.) should be removed.
Always EXPLAIN confiden8ality “It is important for you to know that I will keep what you tell me confi-‐ den8al. This means I will not tell anyone what you tell me or any infor-‐ ma8on about your situa8on, unless you ask me to, or it is informa8on that I need to share because you are in danger. I may not be able to keep this informa8on to myself, and I will explain why. The 8mes I would need to share informa8on you have given me is if: • If I find out that your life is in immediate danger. • If you tell me you have made plans to seriously hurt yourself • If you tell me you have made a plan to seriously hurt someone else”
Confiden8ality – Greek Law •
Certain professionals in Greece are bound by the principle of professional confiden8ality: social workers, psychologist, doctors, den8sts, lawyers. The viola8on of this obliga8on is punishable by law, although there are excep8ons that permit to the breaching of this obliga8on to remain unpunished (Ar8cle 371 CC, please see below).
• •
Ar8cle 371 Criminal Code – Viola8on of Professional Confiden8ality Specific provisions Ar8cle 6 para 1(e), PD 23/1992 regarding confiden8ality and social workers, Ar8cle 9 Law 991/1979 on confiden8ality and psychologists and Ar8cle 13 para 3, Law 3418/2005 on confiden8ality and doctors.
•
An excep8on to this obliga8on of confiden8ality is required by Ar8cle 12 of the Conven8on of the Council of Europe for the protec8on of children from sexual exploita8on and abuse (Lanzarote).
•
Similar provisions exist in ar8cles 27 and 28 of the Council of Europe Conven8on on Preven8ng and Comba8ng Violence against Women and Domes8c Violence that Greece has signed but not ra8fied yet.
Group Ac8vity • A woman, along with her children, has been severely beaten by her drunken husband. In agony and scared, they come to seek refuge in your office. The woman starts to explain that all the food and non-‐food items distributed by NGOs are being diverted by her husband for gambling and drug purposes. She and her children are malnourished and subjected to daily bea8ng and humilia8on. She cannot appeal to her community, as her husband is the son of the powerful clan chief of the refugee camp. You indeed no8ce that the mother and the children are in great shock and in need of immediate medical assistance. • • • •
Group 1: what ac8ons are needed to ensure confiden8ality? Group 2: how to ensure respect while assessing this case? Group 3: what ac8ons are needed to ensure safety and security? Group 4: How to ensure non-‐discrimina8on in managing this case?
GBV SOP Specific Guiding Principles/Programming • All agencies working with Survivors will 1. Engage the community in preven8on of GBV and promo8on of gender equality; 2. Ensure equal par8cipa8on of women, girls, men and boys; 3. Ensure a wholis8c approach in response and preven8on; 4. Ensure accountability at all levels; 5. Operate in line with interna8onal human rights standards and na8onal legal framework; 6. Code of Conduct
When working with Persons with Disabili8es, addi8onally: • Ensure person’s dignity, autonomy, freedom to make one’s own choices and independence is respected; • Guarantee full and effec8ve par8cipa8on and inclusion; • Respect the difference and acceptance of persons with disabili8es as part of human diversity and humanity; • Ensure equality an equal opportuni8es; • Ensure availability / access to services; • Respect evolving capaci8es of children with disabili8es.
When working with Child Survivors: • Promote Child’s best interest; primarily – physical and emoMonal safety; • Comfort the child – service providers must be trained in how to handle a disclosure of abuse appropriately; • Ensure appropriate confiden8ality: abide the na8onal laws related to sharing informa8on; important to consult a child and/or parent or caretaker. • In cases where wishes of a child cannot be respected, the reasons should be explained to a child; • Involve child in decision making (in line with his/her level of maturity and age); • Strengthen children’s resilience
Approaches • HUMAN RIGHTS BASED APPROACH PoCs in Greece are ‘’rights holders’’. The approach seeks to meet the needs as their rights.
• SURVIVOR-‐CENTERED APPROACH
Ensure smooth access to services based on the needs of the survivor; ensure suppor8ve environment in which Survivor’s rights are respected and (s)he is able to re-‐take control over her/his life. It is based on the 4 basic guiding principles.
