Domestic Violence against Women in Qatar

Domestic Violence against Women in Qatar

Introduction

According to the United Nations, violence against women relates to “any act of gender-based violence resulting in or is likely to result in, physical, sexual, or mental harm or suffering to women”. From this definition, World Health Organization (WHO) notes that violence against women results in major public health issues or problems as well as violation of women’s human rights. Researching the US law on Women Rights and Protection against domestic violence is necessary in this case. It provides an insight and a case study on the nature of domestic violence acts. The US law on women rights and protection against domestic violence is one of the most comprehensive, detailed and explicit in understanding what pertains to protection of women against violence. The law provides a wide range of definition of terms, situations and aspects related to the types and extent of domestic violence, the magnitude of the offense, and the applicable penalties. Such legislations should be either by the United Nations or by major powers that value the protection of domestic rights of women. Women in Qatar deserve to enjoy the same rights, gender equality, and protection against discrimination, and violence.

The general objective of this research is to establish the flaws within the Qatar’s Justice System with respect to equal treatment of women. The paper also assesses the criminal justice system concerning response against domestic violence against women in the United States constitution. This research is informed by incidents currently prevalent in Qatar, where both women’s rights and general human rights are not properly given due and considerable attention (Kassem et al., 115). Women are battered, mistreated, and assaulted in different ways. The most critical part of this situation is that the few legal provisions or laws are available to protect women from the dehumanizing incidents of domestic violence in Qatar.

Nearly half of women in Qatar succumb to serious incidents of violence most especially within the family. The lack of laws to prosecute men who assault women has consistently led to growth of this vice. Women suffer in silence due to a lack of provision in the constitution. It is imperative to critically examine this situation, and borrow significant measures from the Domestic Violence against Women with regard to its strong frameworks for the protection of Women against domestic violence. Drafting and implementing laws for the protection of women against domestic violence would be a remarkable achievement for the country that does not protect rights of women. It will help cushion women from temperamental, discriminatory, and exploitative treatments exhibited men. Laws to protect women against domestic violence are massively necessary in Qatar. In order to implement these new laws, public education is imperative. People need to understand that there is no value in oppressing women and that it contravenes universal principles on the protection of human rights.

Domestic Violence against Women (DVAW)

According to the United Nations, violence against women relates to “any act of gender-based violence resulting in or is likely to result in, physical, sexual, or mental harm or suffering to women”. Domestic violence does not only refer to mistreatments against women, but also children. Domestic violence against women, principally examines acts of physical abuse, torture, rape or any acts that have psychological or mental repercussions for the women. It is one of the most common violence against women within the family. In fact, many cases go unnoticed as they happen within the confines of the family. Some women in male dominated regions choose to remain silent despite the degree of violence against them because of lack of effective legislatives in regions or nations such as Qatar.

One of the major abettors of domestic violence is the belief that it is a social phenomenon prevalent in all communities. While its existence in many communities is indisputable, accepting it as one of the social aspects is a transgression of the universal acknowledgement of individual liberty and human rights. Partners in a relationship have avenues to solve their problems such as social institutions of mediation. These institutions are accredited for enabling partners strike amicable solutions to their family problems without resorting to violent acts. Secondly, there are tribunals and civil courts responsible for hearing of issues and emanating from the family as presented by the family members.

The rate of domestic violence in Qatar and many other countries that are male dominated is high. Women are even sprayed with chemicals, which qualifies as one of the gravest violation of human rights with regard to international conventions on the protection of human rights. International figures posit that in every three women one is a victim of domestic violence (Al Ghanem, 2007). The capacities to prosecute such cases appear inefficient. Other relevant social frameworks or institutions in Qatar also not adequately support them. In the twenty first century, cases of divorces and family disintegrations are rampant. Members of the family fail to find the appropriate solution to their problems and adopt violence in the belief that it can tame and yield positive results. The result is the destruction of the family, violation of the victim’s right for safety and health. The case in Qatar requires an absolute response. Its exploitation and violation of respect to human rights seem to have conformed well to the rate at which women suffer from domestic abuse. Whereas cases of men being abused by their wives have surfaced in many occasions, several official research studies have identified women as the major victims of domestic violence. In Qatari case, several women have passed on due to the harm caused by domestic violence.

Literature Review

Various research articles are in place illustrating the influence and components of the domestic violence against women legislations in the context of the United States. These important articles are essential in understanding how the draft would operate in Qatar towards curbing massive domestic violence against women in the nation. One of the critical articles illustrating crucial components of the legislation is the Violence against Women Act overview. From this article, it is essential to note the influence of Joe Biden in the provision of his leadership techniques and expertise towards minimizing violence against women in the society. The article focuses on demonstration of the major provisions of the legislation as well as implications towards addressing the growing domestic violence against women in the United States. One of the implications of the legislation in the modern United States is the massive improvement in the criminal justice response to violence against women.

