The No Recourse to Public Funds (NRPF) policy has been catapulted into public awareness recently as it emerges that not only are thousands of law-abiding migrant families inching towards destitution amid COVID-19, but the Prime Minister had apparently never heard of the policy that dates as far back as the 1990s while the Home Secretary refuses to make an exemption during this time of unprecedented crisis.
Although NRPF predates the current Conservative government, it has been severely ramped up in the past decade under the Home Office’s ‘hostile environment’ endeavour. What it means is that migrants in the UK who are not considered ‘habitually resident’ are blanket banned from accessing public funds, including carers allowance, child benefit, Universal Credit, disability living allowance, housing benefit and jobseeker’s allowance. Yet the path to permanent settlement (Indefinite Leave to Remain) for those on a Family Visa can take as long as ten years, during which time applicants must cough up extortionate visa renewals every 2.5 years.
The condition applies to at least 1 million adults and 142,000 children. In the midst of a pandemic where job losses are rife, this NRPF could force as many as 100,000 people into destitution or homelessness according to the Migration Observatory and the Institute for Public Policy Research. However, researchers largely overlook the gendered discriminatory nature of NRPF. Migrant women who are single mothers, pregnant, or are survivors of domestic abuse are overwhelmingly harmed by the benefits ban which, in turn, has an impact on the welfare of their children.
All over the world, women and girls are disproportionately ensnared in domestic duties and childrearing. Whenever the relationship between a mother and father breaks down, women are more likely to become the sole care giver – yet are unable to enter full time work to cover the costs. The UK’s inflexible labour market remains hostile to single mothers, leaving women with little choice but to enter zero hours contracts and other means of insecure work. However, the burden is heavier for migrant single mothers as they are shoved even further into the margins of insecurity and poverty due to the benefit ban. As a result, migrant single mothers are more likely to become trapped in a vicious cycle of poverty; unable to climb the career ladder to earn more money, yet unable to afford childcare costs even if they could work additional hours and no supplementary support in the event they fall into hardship through no fault of their own.
For migrant pregnant women with NRPF, a report published last year by the Unity Project found they are unable to take sufficient maternity leave. Pregnant women with an insecure immigration status are forced to work longer hours both before and after giving birth to cater to the high fees of their new-born baby. Even if the mother-to-be is in a secure job that can provide statutory maternity pay, after the first six weeks the maximum amount is capped at £151.20 per week which without a backlog of savings to rely on, is evidently inadequate to cover rent and other essentials, let alone a child.
To make matters worse, NRPF is putting women’s lives at risk. Migrant women are at an increased risk of domestic abuse when compared to British women, and already figures are reaching eyewatering heights: during COVID-19 lockdown, five women a week have been murdered by the hands of their abuser. Yet NRPF serves to intensify the precarity of migrant abuse victims’ circumstances as without public funds, they can be turned away from refuges. The 2017 Nowhere to Turn Project by Women’s Aid discovered only one refuge space was available to women with NRPF per every region of England, yet the recent Domestic Abuse Bill fails to extend support for women with NRPF or to prevent this from happening again. Campaigners such as The Step Up Migrant Women coalition argue the Bill deliberately ignores migrant women with NRPF, claiming the Government knows they exist but that “it is deliberately choosing to ignore their needs.”There is one, marginal escape route on offer to migrant victims of domestic abuse. The Destitute Domestic Violence Concession opens a shortcut to permanent residency for survivors with a Spouse Visa, however, the process is littered with obstacles and the paperwork is beyond reasonable. Women must jump through hoops to gain a mere three months of public funds while Scottish Women’s Aid even found some councils were advising victims to remain with their abusive partners due to a lack of support. Even so, this backdoor exit is only left ajar for migrant women under Partner Visas; other migrant women under different visa categories are offered no such escape route.
Children to migrant parents are at a clear disadvantage when compared to their peers; they cannot receive free school meals while they are more likely to face destitution and even homelessness as a consequence of their parents’ NRPF. In the event the child does not gain British Citizenship by the time they reach 18, they face international tuition fees to study in a UK university in the country that they have called home their entire lives.
One recent landmark case is exemplary of how NRPF trickles down to affect the standard of life for children. The court heard the heart-wrenching testimony of an eight-year-old British boy who had been plunged into severe poverty his whole life and even street homelessness with his mother, who has NRPF but works as a carer. The court decided NRPF breaches Article 4 of the Human Rights Act in the child’s case, and new guidance has since been issued. However, the new amendment doesn’t go far enough: only those who entered the UK via the family route may apply for protection, and even then, they have to prove that they are at risk of ‘imminent destitution’.
Already, a similar system is in place to protect the welfare of children, which is evidently failing. Local councils have a duty to safeguard its residents and issue Section 17 support in dire circumstances, yet lawyers at Garden Court Chambers have found that not only are applications “onerous, difficult and slow” as a result of austerity and budget cuts, but destitute families have even been told they are not eligible and that their kids may be taken into care. A shocking 6 in 10 families who attempt Section 17 access are refused – and even successful applicants can receive as little as £1.70 a day.
What this shows us is that whenever aid is devolved into the hands of local authorities, vulnerable people become victim to the ‘postcode lottery’ and migrant women with NRPF in particular pull the short straw. The Unity Project goes as far to argue that the Government is failing in its obligation to the Equality Act 2010, finding that NRPF serves as “indirect sex-based discrimination”.
For a country that considers itself propped up by the pillars of civility and justice, this policy that causes new-born babies and children to grow up in extreme poverty, while leaving women with the impossible choice of homelessness or domestic abuse, is in direct conflict with the UK’s commitment to human rights. It is high time the benefits ban is lifted, allowing vulnerable people to access welfare support in the same way Britons can. Until then, No Recourse to Public Funds will continue to unnecessarily spiral thousands of hard-working and ordinary women and their children into misery and hardship.