• COMMUNITY BASED APPROACH
PoCs should be leaders and key partners in developing strategies related to their assistance and protec8on.
• AGD APPROACH
All persons of concern, different ages and gender and other diversity, enjoy rights equally and par8cipate fully in decision making processes and beyond.
Working with Child Survivors of SGBV
Acts rela8ng to children which are punished under Greek law • Sexual harassment (if survivor is below 12), including by a member of one’s family Ar#cle 337 para. 2, CC and Ar#cle 9, Law 3500/2006 • Sexual intercourse (below 18 if unable to resist) or below 15 • Sexual intercourse or other sexual acts with children younger than 12 years old are punished with at least ten years imprisonment, and with up to ten years imprisonment if the child/ vic8m is older than 12 but younger than 14 years old (felony, ex officio). The act is also punished with at least 2 years imprisonment, if the child/ vic8m is older than 14 but younger than 15 years old (misdemeanor, ex officio). Sexual acts between children are not punished unless one is at least three years older than the other. The act is not persecuted in case of marriage between the two persons, un8l the wedding is annulled. (Art. 339 CC) Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Acts rela8ng to children which are punished under Greek law • Trafficking of children -‐ Art. 351 para. 4 CC • Early marriage (below 18 years old)-‐ Art. 1350 Civil Code: According to Greek law, a marriage can only be contracted between persons of 18 years old or above. For compelling reasons, the Court may permit the marriage of underage persons, by taking into considera8on the best interest of the children, the opinion of the persons to be married and that of their parents/ guardians. • Child pros8tu8on -‐ Art. 349 para. 1 and 2 CC Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Key Considera8ons for at-‐risk groups
Key Considera8ons for at-‐risk groups
Working With Child Survivors – Guiding Principles • Promote the child’s best interest: Service provider must evaluate the posi8ve and nega8ve consequences of ac8ons with par8cipa8on from the child and his/her caregiver (as appropriate). The least harmful course of ac8on is always preferred. All ac8ons should ensure that children’s rights to safety and ongoing development are never compromised. • Ensure the safety of the child: Ensuring the physical and emo8onal safety of children is cri8cal during care and treatment. All case ac8ons taken on behalf of a child must safe guard a child’s physical and emo8onal wellbeing in the short and long terms. • Comfort the child: Service providers are trained in how to handle the disclosure of abuse appropriately. Service providers should believe children who disclose abuse and never blame them in any way for the abuse they have experienced. A fundamental responsibility of service providers is to make children feel safe and cared for as they receive services. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Working With Child Survivors – Guiding Principles • Ensure appropriate confidenMality: Ensure1) the confiden8al collec8on of informa8on during interviews; 2) that sharing informa8on happens in line with Greek laws and policies and on a need-‐to-‐know basis, and only aUer obtaining permission from the child and/or caregiver; 3) and that case informa8on is stored securely • Involve the child in decision-‐making: Children have the right to par8cipate in decisions that have implica8ons in their lives. The level of a child’s par8cipa8on in decision-‐making should be appropriate to the child’s level of maturity and age Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Working With Child Survivors – Guiding Principles • Treat every child fairly and equally (principle of non-‐discriminaMon and inclusiveness): All children should be offered the same high-‐quality care and treatment, regardless of their race, religion, gender, family situa8on or the status of their caregivers, cultural background, financial situa8on, or unique abili8es or disabili8es, thereby giving them opportuni8es to reach their maximum poten8al. No child should be treated unfairly for any reason. • Strengthen children’s resilience: Factors which promote children’s resilience should be iden8fied and built upon during service provision. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Understanding Resilience in Children • Resilience: The fact that a child is influenced by the quali8es and en vironmental factors that enable them to recover and develop posi8vely despite adversity and trauma8c experiences • Internal and External Support Factors: -‐ Good rela8onship with at least one care giver -‐ Posi8ve Paren8ng -‐ Educa8onal opportuni8es and social rela8onships -‐ Posi8ve interac8on with a case worker or other service provider
