Prevention of domestic violence through the right to health

Abstract

Estimates for women experiencing domestic violence are high. According to estimates by the WHO, one third of all ever-married women will face domestic violence during their lifetime. The nature of violence within domestic units is difficult to define and differs from other types of violence. Domestic violence further includes several types of behaviours, that have long been unrecognised in international law. There are now several instruments under international law to protect women against violence. The aim of this the thesis is to answer if the right to health may contribute to the existing prevention of domestic violence. There are several factors that affect the health of individuals and different groups face different barriers regarding health. Violence against women has been identified as a critical health issue. Its impact on women’s health has not received sufficient attention or prevention. Case law on domestic violence confirms the State responsibility to provide protection from such violence. Women’s rights related to health tend to focus on maternal care, conflict related violence or violence connected to sexual orientation or gender. However, domestic violence is the most common type of violence of the gender-based violence against women and causes long-term effects on health. Insufficient State responses to prevent domestic violence leave women in a particularly vulnerable position, especially with regard to the social structures that exacerbate the situation of victims of violence. Addressing violence against women as a public health issue creates more opportunities to act against the violations than solely addressing them as human rights violations. A public health approach incorporates several different approaches to the problem and focuses on solving health problems to benefit as many people as possible. One of the key solutions to violence against women within a public health approach is primary prevention. Case law will be used to define the positive State obligations in cases of violence between individuals. The prevention of domestic violence will be discussed in relation to the preventive measure derived from the right to health, focusing on the European Social Charter. By discussing and comparing the state obligations created by the Istanbul Convention and the European Social Charter, the aim is to describe the relationship between domestic violence and women's health and to examine the extent of preventive obligations. The implementation of preventive obligations in Finland will then be discussed, as well as the estimated costs of domestic violence. The implementation of preventive measures in Finland, together with on comments and conclusions by international organisation, will demonstrate how the prevention of domestic violence could benefit from better implementation of the right to health.