If you are concerned about the impact NRPF is having on migrant women and children, contact your local MP today to encourage Boris Johnson and Priti Patel in changing this damaging, hostile policy.
This article was written by Olivia Bridge who is a political correspondent for the Immigration Advice Service.
While the implementation of lockdowns across the globe have successfully prevented even greater rates of infection and death, they unfortunately bring with them an unintended, deadly consequence – an increase in domestic violence. An upsurge in violence has been reported in all corners of the globe: in Hubei, the Chinese province at the epicentre of the original outbreak, domestic violence reports rose by over 300% during February.In Malaysia and Lebanon, calls to hotlines have doubled on the previous year. A recent report by the United Nations Population Fund explores the recognised increase in domestic violence cases since the onset of lockdown around the world, stating the primary reason for increased rates of violence as the simple fact that stay-at-home orders and restrictions on movement increase women’s exposure to violent partners. An increased amount of time in the presence of an abuser increases the likelihood that a victim will be subject to a violent attack.
The economic pressure felt in households worldwide resulting from COVID-related involuntary unemployment, reduced salaries and redundancies also contributes to this phenomenon, as financial stress increases incidences of domestic violence. Nearly 60% of women globally are employed in service industries (such as childcare, retail and hospitality) and countless numbers in the informal economy, which are disproportionately affected by current restrictions due to the difficulty of fulfilling such roles remotely. In South Africa, over one third (35.9%) of women who are employed are employed informally. This means women are uniquely impacted by the economic consequences of COVID. This loss of financial security decreases a woman’s economic independence, further reducing their freedom from violent partners and giving them even fewer resources with which to flee a setting of violence.
The increased strain on domestic violence support services is another factor contributing to this ‘second pandemic’ in countries around the world. Lockdown measures and transport restrictions reduce the ability of domestic violence workers to physically meet survivors, or for survivors to access friends and family who act as their support networks. Domestic violence shelters and meeting spaces have in some cases been shut down or repurposed as intensive care clinics or homelessness shelters, with technical issues and staff illness further reducing their capacity to assist victims.
Secondly, the strict nature of lockdown rules in South Africa mean that it is more difficult for victims to report cases and some women are simply unable to do so, meaning the reported number is highly likely to be an underestimate of the true figures. Restrictions on movement outside of the home mean women intending to report abuse or flee may have no valid excuse to give their abuser for leaving the house, and as highlighted earlier, they may be unable to seek refuge in a shelter or other safe space due to those spaces being repurposed or temporarily shut down. Fear of harsh punishment if caught breaching lockdown regulations by one of the 25,000 security personnel enforcing the policy may also deter women from seeking help outside the home. Within the home, many women may now be spending 24 hours a day in the presence of their abuser, rendering it often impossible to make phone calls seeking help or reporting abuse. While some NGOs are striving to establish online and text message services and national hotlines remain open, this only partially mitigates the problem. Intimate partner violence has always been a grossly underreported crime, with a reporting rate of under 40% before COVID-19, so reporting may be far below 40% now due to the unique difficulties presented by lockdown measures. In recognition of this dilemma, the United Nations has stated that “in the case of restricted movement and limited privacy, women are finding it difficult to phone for help. So, the likelihood is that even these figures represent only a fraction of the problem.”
Earlier this month South Africa implemented the first relaxation of its lockdown measures to a ‘level three’ response, sending an estimated 8 million people (of a population of 58 million) back to work. There are hopes that this will provide some respite for domestic violence victims, allowing them more time away from their abuser and a better chance to contact support networks if they or their abuser are now returning to work. Domestic violence services will also benefit from an increased capacity to help victims, but the resumption of sales of alcohol from June 1st as part of this first phase of relaxation casts doubt upon whether the safety of women in South Africa will improve as a result of these measures. One thing that is certain is the importance of South Africa, and all other countries, ensuring they employ and prioritise a gender-responsive strategy within their COVID-19 responses for the duration of the pandemic. If they fail to do so, and instead choose to de-prioritise gender-based violence during this crucial time, the overall indirect death toll from COVID-19 will be much, much higher.
This article was written by Holly. Holly is 23 years old from East Sussex, England. Since graduating with a degree in Politics and Economics in 2018 she has worked and volunteered in Africa and Asia and is currently living in China. Her interests include human rights, international security and development.
Wan Fei, the founder of an anti-domestic violence NGO in China reported a huge increase in the country’s domestic violence cases in February. Jingzhou, a province in Hubei, received 3 times more reports in February 2020 than in the previous year. As cases of Covid-19 began to climb around the world, so did cases of domestic violence.
As the world’s attention was focused on the pandemic, women’s rights activists and service providers warned us that domestic violence victims would be overlooked, survivor services would be de-prioritised and the fear and tension during the crisis would result in a sharp increase in cases. As we saw the numbers of domestic violence cases rapidly increase in China where the pandemic started, we could assume that this pattern would follow in other countries. This assumption was proven to be true, as there has been an increase in domestic violence cases as lockdowns started all over the world.
Activists in Italy reported a drop in calls to the helpline centre only to receive a record amount of text messages and emails. As victims are forced to be in the same rooms as their abusers they often cannot voice their problems out loud and this is the only way they can let others know what is happening. It is also important to remember that if women are afraid to ring helplines, but numbers of reports are still increasing globally, how many more cases are happening that goes unreported.
