IMPACT OF VIOLENCE
ON WOMEN AND CHILDREN AND THEIR SOLUTIONS *)
By: John Dirk Pasalbessy**)
True joy for humans is
behave in a friendly manner towards each other,
so that each one gets mercy
(Marcus Aurelius)
Introduction
The above message is interesting to refer to in discussions about violence against women and children. It's understandable, given that violence is now a manifestation of human emotional behavior, rather than rational behavior. This is justified, given the widespread prevalence of violence involving women and children. The question is to what extent we all share a sense of responsibility in finding solutions to this problem.
From the topic above, there are several things that can be discussed, namely (a) what is violence; (b) why victims of violence tend to be vulnerable groups, such as women and children; and (c) how to solve it. These three things deserve attention, because so far, seen from an ethical, moral and legal perspective, everyone must know that violence is an inappropriate human behavior. Interestingly, among those who know about violence, there are those who are intentional and have done it, even the victims who arise seem to be ignored, whether it is intentional or is indeed a humanitarian phenomenon in this century.
What's interesting about the topic above is that violence is not just an individual or national issue, but a global, even transnational, problem. Therefore, various terms are known in society, such as “violence against women, “gender based violence”, “gender violence”, “domestic violence” whose victims are women, while for children the term is also known, “working children”, “street children”, “children in armed conflict”, “urban war zones”, etc.
In the context of human rights protection, as human beings, women and children also have the same rights as other humans on this earth, namely rights that are understood as inherent rights. (inherent) naturally since birth, and without it humans (women and children) cannot live as humans normally.
Based on this recognition, various statements appear to indicate that violence against women and children is an obstacle to successful development. However, acts of violence can lead to a lack of self-confidence, hinder women's ability to participate in social activities, harm their health, and reduce their autonomy, both in the economic, political, socio-cultural, and physical spheres. Likewise, for children, their self-confidence and spiritual growth will be disrupted, which can hinder their spiritual development and future. This is despite Law No. 23 of 2002 concerning Child Protection obligating all parties, including the state, to protect them.
What is violence?
Violence is a terminology that is full of the meaning and significance of "suffering", whether studied from a psychological or legal perspective, that it contains human behavior (a person/group of people) that can cause suffering to other people (individuals/groups).
Acts of violence or "violence" by Jerome Skolncik defined as “…an ambiguous term whose meaning is established through political process”. In terms of behavior, Michael Levi then mentions violence as “…its content and cause are socially constructed”.
From this perspective, it seems that the formulation of acts of violence is closely related to human behavior that is cruel and inhumane, but it is not clear whether this formulation also accommodates the aspirations of minorities (women and children) who have always been vulnerable to violence.
In 1993 the UN General Assembly adopted the declaration against violence against women which had been formulated in 1992 by United Nations Commission on the Status of Women, where in article 1 it is stated that, "violence against women includes any act of violence based on gender, which results in or may result in harm or suffering to women, whether physical, sexual or psychological, including threats of such acts, coercion and arbitrary deprivation of liberty, whether occurring in public or private life.".
In fact, the clear definition of this violence can be seen in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Treatment, which was ratified in November 1998, which states that, “… Torture … means any act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person …”. Likewise in the report World Conference (1995) in Beijing, in point 113 it is formulated that violence against women is “any gender-based act that causes or may cause physical, sexual or psychological harm or suffering to women, including threats to commit such acts, coercion or deprivation of liberty, whether occurring in public or private life.”
In relation to the application of (criminal) law, when violence against women and children occurs, the terminology must be clear. This is to avoid "multiple interpretations," which could, in turn, create difficulties for both the public and law enforcement.
The Indonesian Criminal Code, for example, only defines violence as an act of making someone unconscious or helpless (Article 89). It is clear that this formulation limits violent behavior to physical behavior alone, whereas if we look at the reality in society, violent acts can also include: (a) physical; (b) sexual; (c) psychological; (d) political; and (e) economic. Furthermore, the Criminal Code defines several violent behaviors whose victims are women and children, such as: (a) pornography (Article 282 etc.); (b) rape (Article 285 etc.); (c) indecent acts (Article 290 etc.); (d) trafficking of women (Article 297); (e) kidnapping (Article 328); (f) assault (Article 351 etc.); (g) murder (Article 338) and; (h) robbery (Article 363).
The violent behavior mentioned above is largely physical violence, with the exception of pornography, where the penalty ranges from one year in prison to the death penalty. Of the many provisions on violence, only a few specify the gender of female victims. The only articles that explicitly mention it include Article 285 of the Criminal Code on rape and Article 297 of the Criminal Code on trafficking in women.
Similar to violence against women, the violent behavior described above also has the same meaning as that of children, as it is multidimensional, ranging from structural and systematic violence to violence caused by war, communal strife, family breakdown, and interpersonal violence. These acts of violence are essentially rooted in what is known as child abuse, neglect, and exploitation, with perpetrators including the state, the private sector, law enforcement personnel, families, or individuals.
Women and Children as Victims of Violence
The violence that has been, and may even continue to be, experienced by the Indonesian people is a social and humanitarian issue that requires attention. Victims of violence are everywhere, primarily women and children.