This is through holding rapists accountable for their relevant crime by strengthening the penalties for the sex offenders as well as creation of the Federal ‘rape shield law’. In addition, the law mandates that victims, in spite of their income levels, be not forced to bear the expense of their own rape exams as well as service of a protection order. Moreover, the legislation has been essential in ensuring that victims as well as their families obtain access to the services they need with the aim of achieving safety and reconstruction of their lives. Another major implication of the legislation with reference to the article is the massive reduction in the essence of domestic violence against women in the United States. The states have also been essential against the increase in the domestic violence against women. This is through reforming their laws to take violence against women as one of the serious offences with reference to human rights.

Another vital article is in the spotlight by Dorraine Larison. In the article titled do not let response to domestic violence and sexual assault land you in court, the focus in on the need to promote or enhance awareness of the society members on the elements and other aspect of domestic violence against women. The article notes that employers have the firsthand opportunity to observe the implications of domestic violence, stalking, and sexual assault on the employees. In most cases, employers offer their support to certain employees suffering from the influence of domestic violence. On the other hand, some employers choose to ignore the issues thus leading to massive increase in the level of implications of the domestic violence, stalking, and sexual assault on the performance of the employees towards the achievement competitive advantage in the market.

The article focuses on the influence of the EEOC towards handling missteps by employers in the situations culminating to the violation of the rights against individuals especially women in the workplaces. According to the EEOC, these missteps are forms of discrimination in accordance with the federal law. In addition, the article notes the influence of the ADA in prohibiting diverse or different treatment or harassment at workplaces on the actual as well as perceived impairment. It is also an essential element to note that EEOC contends ADA implications might include impairments emanating from domestic or dating violence, stalking, and sexual assault. Moreover, United States has essential rules, which determines how employers should respond to the sexual assault, stalking, and domestic violence issues in the modern society. Inability of the employers to handle such issues might contribute to serious lawsuits in relevant justice and legal systems.

Ortiz-Barreda & Vives-Cases (2013) also focus on the development of an important article aiming to identify and illustrate key components of legislation on violence against women in the United States. The main aim of the article is to evaluate or determine the comprehensive of the legislation in relation to incorporation of the key components under the influence of the Pan American Health Organization as well as the United Nations. In addition, the article focuses on examination of the influence of these key components in the prevention of violence against women and better-integrated victim protection, care, and support. According to the findings of this study, most of the violence against women laws or legislations lacks the ability and tendency of incorporating key recommended components. This occurs in spite of the considerable efforts worldwide aiming to strengthen violence against women violence.

The article notes the existence of significant limitations in the legislative content as well as application in handling the key issues in relation to violence against women. In addition, there are also limitations in the extent to which the laws are applicable in providing quality-integrated protection, care, and support to women within the society. In the development of new violent legislation, policymakers have to consider the vital role of the health services. This should be one of the obligations for the development of accurate and appropriate laws in protecting women against violence. The approach will enhance the ability of the new laws against violence of women to incorporate key components in accordance with the demands of the United Nations and the Pan American Health Organization.

Larkin & Luppino-Esposito also focused on the examination of Violence against Women Act, Federal Criminal Jurisdiction, and Indian Tribal Courts. Domestic violence proves to be an unfortunate and unpleasant fact for many women in the United States. The congress played a critical role in elimination of the domestic violence against women in the United States. This is through the passage of the violence against women act with the aim of handling the long-standing problems affecting or violating the rights of the women in the modern society. The main objective of this article is to examine the influence of the violence against women act in reducing violation of the women’s rights through violence, sexual assault, and stalking or deadly dating practices.

The article is also an essential step towards understanding the components of the act as well as its implementation towards handling or minimizing vital issues in Qatar. The draft law focuses on integration of the key components of the law in curbing increasing rate of domestic violence against women in Qatar. This is because of the lack of substantive acts in Qatar towards minimizing the violence against women. The article would also provide substantive information and knowledge about the influence of such acts in curbing the unfortunate essence of violence against women in the society. This paper utilizes the article in the development of key components of the act limiting the violence against women.

Shazia Qureshi (2013) focuses on the evaluation or examination of the violence against women as an illustration of a violation of human rights in the United Nations system. The main objective of the article is to capture the gradual process of acceptance as well as recognition of violence against women as a human right violence. This is through integration of the international human rights discourses as well as to understand the role of the four world conferences on women and the convention of elimination of all forms of discrimination against women across the globe. In addition, the article focuses on illuminating some of the landmark developments in the United Nations human right systems with an objective of curbing or combating violence against women across the world.