Although we’re nearing the end of the UK’s nearly three-month lockdown, this wave of domestic violence the effects on the survivors will be long-lasting. Now, more than ever, we need to ensure that support services are available to them. The Circle has supported Glasgow and Clyde Rape Crisis with its new text helpline, in order to reach vulnerable women and girls who may not be able to speak on the phone. We have also made grants to Irise Uganda, to support them with their emergency relief and domestic violence prevention work.
Some general and specific advice for people living in the UK
England: The National Domestic Abuse Helpline is 0808 2000 247, available 24 hours a day 7 days a week. You can visit their website for more information.
England: The Respect phone line 0808 8024040 is open Monday to Friday 9am to 5pm. You can visit their website for more information.
Scotland: The Domestic Abuse and Forced Marriage Helpline is 0800 0271234 24, available 24 hours a day, 7 days a week. Visit their website here.
Northern Ireland: The 24-Hour Domestic and Sexual Abuse Helpline is 0808 8021414, available 24 hours a day, 7 days a week. More information here.
Wales: The Live Fear Free Helpline is 08088010800, available 24 hours a day, 7 days a week. They also have a website.
If you are a man experiencing domestic abuse call 0808 8010327 or visit their advice line.
You can make silent 999 calls to the police by waiting for the call handler to pick up making some kind of a cough or any sound at all and pressing 5,5.
The app can be disguised for people worried about partners checking their phones, provided support and information for victims.
Here are some precautions you can take to look out for each other:
If you are a postal worker, delivery driver, food delivery company or a carer who still visits houses, keep an eye out for any signs of abuse and to report any concerns to the police.
Neighbours should pay extra attention in hearing shouts, cries, or any noise that could be associated with violence. In case you suspect something bad is happening in a neighbouring house/flat please call the police.
We want to say a huge thank you to all of our supporters, members, allies and friends who have donated to our emergency appeal that we launched to respond to the additional challenges that the women and girls in our projects are facing during this crisis. Thanks to your efforts, we have been able to directly support marginalised women and girls across the globe. We have already made emergency grants to projects support projects in Uganda and Scotland.
Emergency Supplies in Uganda
We have provided funds to Irise International so that they can provide provision and protection to vulnerable women and child-led households in Uganda. Women, unable to leave their houses for fear of police brutality, are struggling to feed their children or access reproductive healthcare and contraception. Irise is working with local government to deliver essential supplies to vulnerable women including food, hand sanitiser, menstrual pads and educational materials.
After ten days of distribution, Irise have been able to reach a total of 398 vulnerable people in 93 households with 136 emergency relief packs.
This is Jess. She is 18 years old and is the sole carer for these children aged 3 and 5. She’s been working as a hairdresser, but like so many others, has been unable to work during lockdown and faces terrifying uncertainty. Irise have been able to deliver essential supplies to her and will ensure that she is able to cope over the coming weeks.
Irise are also using funds to ensure safeguarding within the community. They are working with the local government’s probation service to report and follow-up with vulnerable girls and young people. Cases include identifying three sisters aged 19-13 years old, who have been forced into prostitution to survive. Irise was able to provide them with vital supplies and will continue to work with the Gender Officer and District Office to safeguard these girls.
Survivor Services in Scotland
Across the UK, three million women experience some form of gender-based violence every year, but these numbers have risen dramatically as social isolation policies have left women and girls vulnerable to abuse. Estimates suggest that there will be 15 million additional cases of domestic violence every 3 months of lockdown globally. Glasgow and Clyde Rape Crisis provides free and confidential support to girls and women who have experienced rape, sexual assault and sexual violence. Due to the UK’s lockdown, the centre are unable to offer their drop-in service that is a lifeline for survivors. We have provided the centre with funds to increase website capacity and launch a dedicated text support service for survivors to access counselling and support. This service will allow the centre to respond to the needs of sexual violence who are not in a position to phone the counsellors. This service will provide vital support for at least 1,500 women and girls.
Supporting Garment Workers
With the money that our supporters have raised, we will be able to provide food and medical supplies to 500 garment workers in Bangladesh who have been left destitute. Supporting garment workers is crucial at this time. As soon as the Covid-19 pandemic hit the world, major garment companies responded by pushing risk and costs down the supply chain. Garment workers in countries such as Bangladesh, Cambodia, and Pakistan have been left without work with factories being forced to close due to dwindling orders. Many of these workers are migrant women. With historically low wages, making it impossible to accumulate savings, these workers are now struggling to pay for housing or essential supplies. We are working with partners to provide emergency relief packages containing food, protective masks and soap.
The need is only going to increase as some of the world’s poorest countries begin to feel the full force of Covid-19. We have long been there for the world’s most vulnerable women and we will continue to do so at this time of great emergency.
Marginalised people can become even more vulnerable in global health emergencies such as the current COVID-19 pandemic due to a number of factors including limited access to health services. Previous epidemics have illustrated that primary caregivers to the ill are predominately women and that women and girls experience increased risks of gender-based violence including sexual exploitation.
There are a number of factors that put women and girls at disproportionate risk in public health emergencies, including:
Women make up large parts of the health workforce;
Primary caregivers to the ill are predominately women. This caregiving burden is likely to cause their physical and mental health to suffer and impede their access to education, livelihood sources, and other critical support;
Women are more likely to be engaged in the informal sector and be hardest hit economically by COVID-19;
Women experience increased risks of gender-based violence, including sexual exploitation;
Cultural factors may exclude women from decision-making spaces and restrict their access to information on outbreaks and availability of services;
Women might experience interrupted access to sexual and reproductive health services, including to family planning;
In some cultural contexts, gender roles may dictate women cannot obtain health services independently or from male service providers.
Social isolation policies can also put a disproportionate pressure on women and girls due to:
Additional childcare responsibilities, that more commonly fall on women;
Women and girls who are in abusive relationships may be unable to leave a dangerous environment;
Services supported survivors of violence are unable to offer shelter or in person counselling sessions.
