1. Introduction
1. The issue of psychological violence is a sensitive
one, even following the opening for signature in May 2011 of the
landmark Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (Istanbul Convention,
CETS No. 210), which contains an article on psychological violence.
This article criminalises intentional conduct of seriously impairing
a person’s psychological integrity through coercion or threats.
2. Despite this important step, psychological violence remains
a sensitive issue, essentially because it is so difficult to prove
“the criminal nature of an abusive pattern of behaviour occurring
over time”, as it is put in the explanatory report to the convention
(paragraph 181) – since abusive behaviour leaves scars on the mind rather
than the body.
3. I would thus like to congratulate the rapporteur of the Committee
on Equal Opportunities for Women and Men, Ms Elvira Kovács, who
has managed to deal with this issue in a balanced and comprehensive
way. I would also like to salute her courage – it is not easy to
reveal that one has oneself become a victim of violence in a past
relationship. Indeed, it is often even difficult to recognise that
one has been subjected to psychological abuse until one has had
the strength to leave the abusive relationship.
2. Children as secondary victims of domestic violence:
the contribution of the Istanbul Convention
4. Psychological violence, most frequently perpetrated
by men against women with whom they are in an intimate relationship,
affects not only the women as victims, but also the children who
witness this type of violence.
When
psychological violence is understood as words or acts of the perpetrator
putting the victim in a position of subjugation, it is clear that
children cannot feel safe and nurtured in such a home. The Parliamentary
Assembly already dealt with the broader issue of “children who witness
domestic violence” last year, on the basis of a report drafted for
the Social, Health and Family Affairs Committee by Ms Carina Ohlsson (Sweden,
SOC),
which
led to the adoption of
Resolution
1714 (2010) and
Recommendation
1905 (2010).
5. In those texts, the Assembly reiterated that the situation
of children witnessing domestic violence, and the particular dangers
they are exposed to, are too often neglected with regard to related
policies. It therefore considered that the reinforcement of specific
action for such children is needed at all political levels and that different
aspects of the specific impact of domestic violence on girls and
boys must be taken into account. The Assembly therefore called on
the Committee of Ministers to instruct the Ad hoc Committee on Preventing
and Combating Violence against Women and Domestic Violence (CAHVIO),
which was preparing the Istanbul Convention at the time, to take
the question of children who witness domestic violence into account,
providing children concerned, in the respective articles of the
future convention, with a veritable status of “secondary victims”.
6. These recommendations were indeed taken into account, which
can only be most heartily welcomed. The Istanbul Convention recognises
in its preamble “that children are victims of domestic violence,
including as witnesses of violence in the family”. Other important
provisions in this field include:
Article 22 – Specialist support services
2. Parties shall provide or arrange for specialist women’s
support services to all women victims of violence and their children.
Article 26 – Protection and support for child witnesses
1. Parties shall take the necessary legislative or other measures
to ensure that in the provision of protection and support services
to victims, due account is taken of the rights and needs of child
witnesses of all forms of violence covered by the scope of this
Convention.
2. Measures taken pursuant to this article shall include age-appropriate
psychosocial counselling for child witnesses of all forms of violence
covered by the scope of this convention and shall give due regard
to the best interests of the child.
Article 31 – Custody, visitation rights and safety
1. Parties shall take the necessary legislative or other measures
to ensure that, in the determination of custody and visitation rights
of children, incidents of violence covered by the scope of this
Convention are taken into account.
Article 46 – Aggravating circumstances
Parties shall take the necessary legislative or other measures
to ensure that the following circumstances, insofar as they do not
already form part of the constituent elements of the offence, may,
in conformity with the relevant provisions of internal law, be taken
into consideration as aggravating circumstances in the determination
of the sentence in relation to the offences established in accordance
with this Convention: …
d. the offence was committed against or in the presence of
a child;
Article 56 – Measures of protection
A child victim and child witness of violence against women
and domestic violence shall be afforded, where appropriate, special
protection measures taking into account the best interests of the
child.
3. The specific case of children as secondary victims
of psychological violence
7. In her 2010 report, Ms Ohlsson cited a statistic
that every child surveyed in a women’s domestic violence refuge
had witnessed mental cruelty against their mother.
Children
who witness psychological violence are all too often the forgotten
victims of that abuse. They can be traumatised and adversely affected
by the experience to a significant degree, even if this form of
violence receives less attention. Given the severity of the effects
of psychological violence we should take this opportunity to highlight
the plight of children as secondary victims of psychological violence,
to ensure their rights are not further infringed nor their best
interests overlooked.
8. Children exposed to psychological violence experience so much
more emotional stress and turmoil than a child growing up in a loving
and secure family environment. They can sense that the relationship
their parents have is a dysfunctional one. It is one of inequality.
The perpetrator of psychological violence is in a position of authority
and control over the victim. They can sense first-hand the fear
and emotional trauma the principal victim (usually their mother)
is suffering. This is not a healthy environment for a child to grow
up in.
9. Witnessing psychological violence can have adverse effects
on a child’s development process, such as impairment of cognitive
and sensory growth. Behavioural changes commonly surface with these
children, in the form of bed-wetting, sleep problems and irritability;
later on in life this can escalate to depression, suicidal thoughts
or self-harm. Social development may also be affected, as children
lose the ability to feel empathy for others, and feel socially isolated
due to confusion over what is acceptable. Further, the education
of a child witnessing such violence can be adversely affected, as
they can have trouble concentrating and focusing.
10. In the long term, the best indicator of whether a child is
going to be involved in domestic violence (whatever form it takes)
later in life, as either a perpetrator or a victim, is whether they
have experienced first- hand domestic violence as a child. So, in
addition to the developmental obstacles put in the path of the child, witnessing
psychological violence in their home may have the effect of repeating
the cycle.
11. Compounding the problem of actual psychological violence itself
is the manner in which the impropriety of this behaviour is unacknowledged
and unaddressed in the home. The victim of psychological violence
lowers the standards of what is acceptable as the violence continues
and life in the home continue as if nothing has happened. The child
learns this is not something to be spoken about and that it should
remain a secret within the family. As they begin to grow older and
realise this behaviour is not typical for a family, they will become ashamed,
and are even less likely to confide even in a trustworthy figure.
12. This environment of fear is an anathema to what a child genuinely
needs, which is a secure environment with adults who love, care
and support them (and each other). Child secondary victims of psychological violence
need to learn that violence of any kind is absolutely wrong, and
see that there are alternative, healthier and happier family dynamics.
It is also imperative that they understand that the violence is
not their fault.
4. Conclusion and recommendation
13. Psychological violence is a serious human rights
violation which affects not only the principal victim, but also
children who witness the violence. These children need and deserve
(specialist) help, support and protection. It is our job to provide
them with this.
14. I fully support the draft resolution tabled by the Committee
on Equal Opportunities for Women and Men, since I believe that its
centrepiece – the recommendation to sign and ratify the Istanbul
Convention as soon as possible – will go a long way to doing just
that if swiftly followed up by member states. I would, however,
like to propose three amendments with a view to ensuring that the
harmful consequences of psychological violence in the home on children
who witness it are duly taken into account.
