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From « domestic violence» to «violence in close relationships» Prague, 24th November 2015

This article explores the journey of Selvhjelp for innvandrere og flyktninger (SEIF) in combating domestic violence and promoting safety for immigrants and refugees. It highlights key milestones, legal changes, and initiatives taken to prevent domestic violence and provide assistance to victims. The article also discusses the complex issue of violence in close relationships and the efforts made to address it effectively. The role of the police authorities and the challenges faced by immigrant women in seeking justice and support are also examined.

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From « domestic violence» to «violence in close relationships» Prague, 24th November 2015

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  1. Selvhjelp for innvandrere og flyktningerSEIF From «domestic violence» to «violence in close relationships» Prague, 24th November 2015 Selvhjelp for innvandrere og flyktninger

  2. The battle of the pioneers By Gerd Fleischer, Head of SEIF: 1979 – Establishment of the first shelter for battered women in «Domestic disturbance». 1982 – The first two cases of compensation for female victims of domestic violence were granted. The two victims were assisted by lawyers through free legal aid and the shelter in Oslo. 1984 – Circular from the Ministry of Justice about the possibility for foreign women to obtain a new residence permit after breaking out of a violent marriage, before having been granted a permanent residence permit. 1990 – Possibility to obtain residence permit after breaking out of a violent marriage, now stipulated in the Regulations to the Immigration Act...

  3. ... A couple of years later, after mobilizing some female politicians at the Parliament, this article changed from being a possibility to become a right to obtain new residence permit. Nov. 1998 – After bringing the issue to politicians and the public in general, we got the first Plan of Action to combat forced marriages. The term «honour related violence» was put in the agenda for the first time, through assistance to the youngsters (children of 1. generation immigrants and refugees). 2000 – 2010A change in terminology from «violence against women» til «violence in close relationships» Oct. 2010 – Establishment of shelters also for battered men.

  4. A long step forward, but not there yetBy Belinda de León, Project Manager of SEIF Plan of Action to combat violence in close relationships 2014 – 2017: A Life Without Violence. Coordinated by the Norwegian Ministry of Justice, five other ministries involved: Ministry of Health and Care Services, Ministry of Children, Equality and Social Inclusion, Ministry of Education and Research, Ministry of Labour and Social Affairs and Ministry of Local Government and Modernisation. Focus on the following actions: -Prevention -Knowlegde and competence -Measures related to assistance and treatment -Criminal prosecution -Colaboration and coordination

  5. Assistance and treatment: • Children´s houses – a coordinated inter-disciplinary measure for children and youth that have experienced sexual abuse and violence. • Shelters for women, men and children, legalized by law 01.10.2010. • Specific measures in healthcare. • Assistance and treatment to perpetrators.

  6. Criminal prosecution: Section 282 and 283 in the Norwegian Civil Penal Code – draws attention to the complexity of this issue and on the fact that violence affects individuals in different relationships, not only women: Section 282: «Any person who by threats, duress, deprivation of liberty, violence or any other wrong grossly or repeatedly maltreats a) his or her former or present spouse, b) his or her former or present spouse´s kin in direct line of descent, c) his or her kin in direct line of ascent, d) any person in his or her household, or e) any person in his or her care shall be liable to imprisonment for a term not exceeding six years.» Section 283: Gross maltreatment in close relationships shall be punishable for a term not exceeding 15 years. In deciding whether the maltreatment is gross, particular importance shall be attached to whether the aggrieved person sustains considerable harm or dies, and a) whether the violence has endured for a long time, b) whether it has been particularly harmful, or has caused considerable harm, or c) whether it has been committed against a defenceless person.

  7. The role of the police authorities: • Police measures: mobile security alarms, secret address, new name, restraining and contact order, new identity. • New law 01.02.13: electronic control of perpetrators. • Police officers specialized in domestic violence – team coordinators in every police district. • SARA (Spousal Assault Risk Assessment Guide) – an important working tool for the police. • Free legal aid throughout the entire process. • Different options of compensation and reparation, no alimony.

  8. § 282 - 283 cases: are the final decisions in favor of the victims? - Dismissal due to the lack of evidence. - Difficult for the victims to document repetitive violence («part of a pattern of actions», § 53 in the Immigration Act) and psychological abuse. - Long procedures – a big and long strain for the victims.

  9. Immigrant women – Immigrant Act section 53 Residence permit on an independent basis following the breakdown of marriage or cohabitation. Section 53: A foreign national who holds a residence permit under section 40 or section 41 shall upon application be granted a new residence permit on an independent basis if: (a) cohabitation has ceased on account of the sponsor’s death, unless particular reasons argue against doing so, or (b) cohabitation has ceased, and there is reason to assume that the foreign national or any children have been abused during the cohabitation relationship. A new residence permit on an independent basis may upon application also be granted to a foreign national who has a residence permit under sections 40 or 41, if the foreign national as a result of the breakdown of the marriage or cohabitation will have unreasonable difficulties in his or her country of origin on account of the social or cultural conditions there.

  10. Substantiation of abuse – «part of a pattern of actions» - Applications on residence permit on independent basis often denied with the following argument: «disagreements or different opinions due to cultural differences ...» or «it was an isolated incident...». - Immigration authorities´ lack of a fundamental knowlegde and interpretation of what violence really means and the consequences for the victims. Colaboration and coordination – a comprehensive offer of assistance Ex. «Project November»

  11. Conclusive thoughts Approximately 10% of the female population victims of violence in closed relationships. During the last 10 years 63 women were killed by their current or previous partner. 60-70% of the women at Norwegian shelters are minority women. No specific measures in the Plan of Action towards this group of women. Main challenges: quality of the services, colaboration and coordination within and between the public offices that offer help and assistance. Taboo and shame – how to overcome these attitudes that prevent victims from seeking help, pressing charges, etc. Still a long way to go... Selvhjelp for innvandrere og flyktninger SEIF

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