We are fully aware that there will be some disruptions to what we and our project partners want to accomplish over the coming months. However, both they and us are taking measures to ensure that our teams and the beneficiaries are supported in their work and that the risks are minimised as much as possible. It goes without saying how proud and inspired we are by the unending commitment, flexibility and drive that is being shown by everyone to ensure our impactful projects continue as best they can. Saying that, we want to keep you as informed as possible about this issue and what the impact may be on marginalised women and girls around the globe.
Violence Against Women and Girls
Public health, the economy, and women and girls’ safety and bodily autonomy are inextricably linked.
Social Development Direct, following a request from the UK Department for International Development, reviewed the evidence of how COVID-19 might impact on violence against women and girls and lessons learnt from recent epidemics.
Emerging evidence suggests that COVID-19 pandemic has the potential to increase the risks of:
Domestic violence, with police reports in China showing that domestic violence tripled during the epidemic.
Violence against healthcare workers, due to the serious stress that the pandemic places on patient, their relatives and other healthcare workers. Racial and sexual harassment (both online and offline), with anecdotal reports targeted sexualised attacks against women of East Asian appearance.
Abuse and exploitation of vulnerable women workers, including street-based sex workers and migrant domestic workers.
Sexual exploitation and violence by state officials and armed guards.
Nonceba Family Counselling Centre
South Africa has gone into lockdown in an attempt to avoid a “catastrophe of huge proportions” said the president. This is a difficult time for everyone, but services such as the Nonceba Family Counselling Centre are facing additional challenges. The Centre support a community where there is high-population density, a high level of overcrowding and poverty that makes it extremely difficult to self-isolate. Women and girls in Khayelitsha are already vulnerable to intimate partner violence, but the fear, tension and stress related to the COVID-19 outbreak will only intensify the risks they face.
In addition to this, most of the women in the shelter are HIV positive and rely on the Nonceba Centre for access to healthcare. With the additional pressure on healthcare services globally, the Centre is working to ensure the safety of all of the women and children using its services.
Image: Siyanda at The Nonceba Family Counselling Centre
“Access to support for women and children may also shrink further due to social isolation and those in poverty will be severely impacted.”
Glasgow and Clyde Rape Crisis are working to adapt and prepare for the potentially increased pressure on their services and also the restrictions on the services that they are able to offer. As a result of the crisis, they are currently unable to offer face-to-face support in any capacity and will therefore be running increased hours on their helpline. They can now be reached Monday to Friday, 11am to 4pm.
A Living Wage
Public health emergencies can have a tremendous, sustained impact on livelihoods. This can be particularly true for women, who are more likely to be engaged in informal or low-wage activities or migrant work. The global pandemic has caused chaos and suffering for millions of garment workers across the Global South. Many factories in garment-producing countries have closed due to a shortage of raw materials from China and cancelled orders from clothing brands across the world.
The Clean Clothes Campaign is asking brands to ensure that workers who contract the virus are allowed to take sick leave without repercussions and continue to receive wages throughout self-isolation. There have also been reports of garment workers being forced to work in cramped conditions, without protective wear, despite governments introducing social distancing policies across the globe.
Although our Living Wage Project will be able to continue remotely throughout this crisis, the women and girls that it is working to empower will be severely impacted by the short-term decisions being made by brands and retailers, not only for their own personal safety, but for their livelihoods in the long-term.
Image: A Female Garment Worker/Labour Behind the Label
The Marie Colvin Journalists’ Network
For the Marie Colvin Journalists’ Network, their preparations to respond to the impact of COVID-19 on both their members and their activities are still speculative at this stage. In the MENA region, there are comparatively few confirmed cases right now, but states have taken early-stage measures to prevent the spread of the virus including social distancing and curfews. However, the Network has over 130 local members in more than 15 countries across the region, so the impact will vary greatly.
The pandemic could result in a number of challenges for the local, female journalists in the Network including limited job opportunities and a greater demand for mental health support during this difficult time, which will be even more difficult to provide remotely.
However, the Network is working hard with donors and partner organisations to ensure that they can respond flexibly to the needs of their members as best as they can and to strengthen the capacity of their remote activities.
To support the Network and the journalists who are at the frontline, reporting stories of global importance from some of the most dangerous places in the world, head to their website.
It is clear that COVID-19 is continuing to spread throughout India, and at a rapidly accelerating rate. In addition, Maharashtra state is emerging as the epicentre for the pandemic in India.
Educate Girls reached out to us to inform us of the steps they are taking to ensure the safety of both their staff and the communities that they serve. They confirmed that the implications of this lockdown will be severe on the communities they work in, particularly on girls. This is because most of the communities are severely marginalised and zero mobility and loss of income streams will put immense pressure on families.
Not only have they created an internal task force and provided a helpline number to assister their field team members, but they have committed to additional financial support for employees and are working with contacts at the District level Government officials, village-based influencers and parents of out of school children to ensure there is no drop in their communication. Finally, they will continue to deliver trainings whilst all teams are working from home and hope that this will enable them to emerge improved and ready to deliver better.
Evidence suggests that during past public health emergencies, resources have been diverted from routine health care services toward containing and responding to the outbreak. These reallocations constrain already limited access to sexual and reproductive health (SRH) services, such as clean and safe deliveries, contraceptives, and pre- and post-natal health care. As a charity that exists to support vulnerable young people and their communities, our project partners Irise are enormously concerned about the impact COVID-19 is having and will continue to have on their community in East Africa.
“We know that our work is likely to be disrupted, and as one of our funders and partners, I wanted to assure you that we are putting in place a series of mitigation and adaptation plans as we learn more about the impact and scale of this pandemic.