Communica8ng with child survivors • Be nurturing, comfor8ng and suppor8ve • Reassure the child • Do no harm: be careful not to trauma8ze the child further • Speak so children understand • Help children feel safe -‐ tell the child the truth -‐ even when it is emo8onally difficult Source: Caring for Child Survivors (CCS) of Sexual Abuse Guidelines – IRC/ UNICEF
Communica8ng with child survivors • Tell children why you are talking with them • Use appropriate people – ask the child if they prefer to speak to a female or male trained staff when possible • Pay ajen8on to non-‐verbal communica8on • Respect children’s opinions, beliefs and thoughts Source: Caring for Child Survivors (CCS) of Sexual Abuse Guidelines – IRC/ UNICEF
Communica8ng with child survivors: Crea8ng a safe and suppor8ve environment 1. Choose a safe loca8on: A child-‐friendly atmosphere can include child-‐ friendly toys and materials or a space to sit comfortably on the floor 2. Explain who you are 3. Obtain permission: talking with children about sexual abuse requires permission from them and their caregivers. However, permission can depend on the child’s age and circumstances. 4. Maintain equality Source: Caring for Child Survivors (CCS) of Sexual Abuse Guidelines – IRC/ UNICEF
Communica8ng with child survivors: Crea8ng a safe and suppor8ve environment 5. Explain what will happen: also explain what the child’s rights are during the session 6. Explain the process 7. Talk with the child with trusted adults 8. Do not make promises you cannot keep Source: Caring for Child Survivors (CCS) of Sexual Abuse Guidelines – IRC/ UNICEF
Special Procedures for Child Survivors • When a professional becomes aware of a suspected or actual serious incident of abuse or neglect of a child/children, his/ her responsibility is to inform the competent State authori8es: the Police (Department of Children’s Protec8on) or the Public Prosecutor. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Special Procedures for Child Survivors • Professionals should be cognizant of the fact that some perpetrators are family members. When there are suspicions about it, the child should therefore be interviewed when no other family member is present; however, the parents/guardians must be informed that an interview is going to be conducted. In cases where parents/care givers are not implicated in the suspected abuse or SGBV incident, it is good prac8ce to speak to the parent/s with the child together as well as speaking with the child on his/her own to elicit his/ her understanding of the situa8on and views about what they want to happen next. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Special Procedures for Child Survivors – Informed Consent • Consent of the parent or main caregiver should be sought to inves8gate cases of alleged abuse involving children in the first instance. If parents/ care givers consent, further inves8ga8on can be ini8ated. If parents or main caregivers do not consent to a further inves8ga8on, the Public P rosecutor should be informed according to the ‘Protocol on the Inves8ga8on, Diagnosis and Response to the Abuse and Neglect of Children’ by the Ins8tute of Child Health (pages 19-‐26) • Informed consent from the child (and/ or their parent/ caregiver) should be in wrijen form. Usually, 15-‐18 years olds are considered mature enough to give informed consent; ideally suppor8ve and non-‐offending parents/caregivers should also give consent Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Special Procedures for Child Survivors – Informed Consent • For younger children, decisions should be made on a case-‐by-‐case basis. When children are too young (usually under 15 years) to consent, their informed assent should be sought (i.e. willingness to par8cipate in services) while a parent or caregiver gives consent. Even with very young children (i.e. under 5 years old), efforts should be made to share and explain informa8on in an appropriate format. If there is no parent/ caregiver, or they are implicated in the abuse, a trusted adult (iden8fied by the child) who can be safely brought into care and treatment decisions should be approached to give consent, or, if there is no such person, the caseworker can give wrijen consent, no8ng the reason why on the form Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Special Procedures for Child Survivors – Informed Consent • If a child under 15 does not assent but caregivers do OR if both the child and caregiver do not consent OR the child above 15 does not consent, the caseworker in consulta8on with his or her supervisor, needs to decide on a case by case basis and based on the child’s age, level of maturity, cultural and tradi8onal factors, presence of caregivers (suppor8ve), and the urgency of care needs, whether it is appropriate to go against the wishes of the child and/or caregiver to proceed with case management and assist the child in his or her best interests. