A woman who wants to divorce her husband of 40 years because she says their marriage is unhappy has lost her case. Supreme court judges “reluctantly” told her she must remain his wife, because a joyless marriage is not adequate grounds for a divorce if one spouse refuses to agree.
Five judges at the UK’s highest court unanimously upheld rulings by a family court and the court of appeal that Tini Owens, 68, must stay married to Hugh Owens, 80, despite her complaint that the marriage was loveless and had broken down.
Tini’s case has thrust the country’s lack of provision for no-fault divorce into the spotlight. Even spouses mutually seeking to end a marriage must, unless they have been living apart, assign blame and make often damaging allegations that lawyers say inflame potentially amicable proceedings.
Tini petitioned for divorce, alleging that her husband had prioritised his work over their home life, his treatment of her lacked love and affection, he was often moody and argumentative, he had disparaged her in front of others, and that she had grown apart from him.
In an initial hearing in October 2015, a judge allowed Tini to expand her grounds for divorce to 27 examples. But he nevertheless dismissed her petition, ruling that her case was flimsy and exaggerated. The judge said that while Hugh was “somewhat old-school”, Tini was more sensitive than most wives.
https://www.theguardian.com/law/2018/jul/25/supreme-court-rules-unhappy-marriage-not-grounds-for-divorce-tini-hugh-owens

Category: Domestic Violence
Violent deaths in Australia: Powerful image reveals dark reality
AN interactive map that puts violent deaths into stunning perspective has gone live in a first of its kind for Australia.
The Red Heart Campaign has commemorated more than 1000 lives of women and children lost to violence in an online interactive memorial which its creators have called the ‘Australian Femicide Map’.
“All of the hearts you see represent women and children lost to violence in Australia,” according to a Red Heart statement released today.
“Simple tap on a (heart) and the victim’s story and photo will pop up as will the location of their death.”
Figures by the Red Heart Campaign also show that 69 men have been murdered so far in 2018. It is alleged most of these deaths were caused by another man. Of those 69 men who have died, 11 of them were allegedly related to family violence. It is alleged that out of those 10 deaths, five men were killed by another male, and six were killed by a female.
Red Heart Campaign researcher Katherine Benson said the statistics showed “we are not at risk of terrorism, we are at risk of each other”.
“Growing up in the ’80s I was taught about stranger danger,” she said. “Nobody taught me to be cautious of the people that I loved.”
“Men are killing men. Men’s Rights Activists (MRA’s) are lying about male violence. Men are lying about statistics around male suicide, and we should all be outraged by that.”
https://www.news.com.au/lifestyle/real-life/news-life/domestic-violence-deaths-in-australia-powerful-map-reveals-dark-and-shameful-reality/news-story/218829ddf5864aa5a61ecb995b8f725d

'A huge win': New Zealand brings in paid domestic violence leave
New Zealand has passed legislation granting victims of domestic violence 10 days paid leave to allow them to leave their partners, find new homes and protect themselves and their children.
MPs clapped and cheered as bill passed on Wednesday night with 63 votes to 57. It is the result of seven years of work by Green MP Jan Logie, who worked in a women’s refuge before she became a politician.
New Zealand has one of the highest rates of domestic violence in the developed world, with police responding to a family violence incident every four minutes. Family violence is estimated to cost the country between NZ$4.1bn and $7bn a year.
At present the only country other than New Zealand to have passed such a law at national level is the Philippines, whose Anti-Violence Against Women and Their Children Act of 2004 includes provision for victims to take up to 10 days’ special leave. Under section 43 of the act, employers trying to impede such leave face penalties. However, it is unclear whether these provisions are widely known, used or enforced.
Laws providing paid leave relating to domestic violence also exist in Canada at a provincial level, in Manitoba and Ontario.
In March the Australian government announced it would introduce legislation entitling workers to five days unpaid leave to deal with a family violence situation.
https://www.theguardian.com/world/2018/jul/26/new-zealand-paid-domestic-violence-leave-jan-logie