We are worried about our staff. The majority of our team are women and face a disproportionate burden as primary caregivers to their children and wider families.
We are worried about the communities they serve who are struggling to access accurate health information and adequate healthcare.”
The organisation is running an emergency appeal to protect their staff and communities from COVID-19 and its impact. This special fund will be set aside to keep their staff and their families safe and enable them to access healthcare and other support over the coming week. This fund will ensure that every Irise member of staff’s income is secure and that they will get help to access healthcare if they need it, so that they can focus their energy on supporting families and communities during this difficult time.
Women are disproportionately affected by climate change as they are worse positioned in social, economic and political hierarchies. Women everywhere are less likely to influence decisions that affect their lives and women are more likely than men to be poor. While both men and women suffer in poverty and crises, gender discrimination means that women have far fewer resources to cope. They are likely to be the last to eat, the ones least likely to access healthcare, and are routinely trapped in time-consuming, unpaid domestic tasks. They are further disadvantaged due to lack of legal and land rights, which leaves them exposed to exploitation.
People with low income are overall more affected by crisis and the majority of the world’s poor are women. In rural areas, this can be because they depend on natural resources for food, water, and income, which are becoming increasingly scarce. Women are often the person responsible in the family for providing the resources to cook with, to use for heating, and for collecting water. Natural, local resources are disappearing and women in communities across the globe are required to walk further and further to get what they need.
Finally, women are more exposed to the negative impacts of disasters, such as sickness, injury, or even death, due to their lower socio-economic status, behavioural restrictions, and lesser access to information. In the past decades, these disasters have become more frequent and severe due to climate change.
While climate policies are yet to fully address the different impacts of climate change on different genders, there has been a shift towards implementing gender-sensitive climate policies to acknowledge the different needs of those affected and pave the way for climate action by, and for, women. Unlocking the capability of women is an important opportunity to creating and sustaining effective climate solutions.
Families often need to take their daughters out of school so they can help to make money, manage the household, or care for siblings. This creates developmental gaps in women’s lives that have several consequences, for instance, a lack of knowledge on climate change and ways to deal with its effects.
When families struggle to survive due to the climate crisis, for example, if crops were bad and couldn’t be harvested, or the village was flooded, families might end up marrying off their young daughters to alleviate the financial strain. About 12 million girls are thought to have been married off due to natural disasters and reports have shown that human trafficking rises in areas where the natural environment is under stress. Child marriages are also linked to early pregnancy, which in itself can be a threat to the mother and the baby, in addition to limiting a girl’s access to education.
First of all, we must protect and ensure girls’ education. It is the basis of affecting change across the board and a necessary element of a holistic solution. Not only it is every child’s right to receive an education, but this must be utilised to prepare children for the challenges associated with climate change and provide them with the resources to face these challenges. Through education, girls need to be supported to do the best they can and more, to be ambitious and to become leaders. Secondly, to empower women as agents of change and innovation rather than considering them purely as victims of climate change. If we support women into positions of leadership, climate policy, and decision making then we are enabling an environment for gender-sensitive environmental action to flourish. Despite women’s key role in climate action and coming up with effective solutions, they are still woefully underrepresented at the leadership level, particularly women of colour. We have to start by acknowledging the fact that women make decisions on climate change every day, that they are often responsible for childcare, purchasing decisions as consumers or influencing carbon emissions as farmers. The potential of women to transform their lives is unlimited – if they are given the opportunity to shine.
At The Circle, we aim to address the inequalities that women and girls face across the globe by empowering them directly and influencing change, policy systems, and processes. To find out more about our work click here.
This article was written by Anna Renfrew and Csenge Gábeli. Anna is the Project and Communications Officer at The Circle and Csenge is one of our volunteers. Csenge is a university student, a volunteer, and a feminist. She is originally from Hungary, but has started my university in London, which she loves.
Domestic violence, also known as intimate partner violence, is defined by the World Health Organisation as “behaviour by an intimate partner or ex-partner that causes physical, sexual or psychological harm, including physical aggression, sexual coercion, psychological abuse and controlling behaviours.” The continued absence of any domestic violence legislation in dozens of countries, including the African nations of Sudan and the Democratic Republic of Congo and Middle Eastern nations such as Iraq and Syria, can be attributed to a variety of social, cultural and religious factors that differ from country to country. The absence of vital legislation places devastating limits on the support offered to victims of domestic violence in these countries – victims do not have the option to report the crime to the police, to receive support or protection from the police, or to seek punishment for the perpetrator. Importantly, legislation also serves to send a symbolic message to a society that violence is not tolerated. The citizens of these countries suffer in the absence of condemnation of domestic violence from their government, and do not get the chance to benefit from the deterrent effect that laws provide.
Unsurprisingly, human rights organisations and international legal bodies have a lot to say on the global domestic violence epidemic and the critical nature of domestic violence legislation. The landmark United Nations treaty signed in 1979, The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), states that violence against women is a violation of the right to not be “subjected to torture or to cruel, inhuman or degrading treatment or punishment”. The right this refers to is Article 5 of the Universal Declaration of Human Rights, commonly regarded as a global benchmark for human rights standards. The CEDAW document explicitly outlaws violence against women, a group who form a significant proportion of the victims of domestic violence, and has been ratified by 189 states globally.
Violence against women and domestic violence more generally have also been the subject of several UN Resolutions over recent decades – another notable step in the right direction being the 1993 Declaration on the Elimination of Violence Against Women, which asserts not only that state actors should refrain from committing violent acts against women, but also that states should take active measures to prevent and punish acts of violence against women in both the public and private sphere.
Yet despite the importance of domestic violence legislation as endorsed by organisations such as the UN, the continued prevalence of domestic violence globally – including within many countries that have laws in place addressing the practice – makes it clear that our current laws simply aren’t enough.