This phenomenon reminds us of the era of ignorance which was based on the law of the jungle or the era of Herod who justified the laws of the ruler, as well as other eras known as the dark ages. The question is whether there has been a decline in morals and values in our society which is said to like harmony and hate conflict, let alone violence. Women and children as victims of violence is not a new phenomenon, historical books reveal past practices that victimized women, both adults (sacrifices in front of the altar) and child victims (female infanticide).
Stories about victims of violence among women and children are rarely found in the existing literature. Therefore, it is rare for women's victimization through violence to be brought to the criminal justice system. The problem may lie in the perception of society, both as a whole and among women themselves, that the violence they experience is better kept hidden. This is certainly related to the values that have developed in society regarding women's status in society. Women sometimes conceal their victimization for various reasons, but the main one is because they don't want others to know or perhaps it would tarnish their own self-esteem, regardless of whether or not women contributed to the violence they experienced.
As a result of this kind of perception (perhaps also misperception), the mass media also sometimes does the same thing, so that what is called “selective inattention”, namely selecting certain news items to be used as information for public consumption. This kind of exposure at least gives rise to a process of victimization of women and children, which generally focuses on: (a) acts of sexual violence; (b) acts of violence that cause serious injury; and (c) acts of violence that result in death.
It's also common to perceive a female victim as having contributed to a crime, even when this isn't the case. For example, in the case of rape, a female victim of rape tends to keep her grief (both psychological and physical) to herself, perhaps believing that going to law enforcement will only lead to double victimization.
Various acts of violence that frequently occur and result in victims among women, such as: (a) sexual assault; (b) cases of murder of mothers or grandmothers, whether due to economic motives or uncontrolled anger; (c) pornography; (d) acts of violence by employers against domestic helpers, which frequently occur and are generally based on feelings of annoyance or even hatred, as well as several other acts of violence.
Likewise, victims of violence against children in sexual cases, where the position of the child is often considered as derivatives from parents who often make them helpless. For example, behavior “incest” This results in the child being forced to give birth to a child born of an incestuous relationship with her own biological father. Furthermore, several cases have been reported involving the exploitation, abuse, and murder of children by their parents.
In general, children who experience violence can occur because: (a) Working Children, where many children are full-time workers, (full-time child labor) child trafficking (sale for children), child prostitution (child prostitution), child slavery (child bondage), child pornography (child pornography) due to increasing "sex tourism"'; (b) Street Children, where it is estimated that there are approximately 100 to 150 million street children worldwide today. What is concerning is that, in addition to struggling to survive materially, they are also targets of abuse and exploitation, such as street thieves, street prostitution, drug trade, and other organized crime activities; (c) Cchildren in armed conflict, In conflict situations, many children become victims, including those killed, maimed, displaced, and even missing. This is not to mention those who become victims of rape and suffer from mental stress. (stress and trauma).
The difficult problem to face is how to guide and reorient them from a conflict situation/culture to a peaceful culture. (culture of peace); (d)Urban war zones, where there is an atmosphere of violence and instability in everyday life both in cities and in rural areas “war zone” which puts children at serious risk (grave risk), especially if poverty, drug and weapon use and crime are everyday realities of life.
What is interesting to discuss next is whether this violence against women and children is the result of the chaos of norms. (anomie) This is a problem currently being experienced by various communities in Indonesia. This requires accurate research to answer academically.
The Solution
Violence against women and children appears to be an interdisciplinary issue, encompassing political, social, cultural, economic, and other aspects. It is recognized that violence will occur more frequently where there is economic inequality between men and women, where conflict is resolved through violence, where male dominance in the family economy and where male-based decision-making prevail. Conversely, where women have power outside the home, active community intervention, along with strong social protection and control, reduces the likelihood of women and children becoming victims of violence.
From various experiences so far, the solution to overcoming violence against women must include the following:
1. Increasing women's awareness of their rights and obligations under the law through training and counseling (legal training).
2. Increasing public awareness of the importance of efforts to address violence against women and children, both in individual, social and institutional contexts;
3. Increasing awareness of law enforcement to act quickly in addressing violence against women and children;
4. Assistance and counseling for victims of violence against women and children;
5. Conducting a systematic anti-violence campaign against women and children and supported by a strong network.
6. Legal reforms specifically protect victims of violence experienced by women and children and groups vulnerable to human rights violations.
7. Renewal of a conducive health service system to address violence against women and children;
8. Children need social, economic and legal protection, not only from their parents, but from all parties, including society and the state.
9. Establish an institution that supports victims of violence, specifically targeting women and children, to provide free consultation, medical and psychological care.
10. Requesting the mass media (print and electronic) to pay more attention to the issue of violence against women and children in their reporting, including providing education to the public about the human rights of women and children.
Closing Event
Efforts to prevent and/or address various forms of violence experienced by women and children require serious attention and treatment. Therefore, an integrated approach to addressing this issue is essential. (integrated), where apart from the legal approach, we must also consider non-legal approaches which are actually the cause of violence.
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