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Mandatory Repor8ng • Teachers/ Professionals in the field of educa8on have an obligaMon to report any case of student (child) who has been subjected to domesMc violence. It should be noted that these professionals are not supposed to inves8gate/ confirm these allega8ons and conclude whether the child has been subjected to violence/ abuse or not, before repor8ng it. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Mandatory Repor8ng • ArMcle 23 para. 1 of Law 3500/2006 provides that professionals in the field of educa8on have an obliga8on to inform the director of the school unit, whenever they are informed or they iden8fy that a student has been subjected to domes8c violence. The Director of the School Unit is obliged to inform immediately the Public Prosecutor (ac cording to Ar8cle 37 of CCP) or report it to the nearest police sta8on. The same obliga8on applies for the professionals in the field of educa8on and directors in private schools, as well as all competent staff in nursery/ pre-‐school units. When teachers (professionals in the field of educa8on) do not report to the Director of the School or the lajer does not report to the Public Prosecutor, they commit a disciplinary offence and they can be subjected to disciplinary sanc8ons (Ar#cle 107 para.1, 109 and 110 of Law 4057/2012). Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Mandatory Repor8ng • Greece ra8fied the Conven8on of the Council of Europe for the protec8on of children from sexual exploita8on and abuse (Lanzarote) with the Law 3727/2008, which permits to professionals having a duty of confidenMality to report to the competent authoriMes, whenever there is a reasonable ground to believe that a child has been vicMm of sexual exploitaMon or abuse. Law 3727/2008, Chapter A, Ar8cle 2 para. 3 provides that: “It is permiVed to those who have an obliga,on for confiden,ality and are in contact with chil-‐ dren in the framework of their work, to report to the competent authority, regardless of the above obliga,on (of professional confiden,ality), any situa,on for which there are reasonable grounds to believe that a child is a vic,m of sexual exploita,on or abuse”. Source: GBV Standard opera,ng Procedures, Greece – SGBV working group Greece
Addi8onal Resources Protocol on the Inves8ga8on, Diagnosis and Response to the Abuse and Neglect of Children (available in Greek) hnp://www.0-‐18.gr/downloads/protokollo-‐eyreMrio-‐ kakopoiisis/Protocol_ICH_06.2015.pdf
Referral:
How To’s
Roles and Responsibili8es of General Service Providers • All Actors coming into contact with GBV survivors are responsible for knowing the referral pathways and the forms of assistance available for the survivors • Non – Specialised actors should not interview survivors or respond directly • The wishes of the survivor must always be respected as to where or with whom to seek help. S/he should not be urged into a par8cular course of ac8on;
Roles and Responsibili8es of General Service Providers • Non – Specialized actors should ask the survivor’s consent to contact focal point on the GBV referral pathway to facilitate the contact between service provider and survivor • All informa8on should be kept confiden8al, even if family or community members request feedback on support given.
How to conduct GBV Referral
How to Conduct a GBV Referral
How to Conduct a GBV Referral
How to Conduct a GBV Referral Understand What Happened STEP 4
• Nature of the GBV incident (ie. what happened?) -‐ Do not need to ask many details about the violence -‐ Crucial to find out if physical force was used and whether there was vaginal/anal penetra8on -‐ Immediate medical care and treatment is highly indicated in these circumstances
How to Conduct a GBV Referral Understand What Happened STEP 4
• Date(s) of the last incident. -‐ Essen8al to analyzing the urgency of a medical referral and for accuracy informing survivor regarding medical op8ons -‐ Different medical treatments are available depending on the date of the last incident
How to Conduct a GBV Referral
How to Conduct a GBV Referral
How to Conduct a GBV Referral STEP 6 Safety risks for children may be hidden. The caseworker should evaluate the safety of the client’s child with the goal of answering these ques8ons: • Is there evidence that the caregivers cannot or will not protect the child? • Is the child safe at his/her place of residence? • Can the abuser easily access the child where he/she lives? • Is the child fearful of family members or does he/she indicate that he/she does not want to return home? • Have any other safety risks become apparent during the assessment interview?
How to Conduct a GBV Referral Refer to External Safety and Support Stractures STEP 7
• Informa8on submijed by referring organiza8ons will only be submijed in the agreed-‐upon format and will not contain any iden8fying informa8on of survivors or agencies. • All survivor-‐specific informa8on that can lead to iden8fica8on of the survivor will not be shared, e.g., name, ini8als, sub-‐county, date of birth, etc.