Why don't we consider violence against women and girls terrorism?
[D]espite heightened awareness and push back, violence against women and girls remains a global threat: half of humanity should be female, but 117 million women and girls are “missing” (dead) due to discrimination, systemic injustice, and a lack of human rights under patriarchy. That’s more deaths than World War I and World War II combined, according to the United Nations Population Fund.
Despite the progress made by the global feminist movement, attitudes are slow to change, violence and discrimination against women and girls continues, and legislation supporting the rights of women and girls remains contested and under threat.
It is perhaps due to advancements in women’s rights in recent decades that we are seeing an increasing culture of violence against and sexualization of females in popular culture, ranging from pop music to video games to social media to advertising. Today, women are told that being a sex object is empowering by the media as well as by liberal feminists. Indeed, accepting the objectification and pornification of the female body is treated as a necessary and progressive part of a modern, liberal society.
In this daily war against women, many women internalize misogyny to the point that they become the accomplices of their executioners. Men may be in charge, but women are often their soldiers.
Despite having no health benefits and, in fact, being
Similarly, it’s not uncommon for women participate in honour killing.
https://www.feministcurrent.com/2018/07/19/dont-consider-violence-women-girls-terrorism/
Rape and domestic violence victims at risk as police fail to record tens of thousands of crimes, watchdog finds
Victims are being left at risk by the police’s failure to investigate tens of thousands of crimes, including rape, violence and domestic abuse, a watchdog has warned.
Victim Support warned that the failures were preventing victims from accessing the help, support and justice they deserve.
Chief officer Diana Fawcett said: “The fact that many of these crimes that are not being recorded include those of a violent and sexual nature is even more worrying as it is putting extremely vulnerable people at risk.
The cases that Lincolnshire Police failed to properly record included 24 reports of rape – some involving modern slavery victims who had been coerced into prostitution.
The proportion of unrecorded crimes rose to a quarter for violent offences, amid a nationwide increase in stabbings and shootings.
https://www.independent.co.uk/news/uk/crime/rape-domestic-violence-victims-risk-crime-recording-police-inspection-lincolnshire-humberside-met-a8450056.html

Protect Families and Children From Gun Violence – Let's give women and children a say!
We are calling upon State and Territory Premiers and Ministers to protect families and children from gun violence, starting with the NSW Attorney General, Hon. Mark Speakman and NSW Police Minister, Hon. Troy Grant. We need compulsory family law firearm checks once proceedings have been lodged in the Family Courts and we need a full scale review of gun laws, to ensure they’re keeping us safe.
As the law currently stands, when a person applies for a firearm licence or permit to acquire additional firearms, the spouse of the applicant does not need to be notified or consulted, even when a family law matter has commenced in the courts and there has been previous history of threats and fear.
Samantha Lee, Director of GCA states, “Current gun laws fail to adequately protect women and children from gun violence because the law requires an AVO to be in place or a charge for a criminal offence before a firearm may be revoked or suspended. By then, it may be too late to save a life.”
“What GCA wants to see happen is a more pro-active approach which gives woman and spouses a voice in the gun licence continuation, application or acquisitions process.”
We need your support to change our gun laws to better protect families from gun violence.
This petition is endorsed by Women’s Domestic Violence Court Advocacy Service NSW Inc.
https://www.communityrun.org/petitions/give-women-the-right-to-veto-gun-ownership

Women who kill their partners are still being treated differently to men
by Julie Bindel in an Opinion Piece for The Guardian
After we cleared Emma Humphreys’ name 23 years ago we thought the law would support women who had been violently abused. Her case resulted in a change in the law. Judges could now direct juries in such cases to take into consideration the whole life histories of women like Humphreys who ended up on trial for murder.
Feminist campaigners were buoyant, certain that the tide was turning and that other women in Humphreys’ position would be better understood, and treated fairly by the courts. We were wrong: 23 years after Humphreys was freed, very little has changed. Justice for Women is currently dealing with the cases of several women who have killed violent men and subsequently been convicted of murder. It is almost as though the huge campaigns of the past three decades never happened.
Sally now has a new legal team, and her appeal against the murder conviction will be heard later this year on the grounds that she was subjected to “coercive control” for decades. She was given a sentence of 22 years in 2011. The prosecution suggested that her motive was “jealousy”.
This is somewhat different to the way that many men who kill their female partners are treated. Infidelity is regularly used as a defence in such cases, often successfully, by men who kill, and yet women such as Humphreys are given no understanding of or sympathy for their experience of horrendous domestic and sexual violence.
Why are so many women charged with murder, as opposed to manslaughter, if there is strong evidence of domestic violence?
How different is the attitude to men defending property than to women defending their own lives or the lives of their children against violent men? When Richard Osborn-Brooks was arrested after stabbing a burglar who tried to break into his home, the hashtag #FreeRichardOsbornBrooks was launched alongside a petition calling for the Crown Prosecution Service to take no action against him. He was released without charge. “We have the right to protect ourselves in our own home,” tweeted one man, in support of Osborn-Brooks.
https://www.theguardian.com/commentisfree/2018/jul/10/women-kill-partners-men-emma-humphreys-abused