A common issue affecting many states is that while some domestic violence laws are in place in that country, the legal scope of those laws are lacking, and/or law enforcement officers and other relevant bodies don’t fulfil their obligations to prevent and punish domestic violence as set out in their country’s legislation. One country for whom these issues are a reality is Tajikistan, the Central Asian nation that introduced laws regarding domestic violence for the first time in 2013. While this milestone led to positive progress in the area of violence prevention, such as awareness-raising campaigns and the hiring of more specially-trained police staff, reports from Tajikistan indicate that this progress is not nearly enough – domestic violence is vastly underreported in the country, but UN figures still estimate that at least 1 in 5 women and girls were victims of domestic abuse as of 2016. A recent report from Human Rights Watch, a leading international human rights charity, identifies the failure of the Tajik police officials to consistently fulfil their obligations to domestic violence victims, for example by refusing to properly investigate claims of domestic violence, as one factor behind this epidemic. The report also highlights the ineffectiveness of the Tajik law itself, pointing out that the 2013 law doesn’t go as far as to actually criminalise domestic violence but merely makes provisions regarding it. Having ratified CEDAW in 1993, Tajikistan is legally obligated to protect women and girls from domestic violence and to punish perpetrators of such violence – but the Tajik government is continually failing to meet these obligations.
Laws around the world in their current state often let victims down, and in any case legalisation alone isn’t sufficient to protect victims of domestic violence if it is not properly enforced or accompanied by progressions in societal views. Despite this, legislation is still a necessary first step to improving the outlook for domestic violence victims globally. Change in societal attitudes towards domestic violence often occurs before changes in law, but it is only legislation that can formally enshrine the support, protection and punishments associated with domestic violence, which in turn provide a deterrent to potential perpetrators. The causal effect can also flow in the opposite direction, with changes in legislation often accelerating developments in societal attitudes by sending a strong message from the state that certain behaviours are morally unacceptable. Whichever comes first, societal change or legal change, it’s clear from the data that laws make a difference – the average rate of domestic violence in countries with domestic violence laws is 10.8%, compared to 16.7% in countries without such laws. To make significant progress in tackling domestic violence as a global community, a key step is working to reform legal systems wherever possible rather than operating in spite of them.
While the progress still needed to ensure appropriate criminalisation of domestic violence around the world can be daunting, we cannot forget the array of positive legal developments that have occurred in recent years. In the last decade, 47 economies have introduced new laws on domestic violence, bringing the total number of countries with some form of domestic violence laws to over 140. Scotland saw the introduction of a transformative new law this summer, criminalising psychological, financial and sexual abuse with a maximum sentence of 14 years imprisonment. In August this year, Italy also welcomed a new law designed to fast-track the investigation of domestic violence reports, which saw a significant increase in the number of reported cases in the first month alone. These new laws, amongst many others, have been to the benefit of survivors and potential victims of domestic violence across the globe. They show us that the goal of providing adequate protection against domestic violence is a constant and ongoing process, and they provide inspiration for other countries looking for ways to refine and improve the robustness of their domestic violence legislation.
We are entering a new decade, with the target of achieving the UN Global Goals by 2030 within our sights. This importantly includes Goal 5, aimed at achieving gender equality and empowering all women and girls. As a global community in pursuit of this Goal, we can only hope that the legal standpoint of governments around the world continues to improve in the coming decade, and adequate justice and protection can be given to domestic violence victims globally.
This article was written by Holly. Holly is 23 years old from Hastings, England. Since graduating with a degree in Politics & Economics in 2018 she has worked and volunteered in Africa and Asia, and is currently living in China. Her interests include human rights, international security and development.
Over the past few weeks, there has been a lot of press concerning the experience of victim-survivors reporting instances of sexual assault in the UK as organisations attempt to shine a light on the monumental and often fruitless task of taking to trial crimes of rape and sexual assault. There is little chance of the perpetrator being brought to justice, and time and time again women have described how traumatic navigating this system can be. Of course, there are many who have found closure through this process and have had positive experiences with the police and legal professionals. Last week Cosmopolitan published the article What really happens when you report a rape detailing the experiences of 15 people across the UK, including the testimony of one woman who stated that “I think reporting this crime and going through the justice system has really aided my recovery and I am so pleased that I did it” after her perpetrator received a nine year sentence. However, for many women this is not the case.
Repeatedly, victim-survivors have described instances of inadequate communication from officials, concerns for their personal safety and perceptions of the system being weighed in favour of the accused all as challenges in their own justice journeys. The majority of rapes and sexual assaults are not reported to the authorities as the legal process can be a lengthy and daunting one. However, systemic failures to reporting victims are at the heart of such low confidence in the current system as one that fairly and adequately represents the interests of women taking the brave step to report.
The End Violence Against Women Coalition, one of the projects funded by The Circle’s Chai Day initiative, is in the process of taking the Crown Prosecution Service to court over the ‘catastrophic’ drop in rape prosecutions (down by 44% since 2014) whilst the increase in the number of rapes reported to the police is up by 173%. The lobbying organisation ‘have heard from many women who have decided to report rape to the police; have endured what can be very gruelling questioning and possibly medical examinations; have had to sacrifice their phone, computer and personal records; endure an agonising wait; to then be told that the case has been dropped’ whilst the Guardian reported last year that a training session at the CPS encouraged prosecutors to take the ‘weak cases out of the system’ to improve its conviction rate.
A culture that discourages victims from speaking up to report their abuse is not one that supports its most vulnerable. Global Feminism is a movement designed to highlight the rampant inequalities across the globe that women and girls still face, drawing attention and encouraging action to the abuses suffered by women globally.