How to Conduct a GBV Referral Refer to External Safety and Support Stractures STEP 7
• The standard form should be used aUer the survivor has agreed to access services and has signed the consent form • The form is password protected and sent to the service provider by email. • Form is used by organiza8ons part of an agreed informa8on sharing protocol.
Refer to External Safety and Support Stractures STEP 7
BEST PRACTICE “OrganizaMons will ensure that all data is safe and secure and will implement appro-‐ priate procedures to maintain confiden8ality of the data. Organiza8ons will submit a Word document in ‘read only’ form and will employ pass-‐ word protec8on. The password for these submijed files has been agreed among all agencies. Any informa8on protected in the computer will be saved in a computer with ac8ve an-‐ 8viruses and have passwords. Access to these data will only be allowed for case man-‐ ager and service provider.” Excerpt, Inter Agency Standing Opera,ng Procedures for Preven,on of and Response to GBV and Child Protec,on in Jordan. 2013, pp.131
CONSENT • Crucial for referrals. • Special ajen8on to be paid to how the informa8on is provided to and by the survivor (power and control) • Wrijen consent agreement must include ALL of the following: α) The reason for the interview / subject majer; β) The personal, possible upseKng nature of the ques8ons that may be asked;
CONSENT c) Poten8al risks/benefits of the par8cipa8on; d) Precau8ons being taken to protect the confiden8ality; e) Whether informa8on will be shared/how and with whom/ survivor’s right to put restric8ons on how the in forma8on (s)he provides will be used; f) Right to refuse to take part in interview or to refuse to answer some ques8ons.
CONSENT • Read the consent agreement out loud in the survivor’s language and make sure that survivor understands the content of agreement; • Correct miss-‐understandings; • Do not make any promises unless you are certain that they will be honoured!
Some of the Disclosure Scenarios
? Family members disclose an incident to you without the knowledge of the adult survivor
? An adult survivor declines medical referral even though she was within the 8meframe to receive PEP/EC.
? An adult survivor comes to you, but tells you she fears telling you about what has happened to her because she doesn’t want her rela8ves to find out.
? A adult survivor tells you that she will refuse to talk to anyone but you about her situa8on.
? An adult survivor hears his story from someone else in the community.
? You learn that the child perpetrator lives with the survivor
Thank you for your par8cipa8on
Communica8on with Survivors Tips, dos and don’ts
Disclosure and Approaches • Direct disclosure: survivor directly shares informa8on about the abuse with a service provider (or parent shares with the service provider because the child has told them) • Indirect disclosure: a witness to sexual abuse shares informa8on with a third party • Voluntary: survivor readily shares the informa8on with another person • Involuntary: the informa8on about incident is shared against the will of the survivor • Disclosure is a process. (Especially child) survivors may not share all informa8on at firs; rather their stories merge over 8me.
Essen8al 8ps: • Be ready/prepared – be aware that GBV is happening everywhere and all the 8me; acknowledge GBV and your capaci8es • Ensure (emo8onal and physical) Safety of a survivor: • Explain who you are • Same sex interviewer • Room arrangement is important in suppor8ng the comfort level. Eg. Talking with a person from behind a desk implies a posi8on of authority which may impede trust. • Ensure eye contact while talking to a survivor; • Privacy: where the survivor can talk freely without fear of being overheard. Choose a safe loca8on! • Body language and posturing
Essen8al 8ps: • Ac8vely listen: words, tone of voice and expressions used for what is not said. • DO NO HARM! If a child is a survivor, make sure to not to trauma8ze child further. Miriam had three sons, a fact that should have ensured her a high status in her family. However, her unemployed husband constantly beat her. “I have tried every which way to please him, but nothing works,” she said. The beat-‐ ing was so severe once that she almost died. Since then, he abused her but he did not beat her. The day aUer the team’s interview, he beat her up se-‐ verely again, aUer a gap of three years, for speaking to the team. The team was, of course, never to see her again.
