Family Violence

Scholars define family violence, also termed domestic violence, as violence between individuals who are related through intimacy, blood, or law. One distinguishes family violence from other forms by the context in which it occurs (the domestic or “private” sphere) and the relationship between perpetrators and victims (familial). Most commonly, it is a genderspecific form of violence, perpetrated by men against women. Scholarly explanations for family violence tend to emphasize gender inequality and norms of male and masculine power and authority within the family.

Violence within the family raises questions about the laws and legal institutions governing family relations within a society or community: Is violence among family members legally permitted or prohibited? Are violent practices tolerated or penalized by authorities? Are civil remedies available to victims (for example, right to divorce or restraining orders)? In contexts where family violence is not prohibited by law (that is, criminalized), perpetrators enjoy legal impunity. In contexts where laws prohibit it but officials do not enforce them, perpetrators enjoy social impunity.

The pervasiveness of impunity (whether de jure or de facto) is evident in the fact that family violence is reported as “common” in almost all countries, although estimated rates vary. Family violence constitutes one of the principle causes of female injury in almost every country in the world. While forms of family violence differ, the global scope of the problem suggests a cross-national complicity to ignore or tolerate it by state agents and influential constituencies, especially those one might label as “social conservatives.” The prevalence of family violence, even in societies with relatively greater gender equality, signals an enduring difficulty to activate a legal solution. It also serves as a rejoinder to cultural stereotypes that [Page 575]women and children in certain parts of the world are uniquely or exceptionally vulnerable.

The intimacy and privacy of domestic space and relations make the problem of family violence difficult to study and document. Moreover, the importance of the family as a social institution in every society and norms of inequality and hierarchy (gender and generational) within the family make the formulation of effective strategies of redress and punishment difficult and controversial. Of particular importance is a pervasive failure or refusal to apprehend perpetrators and condemn violence between family members as violence; in many societies, beatings, confinement, intimidation, and insults are popularly regarded as legitimate forms of “discipline” or “punishment” to exercise familial authority and maintain domestic order, rather than being condemned as “battery” and “abuse.” In many societies, “marital rape” is not conceived as violence because it contradicts ideas (and, in some contexts, laws) about husbands' rights of unfettered sexual access to their wives. Social beliefs and ideologies about family relations vary greatly, but gender biases are operative in all societies, and social and legal constructions of the family as private shield perpetrators from sanctions, thus perpetuating impunity.

There is a dearth of reliable information about family violence because of the inability or unwillingness of victims to report violence, the refusal or failure of authorities to document this violence and make reports publicly available, and official or social tolerance for violence among family members. Most existing information comes from local and international women's and human rights organizations and certain bodies of the United Nations with mandates that focus on gender and family relations.

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