For the International Day for the Elimination of Violence Against Women, The Circle wanted to examine the process of reporting for victim-survivors around the world and the enforcement of women’s right to be free from harm through The Circle’s projects providing front-line services to victims of violence. Despite the increased our exposure and awareness of the issue of sexual violence in the aftermath of the #MeToo and #TimesUp movements, victims of rape and sexual assault are still being victimised and consistently let down by the criminal justice system.
We see victim-survivors being discouraged at every stage of the process, impeding their access to justice. It is clear that negative attitudes and prejudices are influencing the way that woman are treated in the judiciary system resulting in not only a woefully low number of convictions but also a prevalence of shame placed on the victim.
The Circle supports the Nonceba Family Counselling Centre in South Africa, located in Khayelitsha, a township just outside Cape Town. For years, unemployment and crime rates have been high, particularly around violence against women and children with little services and support for the victims. The centre has a shelter for women who have survived domestic violence or have been victims of human trafficking. Most women in the shelter are HIV positive, are struggling to access healthcare and have received limited education and training.
Violence against women is the most common form of human rights violation in India. Shame, stigma and a lack of support from the police and legal system prevent many women from reporting domestic violence and seeking help.
Whilst there is a level of shame ascribed to victims of sexual assault in India, for those who do come forward and choose to make an allegation to the police the process can result in further shaming and dismissive responses.
“The doctor said to my daughter ‘If they had forced themselves on you, there should have been marks on your body – but you don’t have any. You must have done this of your own free will.” – Palak’s mother, Palak (name changed to protect her identity), a Dalit woman, was 18 when she reported being kidnapped and raped in Madhya Pradesh, in June 2013.
Human Rights Watch also found that police were often reluctant to file allegations, particularly for victims from a socially and economically marginalised community. Citing that ‘police sometimes pressure the victim’s family to “settle” or “compromise”’. Often, Dalit or other “low-caste” families are encouraged to drop their case if the perpetrator is of a higher caste.
One of the projects funded by last year’s Chai Day was a number of survivor centres in rural communities of Chhattisgrah and Odisha to challenge the social acceptance of sexual and domestic violence against women. In Chhattisgarh, there has been State-Level Consultation on the State Gender Equality Policy, which had not been revisited for more than a decade. Projects and community building like this are essential to support victim-survivors who feel they are unable to approach or are refused help by the police.
Bina and her son were offered counselling and legal support.
ACT Alberta is an anti-trafficking organization in Canada working collaboratively law enforcement, government agencies and non-governmental organisations to identify and respond to human trafficking in Alberta. One of their primary operations is providing victim support services for victims of sexual trafficking, in which they delivery trauma recovery, improve access to the justice system and obstacles within that system for victims. It is important to note here that the service receives funding from the Canadian government for those victims who are willing to go through the judiciary system, however, as we have seen in previous countries, women often feel that this isn’t an option, particularly those from marginalized communities and those whose immigration status may be at risk. Victims who do not have permanent right to live in Canada are often wary of approaching the police for concern that they will be deported, believing that their current situation is preferable to returning to their country of birth.
In cases across the world, even those women and girls who come forward are being dismissed and let down.
Tina Fontaine’s great-aunt, Thelma Favel showing a photo of the girl. Photo credit: Aaron Vincent Elkaim for The New York Times.
Across the globe, attitudes towards victims of rape and a prevailing tolerance for rape and serious sexual assault is resulting in a lack of justice for victim-survivors. Women are reluctant to come forward and when they do, their experiences can be traumatic. Front-line services delivered by our Chai Day projects are so important because the judiciary system is failing women who make the brave decision to come forward and report rape and serious sexual assault.
It falls on projects like Rape Crisis, ACT Alberta and the Nonceba Centre to fill the gaps in services that the judiciary system is failing to provide, to support victim-survivors through their navigation of the criminal justice system and ensure that their rights are being observed. These organisations are woefully underfunded and often receive incredibly limited or no funding from the government.
“I guess, the, kind of, base point for all of that was [local] Rape Crisis believed me. They never questioned me. They never challenged it. They’ve never said, well I don’t know, when the police seem to think different. They’ve always believed me and they have gone from that perspective, and so I knew I could trust them. And that trust has, you know, built and remained … they worked at putting, sort of, coping mechanisms in place for when I couldn’t manage” – Rebecca
Chai Day is about gathering together with friends, family or colleagues to raise funds to support survivors of gender-based violence. November 25, the International Day for the Elimination of Violence Against Women, and the sixteen days that follow is your chance to host a Chai Day.
This article was written by Anna Renfrew. Anna is The Circle’s Projects and Communications Officer and has been heading up preparations for our Chai Day campaign. She has written a number of articles for The Circle, taking a particular interest in the global issue of violence against women.
Filmed in Cape Town’s notorious Lavender Hill, Waves explores the perspective of three young girls as they grow up together in South Africa. We spoke to Jessie Ayles about this incredible project and the issue of gender-based violence.
Can you tell us a little bit about yourself and your work?
I’m a documentary filmmaker based in London – I’ve always been motivated by imbalances or injustices in the world, and try to pursue projects that reflect on these types of issues to create an impact or some form of change or conversation.
Why did you decide to focus on the issue of gender-based violence for your project?
Women, in all walks of life, often draw the short straw, whether you’re looking at gaps in wages, structures of society, education or more urgent matters like gender based violence. Women in these communities, as we know, suffer huge amounts of gender based violence and attacks, there is still a very strong patriarchy in these communities that place young girls at the bottom of the ‘food chain’ – I was interested in exploring the feelings of young girls there, to translate their point of view, and their own experiences so that people would really be able to empathise and understand the extent that this affects a life.