Safe environment is crucial! Safety is also established with your approach and aqtudes: Keep calm once person approaches you with the disclosure; do not panic! Do not seek help while the survivor is talking to you; Take what they say seriously, even if it involves someone you feel sure would not ‘’harm a fly’’
Safe environment is crucial! • Safety is also set with your approach and aKtudes: -‐ Look at the survivor directly – even with interpreter -‐ Do not appear chocked -‐ Let them know that you will need to tell someone else -‐ Assure them they will not be blamed for abuse
Safe environment is crucial! • Safety is also set with your approach and aKtudes: -‐ Never ask leading ques8ons (example: ‘’Isn’t it right that Mr. Smith was always ‘aUer’ you? vs. ‘’Tell me about your rela8onship with Mr. Smith’’); never push for an informa8on! -‐ Try not to repeat the same ques8on (especially when working with children);
Safe environment is crucial! • Safety is also set with your approach and aKtudes: -‐ Do not fill in words, finish their sentences or make assump8ons; -‐ Make sure to dis8nguish what the survivor said from the conclusions you may have made – accuracy is paramount at this stage; -‐ Let the survivor know what you are going to do next (also if you are talking to a minor!)
DO USE THESE WORDS OF SUPPORT: IF POSSIBLE 1. Repeat the last few words in a ques8oning manner 2. I believe you 3. I am going to try to help you 4. I will help you 5. I am glad that you told me 6. You are not to blame 7. You did the right thing by telling me 8. I will keep this a secret and tell only to those who must know in order to help you 9. Bring the survivor to get external medical and legal help immediately
Case Study JAMILA’S STORY Group 1:Interview (and understand the story) Group 2:Interven8ons/Referrals Group 3:What affect does Jamila’s experience have on her and her family?
DO NOT: 1. You should have told someone before 2. I cannot believe, I am shocked! 3. Oh, that explains a lot 4. I will not tell anyone else 5. Why? How? When? Who? 6. Make promises that you cannot keep 7. Confront the offender 8. Wash or fix the survivor if they had been abused
The Na8onal Response System The Protocol of Coopera8on
What was already in place – The na8onal response system for SGBV • 25 Municipal Counseling Centers for Women* • 15 Counseling Centers of the General Secretariat for Gender Equality* • 19 Municipal Shelters for SGBV survivors and single parent families* • 2 Shelters for SGBV survivors and single parent families operated by the Na8onal Centre for Social Solidarity (E.K.K.A.) * *All counseling centers and the 19 Municipal Shelters are under the scien,fic supervision of the Re-‐ search Center for Gender Equality (KETHI)
What is the Protocol of Coopera8on • The Protocol was presented in April 2017 and sum -‐ marizes the adop8on of a common framework of -‐ procedures for the -‐ iden8fica8on, -‐ referral, -‐ accommoda8on and -‐ provision of counseling services and ac8vi8es to refugee women, survivors or persons in risk of violence and their children, as well as to refugee women who are single mothers heads of households • The Protocol also outlines the communica8on and responsibility lines between all actors that might be come involved in an SGBV case
Actors that signed the Protocol • the General Secretariat for Gender Equality, Ministry of Interior • the General Secretariat of Recep8on, Ministry of Migra8on Policy • the General Secretariat of Public Health, Ministry of Health • the Ministry of Na8onal Defense • the Research Centre for Gender Equality • the Associa8on of Greek Regions • the Central Union of Greek Municipali8es • the Na8onal Centre for Social Solidarity (E.K.K.A.) • the Hellenic Agency for Local Development and Local Government
The Protocol’s objec8ves 1. Providing accommoda8on in 21 Shelters, in the context of the tasks of the General Secretariat for Gender Equality and the Research Centre for Gender Equality, the Na8onal Centre for Social Solidarity and the local government, for refugee women vic8ms or poten8al vic8ms of violence or single mothers heads of h ouseholds and their children (up to the age of 18 years old for girls and up to 12 years old for boys) in order to ensure for them a safe accommoda8on and meet their nutri8onal needs; 2. Providing counseling services (social and psychological support and/ or job counseling), in case interpreta8on or intercultural media8on is available.