Shazia Qureshi (2013) also focuses on examination of another scope relating to the emergence or extension of due diligence standard to assess the state response toward violence against women as well as essence of domestic violence. This is through provision of a brief summary in relation to the emergence of the due diligence principle in the context of the International human rights law. It is vital to note that the article explores and evaluates the role and influence of the international as well as regional human rights mechanisms and instruments in clarifying and specifying the content of the due diligence obligations as well as applications with reference to violence against women. From this review, it is ideal to note the existence of substantive articles on the domestic violence legislations in the United States and other locations across the worlds. These articles are crucial in the development of the components of the draft law for the domestic violence in the case of Qatar.

Domestic Violence against Women in the United States

In 1994, Senator Joe Biden led the United States to the enactment of Violence against Women Act (VAWA) (Roe, 2004). This was after numerous reports pointed to the high number of domestic violence within many American families. Consequently, criminal justice response to domestic violence improved significantly. The act strengthened federal punishments for repeat sex offenders, which increased the accountability of rapists as having committed criminal offense. It also created ‘The Rape Shield’ law, which protected victims from rapists who took advantage of their past sexual conduct.

The act provided that victims of rape or any form of sexual violence were entitled to unconditional financial assistances mostly in the payment of service of a protection order or health examination services. It also extended that victims of domestic violence should be kept safe through recognition and reinforcement of victim’s protection order in all tribal, state, and territory jurisdictions. It empowered communities to develop domestic violence dockets, prosecution and dedicated law enforcement units. The act underscored the need for immediate response to cases of domestic violence by the police and urged judges to expand the scope of understanding sexual and domestic violence through training of prosecutors, law enforcement agencies and officers, judges as well as victims’ advocates.

Violence against Women Act (VAWA) has also been instrumental in providing safety access to both the victims and their families. According to the statistics obtained from the hotline callers, more than 22 000 calls are received monthly, while more than 3 million calls have been answered since its establishment. Approximately 92 percent of the callers are first-time callers who are either victims or responding to an offense case (Al Ghanem, 2007). It also the development of coordinated community responses, which enables different stakeholders to cooperate together with the main problem while enhancing community safety in terms of controlling domestic violence.

Many states have undertaken comprehensive reviews of their laws relating to domestic violence against women in order to tighten the prosecution, conviction and sentencing of offenders. All states in the in America have criminalized the act of stalking, provided criminal sanctions in the case of civil protection order violation and have authorized law enforcement officers to undertake arrests without warrants in the event of domestic violence. In this case, the responding officer has the obligation to establish the existence of the probable cause upon which arrests are made, warranted or not. States have also enacted laws that address sexual and domestic violence at the workplace, and stalking. They have further prohibited polygraphing of victims of rape cases (Hajj-Yahia, 2000).

The United States law on domestic violence is comprehensive. It responds to both domestic violence against women and men. It involves the stakeholders of the country beginning from the members of different communities to the top leadership of the federal government in addressing and legislating against domestic violence against women. The solid framework of top-down and down-top collaboration in the war against domestic violence in the United States has been fruitful leading to decreased number of cases and victims of domestic violence. The law has explicitly addressed the need to fight against domestic violence, most especially against women. It has underscored the cardinal duty of the law enforcement agencies, prosecutors, judges and victim attorneys to timely respond to calls for help. VAWA marked the turning point for women in the United States as it helped increase awareness and improve responses to cases of domestic violence.

The United Nations has improved and maximized the engagement of victims in the justice system. The intent is to obtain maximum results through proper punishment of offenders. In other words, the states should increase mechanism of responding to emotional, economic and legal needs of the victims as well as ensuring full execution of justice. The nationally coordinated system has impressively handled many cases of domestic violence giving VAWA a lot of merit, many have appreciated the services offered to them and justice served (Azzam, 2000).

Domestic Violence against Women in Qatar

Whereas there are several groups that empower and care for domestic violence victims, it is almost surprising that the country has no single legislation that can effectively prosecute offenders. According to studies done at a Qatar University by Al Ghanem (2007), 2 365 women were sampled. The number studied represented 12.8% of the population of interest (women) in Qatar. Their ages ranged from 15 to 24 years. Due to the large size of the study sample, it was necessary to generalize the outcome of the study. This population represented Muslim women in Qatar. The study also included non-Muslim women in Qatar with a total sample of 423, which also fell by 15.1% of the whole sample. Their ages ranged from 15 to 24 years. Due to the small number of the sample, it was not appropriate to generalize the findings. Regardless of the shortcomings, the study was able to produce a road map on the state of Muslim women in Qatar in relation to domestic violence.