One of The Circle’s EVAWG projects is located in South Africa, but violence against women is a global issue, why did you decide to focus on this country and community in particular?
My parents are South African and I have dual citizenship, but I actually grew up in London, so i’ve always had a connection to South Africa and interest to understand the country and its complexities.
I think what also really motivated me to work with this community is that most South African’s ordinarily would never really enter these communities due to fear of crime, and in turn never really understand what life is like for the most vulnerable there. It’s a country largely still divided by wealth, and I wanted to create something that would offer an insight from marginalised voices we ordinarily wouldn’t be able to get access to, especially as young girls, and break down these barriers.
What was the experience of filming on such a difficult subject? Particularly with such young women.
I was lucky to be able to really take my time making this film, I spent a lot time just getting to know the girls at surf lessons, and listening, so by the time we started filming we just felt like friends hanging out. I think this really helped them feel comfortable with me, and also meant the filming days were never too intense. It was difficult and shocking for me to hear how these girls felt, but to be honest, for them, I think this type of violence had become quite normal that they were almost used to talking about it.
There was another aspect to filming, and that was that I was able to offer the girls a voice – I think that they felt special by being a part of the film, that their story and feelings were important.
So, despite the subject matter of the film being so sensitive, the girls were at the end of the day still just young girls, they loved getting extra time surfing, playing, laughing, going on trips with me that they normally wouldn’t be able to get access to – and I really loved that experience too.
The film is incredibly beautiful and moving, what did you find most challenging about the process?
I think the biggest challenge with this film, and filming in the community was safety and access. The area that the girls live in is Lavender Hill, it’s notorious in Cape Town for gang violence and crime, it’s really not a safe area to drive in, you roll the dice every time you enter. This being said, I couldn’t get any funding to make this film so wasn’t able to hire security or special transportation. So that was very limiting, we would have to work out which days and times would be less of a risk to go into the community and set our self time limits filming on the streets etc I think we got everything we needed for the film, but I would have loved to embed myself a little more into their daily home life if the limitations weren’t there.
The Circle is an organisation of women empowering women. Is that motivation something that you feel plays a role in your work?
Yes definitely. I think I spent quite a long time not really honing in on what I care most about – I was making a documentary about a Burmese guerilla fighter about 5 years ago, someone who had rebelled against the Burmese military and gone into exile in Chiang Mai, he had given up everything for what he believed in. He kept on asking me why I was interested in making a film about him, he couldn’t quite understand – I told him it was because he was fascinating, but he was still confused, he kept on telling me ‘Jessie, you’ve got to find your people’. At the time it didn’t register, I just thought ‘What people…I don’t have the same sort of authoritarian government to overthrow like you did, ’. But then it clicked, by highlighting women’s stories and voices – whose injustices I can personally relate to – I feel more like I have found ‘my people’ to fight for.
What would you encourage those watching the film to do in order to support women and girls across the globe who are survivors of gender-based violence?
The scale of this issue is so large that it can feel a little daunting sometimes at where to start or what can be done to help. But in my experience working with NGOs on the ground, I see how much of a difference these organisations can make to someone’s life. The surfing that offers these girls an outlet in the film was organised by an NGO called Waves for Change – a small thing like a surfing lesson once a week can make all the difference to someones life – it can give them that breath of air they need or support to keep going.
So my advice would be to do some research on NGOs, like The Circle’s EVAWG projects, and donate whatever you can to help keep them going. You could also volunteer at NGOs if you live near one that’s making a difference to women’s lives, or even keep spreading the message and raising awareness to keep the conversation going.
What is the situation in South Africa like now?
Unfortunately since the filming of Waves the situation in South Africa has become even more volatile for women. A spate of recent sexual assaults, murders and kidnappings of young girls and women caused outrage and saw country-wide protests – demanding the government to effectively tackle the issue. While some policies have been amended, like the retraction of bail for rape suspects, there is still a huge space for work needed to help support victims, prevent violence and create gender equality and awareness. This is why I believe NGOs are so important right now for those South Africans who have to live through this on a daily basis.
You can watch Jessie’s award-winning short film here:
One of our Chai Day projects is located in Khayelitsha, a township just outside Cape Town. Khayelitsha is the largest township in the Western Cape province and has a high level of overcrowding and poverty. For years, unemployment and crime rates have been high, particularly around violence against women and children with little services and support for the victims. The Nonceba Family Counselling Centre offers survivors offers a place to stay, individual and family counselling, legal support, access to healthcare, educational programmes and victim empowerment groups. Find out more about hosting a Chai Day to support women and girls across the globe here.
Jessie is a South African and British filmmaker. Her work shines a light on female-centred stories and marginalised voices, bringing a cinematic and fresh perspective to socially conscious stories. She studied Film & Literature at Warwick University, then went onto a Masters in Screen Documentary at Goldsmiths University where she won a One World Media Bursary.
Jessie’s interest in impact and stories that highlight morals or human rights, with her distinctive style, led her to work with the social impact arm of many brands and NGOs, creating poignant film campaigns for clients such as Nike, Google, M&C Saatchi & Always.
Rarely does a moment occur when, as an activist, I sense that seismic change might be in the air. This week will be one of those moments. I’m writing to say that we must seize it.
“I have spent years campaigning on social justice issues concerning the rights of women and girls. I feel driven by the conviction that it is essential to try, with the hope that with collective effort, things can be improved — while motivated by a combination of outrage and empathy .
But rarely does a moment occur when, as an activist, I sense that seismic change might be in the air. This week will be one of those moments. I’m writing to say that we must seize it.”
Annie Lennox calls on governments to take action against sexual harassment and violence in the workplace. You can read the full article here: Annies Lennox Times article 20 June