OHCHR | 38th session of the Human Rights Council, Statement by Ms. Dubravka Šimonović, Special Rapporteur on Violence against Women, its causes and consequences
During my visit to the country (undertaken from 13 to 27 February 2017) I observed that violence against women in Australia is recognized and addressed as a pandemic by political leaders at the highest levels of Government.Through my visit to different jurisdictions, I commended the National Plan to Reduce Violence against Women and their Children 2010-2022.
However, I also noted that such efforts are limited by several factors that impede the achievement of concrete results, including the lack of federal law or harmonized national laws on prevention, protection and prosecution of violence against women . . .
[T]he Government should, as a matter of priority:
- Amend the Constitution or other laws to enshrine the right to equality of women and men as required by article 2 of the CEDAW and the prohibition of discrimination against women, in accordance with the definition in article 1 of the Convention, in order to provide an harmonized standard for laws related to women’s rights and prevention of gender based violence against women;
- Enact a Federal Law on combating and preventing violence against and domestic violence based on CEDAW Convention and CEDAW GR 19 and 35. The Government should also expand the definitions of family and domestic violence to cover all forms of GBVAW including sexual assault, sexual harassment, violence in residential settings and online violence and harassment.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23235&LangID=E

UN grills Australia on multiple failures to protect women against violence
This week, the key UN Committee on gender equality asked a multi-agency Australian government delegation how Australia is implementing the primary convention on women’s rights and gender equality.
As a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Australian government is expected to present to the Committee on the Elimination of Discrimination every four years but the last time they presented was in 2010.
Given Australia’s global economic standing, the Committee was extremely concerned by cuts to women’s shelter services and the housing, financial and legal services upon which the most vulnerable women rely. The Committee criticised Australia for cutting specialised services designed to help women escape violence in the home and replacing them with mainstreamed services. The Committee considered it is unreasonable for a woman who has been the victim of male violence seek refuge at a shelter that now also serves men.
Committee expert, Ruth Halperin-Kaddari asked about reduction in women’s access to justice due to “major cuts to legal aid across the board.” Quoting the 2014 Productivity Commission Inquiry she reminded us “women are more likely to experience unmet legal need than men, and that indigenous women are more at risk, and more legal need is unmet in rural, regional and remote areas.”
Committee’s Rapporteur for Australia, Patricia Schulz, was deeply critical of why the government had decided to merge the Family Court with the Federal Circuit Court before the results of the review they commissioned to ensure the family law system meets the contemporary needs of families and effectively addresses family violence and child abuse. She also expressed concern about the influence of false claims by the so called ‘Men’s Rights Activists’ on family law officers, policies and practice at the expense of the safety and protection of women and children in situations of domestic violence.
https://www.sbs.com.au/news/the-feed/un-grills-australia-on-multiple-failures-to-protect-women-against-violence

UN set to review Australia's record on women's rights – and may find it wanting
Australia’s record on women’s rights is being reviewed by the United Nations Committee on the Elimination of Discrimination Against Women in Geneva on July 2-3. The committee will review Australia’s compliance with our obligations under the women’s rights treaty – the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Australia has a seat on the UN Human Rights Council. It was elected on a bid built on five pillars, including gender equality and Indigenous people’s rights.
However, we’re seeing little improvement on women’s rights and a concerning deterioration in some areas.
What are the key issues we expect the committee to raise?
-The human rights framework in Australia
-Aboriginal and Torres Strait Islander women and girls
-Violence against women
-Sexual harassment of women
– Refugee women and girls
https://theconversation.com/un-set-to-review-australias-record-on-womens-rights-and-may-find-it-wanting-98552

