Conceptualising Domestic Violence within the Scope of United Nations Convention Against Torture
| Author | Neha Singhal |
| Published date | 01 August 2015 |
| Date | 01 August 2015 |
| DOI | http://doi.org/10.1177/2277401720150111 |
CONCEPTUALISING DOMESTIC VIOLENCE
WITHIN THE SCOPE OF UNITED NATIONS
CONVENTION AGAINST TORTURE
Neha Singhal
*
This article makes an argument for considering dom estic violence as
torture. Describing and analysing the harm and suffering inflicted
on a victim of domestic violence by the abuser, the article argues
that all the elements of torture, as defined by the United Nations
Convention Against Torture are satisfied. It argues that recognising
domestic violence as torture puts an obligation on State Parties to
take certain steps, which would lead to effective remedies being
available to prevent, stop, and punish acts of domestic violence.
This will lead to both the domestic and international community
effectively responding to complaints of domestic violence, rather
than ignoring them. The article further argues that labelling is as
an exercise of political power and control, which will breach the
public-private divide that domestic violence victims often face.
I. Introduction: What is Domestic Violence?
Domestic violence is violence that occurs within the private sphere,
usually between individuals who are related through intimacy, blood or
law.1 As defined by UNICEF, domestic violence may be manifested through
physical abuse,such as slapping, beating, threats with an object or weapon,
etc; sexual abuse, such as coerced sex through threats, intimidation or physical
force, etc; psychological abuse, which includes threats of abandonment or
abuse, confinement to the home, surveillance, threats to take away custody
of the children, verbal aggression and humiliation; economic abuse, such as
the denial of funds, refusal to contribute financially, etc. or a combination
thereof.2
* Research Associate, National Law University, Delhi.
1 ‘Report of the Special Rapporteur on Violence Against Women, its Causes and
Consequences’ UN Economic and Social Council (1996) UN Doc E/CN.4/1996/53.
2 ‘Domestic Violence Against Women and Girls’ UNICEF Innocenti Digest No 6 (June
2000).
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