The study established that 23.13% of women sampled acknowledged having experienced certain forms of domestic violence (Al Ghanem, 2007). In this experiment, Al Ghanem defined domestic violence as physical pain suffered at the end of the marriage partner. The larger percentage said they had not experienced domestic violence. Several reasons would have limited the ability of the respondents from acknowledging that they have experienced domestic violence. These include factors customs and traditions, embarrassment, and fear of victimization because they feel that others might access the information. According to the research, husbands do domestic violence against women, which consists of 34.3% of the domestic violence. In addition, fathers instigate 17.1% of the domestic violence against women, while the brother contributed 16.0% (Al Ghanem, 2007). In other words, men were unequivocally responsible for domestic violence in Qatar (Al Ghanem, 2007).

Offenders committed different forms of domestic violence and they varied from one group of women to another. 63.9% of the domestic violence cases studied represented battering as the most common form. The use of insults, humiliation, home imprisonment, and freedom restrictions were observed as other forms contributing to domestic violence. Men often ignore women’s opinions and suggestions believing that they are the only persons with moral authority to make opinion and decisions in equal measures. 55.7% have been victims of violence in several occasions while 15.6% were constant victims of domestic violence (Al Ghanem, 2007). In other words, majority of the sampled individuals in the research have been regular victims of domestic violence. The study indicated that among the regular victims of domestic violence, a majority of them have been subjected to violence since childhood. Approximately 44.6% acknowledged that they have experienced domestic violence since they were young children. 33.6% have been victims of domestic violence since teenage years, while 11% became regular victims after their marriage. The study further revealed that a small number of victims sought help in the wake of their mistreatments. The sampled population indicated that only 37.3% reported or asked for help while 62.69% failed to seek any appropriate help after an assault or humiliation (Al Ghanem, 2007). Three ways of responding to domestic violence were identified: victims screamed or tried to run, some of them responded to violence with violence (fighting) and some appealed to relatives to help solve the situation.

The most serious issue in these incidences is that only 5 % of the victims reported their plights to the law enforcement officers. More than 94% of the Qatari female victims of domestic violence chose not to report (Al Ghanem, 2007). This statistical distribution also applied to non-Qatari women. One of the major factors that were identified as having contributed to frequent domestic violence against women by their husbands and fathers was the fact that they constantly kept silent or did not act to punish the offenders. Second, gender discrimination was another factor.

According to the sample in Al Ghanem’s research, 47.3% of women who suffer domestic violence undergo constant depressions due to fear and anxiety. Approximately 6% of the victims suffer burns, injuries, and many other physically related side effects. 36.7% of domestic violence victims suffer from nervousness and many other effects related to violence such as loss of confidence and confusion (Al Ghanem, 2007). Some of the victims have forced themselves out of social life and have consequently developed hatred for men.

The statistics in the preceding paragraph demonstrate the high level of domestic violence in Qatar. Women are affected in different kind of ways. They are subjugated into submissiveness. They have no voice of their own but subjects of their husbands. The highest number of women chose not to report cases of domestic violence to law enforcement officers, particularly due to fear of further annihilation or consistent victimization. Some of them believe that, it is not wrong to be disciplined by a husband whenever they go wrong (Kassem, Ali, & Al-Malek, 2010). In Qatar, the reforms have not adequately surfaced to expel the derogatory, dehumanizing and belittling effects of domestic violence. It is particularly of interest to analyze why domestic violence has existed in Qatar or centuries and continues to erode the spirit of universal equality and gender equity. Could it be religious or legal? Are there factors prevailing that inhibit the development of reforms?

Domestic Violence against Women (DVAW) is immense in Qatar. This situation has been worsened by adherence to certain Islamic religious interpretations that encourage patriarchy, and promote women’s submission. Global aspects against women’s mistreatment experience increased coverage most especially by the civil rights organizations. Women all over the world have been empowered and encouraged to acquire equal opportunities and enjoy both their natural and constitutional rights in equal measure just as men. Today, several feminist groups and writers have emerged. They speak vehemently against the oppression against women. Besides, they develop and implement strategies and efforts to empower women all over the world. Despite this great achievement, certain parts of the world have remained unmoved. Men have continued to treat women, not only as the second fiddle to men but also as subjects of men. Qatar is a country, where women have little voice with regard to the enjoyment of their human rights as persons.

