Stereotypes or professionals not knowing the legislation?
Stereotypes or professionals not knowing the legislation? How the justice and healthcare systems respond to domestic violence. A woman from Floresti district and her minor children have been subjected to physical and verbal aggression for many years by her partner and the children’s father. Initially the perpetrator was fined several times and then sentenced to two years probation under Article 2011 of the Criminal Code. Throughout this period the man continued to use violence even though he was constantly monitored by probation officers who found that the man was violent. Because of the escalating violence and because she could not get protection from the justice system, the woman tried to commit suicide. Following a case of violence, the woman went to the hospital to obtain a medical report on her injuries to be attached to the prosecution file. The doctor who examined her refused to issue the report and even advised her to make up with her husband. The woman requested a protection order, but the court ruled that protection measures were not necessary, although the police and the criminal investigation officer insisted on it. Moreover, the perpetrator himself confirmed during the court hearing that he was committing violence. The woman turned to the Women’s Law Centre, which obtained the protection order on an emergency basis (less than 24 hours) and notified the Ministry of Health and the General Prosecutor’s Office, alleging the violation of the patient’s right and of the provisions of the Law on preventing and combating domestic violence, which provide for the patient’s right to obtain a medical report on the state of health. The woman and the children are now safe, a protection order has been issued and the perpetrator has been forcibly removed from the house. The case is being investigated and evidence is being collected for prosecution. Freedom cannot be achieved unless the women have been emancipated from all forms of oppression. — NELSON MANDELA