The Protocol’s provisions The signing en88es undertake the responsibility to: • Disseminate the informa8on of the offered services to other actors and directly to the refugee populaMon of concern, to whom they will also present the terms of use. • Inform and provide guidance and training to the staff of the structures (Counseling Centres, Shelters and the SOS Helpline 15900) about the iden8fica8on, the referral procedures, the accommoda8on, protec8on and support of beneficiaries refugee women and their children, as well as the legal framework regarding asylum seekers and refugees
The Protocol’s provisions The signing en88es undertake the responsibility to: • Inform and provide guidelines about the iden8fica8on, the referral, procedures, the accommoda8on and support of beneficiaries refugee women and their children to the staff of the Recep8on and Iden8fica8on Service (RIS) and of the Open Temporary Recep8on Structures and the Open Temporary Accommoda8on Structures as well as planning trainings on preven8ng and addressing gender-‐based violence incidents against female refugee popula8on.
The Protocol Step-‐By-‐Step 1. IdenMficaMon: • Where: Takes place at the RIC, in the Open Temporary Recep8on Structures and the Open Temporary Accommoda8on Structures • Who can do it: Competent state authori8es’ officials and /or cer8fied NGOs ac8ve within these structures, who recommend the referral. NOTE: When a survivor is iden8fied outside the above men8oned structures , the state authority officials or cer8fied NGOs, which are in coopera8on with the General Secretariat for Gender Equality, may refer the incident to the local Counseling Centres or the Municipality’s Social Services.
The Protocol Step-‐By-‐Step 2. Referral to the Counseling Centers of the Network of structures under the General Secretariat for Gender Equality or to the Municipality’s Social Services or to the Na8onal Centre for Social Solidarity (E.K.K.A.) • Who can do it: a) the Head of the Recep8on and Iden8fica8on Centre b) the Head of the Open Temporary Recep8on Structures and the Open Temporary Accommoda8on Structures, through a referral note.
The Protocol Step-‐By-‐Step • Escor8ng is the responsibility of the referring actor and when not possible, the escort of women beneficiaries is ensured by the officials of the Counseling Centres/ intercultural mediators or Municipality’s Social Services or the Na8onal Centre for Social Solidarity, in coopera8on with the recep8on structures or en88es.
The Protocol Step-‐By-‐Step • If an NGO is involved, the NGO staff: a) informs the competent state authority, b) gets in contact with the staff of the competent Counseling Centre within the bounds of the par8cular geographic territory or the local Municipality Social Service or the Na8onal Centre for Social Solidarity, in order to check the Shelter accommoda8on availability,
The Protocol Step-‐By-‐Step • If an NGO is involved, the NGO staff: c) facilitates the obligatory medical assessment, in coopera8on with the competent state health care authori8es (municipal or public units, aUer an available place in accommoda8on has been secured d) undertakes the transporta8on of the woman and her children, in the presence of an interpreter/cultural mediator, for the arranged appointment with the Counseling Centre or the local Municipality Social Service or the Na8onal Centre for Social Solidarity. In case the NGO may not assist in the transporta8on of the woman and her children, the transporta8on is made by the Municipality or the Region or with the assistance of ΚΕPΟΜ.
The Protocol Step-‐By-‐Step • When a survivor and her children referred to a shelter by a Counseling Center or by the Municipality Social Service or E.K.K.A, the referring staff have the responsibility to: a) provide the refugee woman who is to be hosted in the shelter with counseling services, in accordance with the applicable scien8fic standards, with the assistance of an interpreter b) check availability in the shelter, before the referral of the woman who is to be hosted, inform about the accommoda8on request and no8fy the iden8fica8on en8ty c) inform the Municipality Social Service about the imminent accommoda8on in the shelter, so that the social service may arrange the transporta8on of the woman to the shelter, d) inform ΚΕPΟΜ in case refugee women or their children leave the Shelter. * NOTE: When a survivor is referred to one of the E.K.K.A. Shelters, the procedure fol-‐ lowed is that described at their internal regula8on
Services offered at the Shelters a) informa8on on the hos8ng condi8ons based on the Rules of Procedure, b) food c) safe accommoda8on for women and their children, and d) counseling services, in case interpreta8on or intercultural media8on is ensured. NOTE: The accommoda8on of women of the target group is
temporary (up to three months, with the possibility to be ex-‐ tended under certain condi8ons)
Thank You! Ques8ons?