In Qatar, there are no laws that protect women against domestic violence. The laws to domestic problems are found within the family itself. This does not relate to their incapability, but because the Judicial System does not provide grounds for prosecution of criminal acts of that nature. This awareness on the development of good laws is important and can be accomplished through good educational programs dealing with family life in terms of skills of problem solving such dialogue. Through dialogue, families are capable of overcoming the possibilities of resorting to violence as a measure or tool to solve family problems. This has been one of the major causes of domestic violence because some partners, most especially men believe that they can only solve some problems by battering their women. The law can overcome this and it can only be reinforced through dialogue executed by the Judicial System. Implementations of these laws require a collective responsibility of different social institutions. Institutions, for instance, should provide better teachings mostly on certain Islamic teachings that do not see domestic violence against women as offensive. These teachings should aim to obliterate excuses, which men may use to admit physical punishments to their wives. There should be a commitment to tolerance for the Islamic teachings that are applicable in family life under the influence of vital institutions. Men should work to establish the social, physical and psychological needs of the family.

Law and the Rights of Women

No government data or publication exists that indicates the soaring levels of domestic levels in Qatar. This is because of lack of specific law describing domestic violence as a criminal offense. The only institution that exists, which tend to address the cases of domestic violence against women is the government funded Qatar Foundations for the Protection of Women and Children. According to the representatives of this organization, domestic violence is still a challenge in the area. Legal solutions to the problems emanating from the family are always adjudicated in religious courts. Judges’ rulings are derived from their own interpretations of the Islamic law. The family law in this case does not favor women in any way. They are discriminated against in terms of inheritance, divorce, and child custody. It is necessary to explore what the Islamic religion says about domestic violence; whether it permits or prohibits it (Kassem, Ali, & Al-Malek, 2010).

Several Islamic sources talk about wife beating in different ways. Some encourage it directly. One of the major sources that deliberate upon wife beating is Quran. Quran directly encourages men to have control over women and beat them when there are reasons to do so (Verse 34 of Al Nisa). Verse 34 of Al Nisa talks about wife beating in the following way “As to those women on whose part ye fear disloyalty and ill conduct (nushuz), admonish them, refuse to share their beds and beat them” (Ammar, 2007). There are different ways through which people interpret the verse. In the first instance, it has permitted the punishment or beating of the woman in the event she disobeys her husband. This is the first of the four different interpretations, which expresses that Quran encourages beating of a wife as a way of punishment. The second interpretation posits that Islam allows or permits wife battering but under conditions that guarantee her safety. The third interpretation offers that the verse provides exceptions, which may permit beating of a wife. This interpretation concludes that wife beating is unacceptable but is deserved under certain exceptions. The fourth interpretation refutes any possibility of verse 34 of Al Nisa permitting wife beating. It applies linguistic understanding to prove that the verse has been completely misinterpreted and that Quran does not aide or abet domestic violence (Ammar, 2007).

Apart from the fourth and least considered interpretation, it is clear that the Quran through verse 34 of Al Nisa supports wife beating (Ammar, 2007). Most of the Muslims tend to classify the above interpretations in order of their importance. In this case, they value those interpretations that encourage and promote patriarchy. Patriarchal principles advocate for wife beating. They believe that through it, a man is able to demonstrate “sanctioned powers and authority” in as far as the control of family is concerned. This is an authority, which a man is expected to demonstrate over his children and women.

Consequently, men try to use this religious principle in participating in domestic violence. After beating their wives, men believe that their actions are justified. Women believe that they have absolutely no chance of getting legal justice. These are family feuds or matter that can only be handled in family courts in as far as the judicial system of Qatar is concerned. Quran further emphasizes that men are protectors of their families. This has largely given men the power to control everything, make decisions; whether popular or unpopular. In the end, domestic violence emerges and women remain powerless to defend themselves from men’s activities.

Other Islamic sources that promote wife beating include Prophet’s sayings referred to as hadiths and fatwas. They have been applied in deliberating upon the aspect of wife beating. These sources promote and encourage patriarchal sentiments. Many writers have disputed these sources because they manipulated the understandings on gender roles, women’s political participation majorly to root firmly patriarchal principles (Ammar, 2007). Fatwas offer answers to questions of law and religious dogma. Persons in the highest office of authority often issue them. They lack any sense of moral framework and their explicit engage with political issues make them rather biased when they deal with women’s rights, civil, and individual liberty. These sources espouse the use of physical punishment in disciplining women who are not loyal and obedient to their husbands. Men have used these ideologies in ensuring that women remain domestic subjects. They are denied the chance to participate in opportunities that can enable them to be self-reliant and self-efficient. In most cases, women in the Islamic world were restricted from obtaining valuable western educa