In January 2023, groundbreaking, long-awaited anti-violence law entered into force, as we wrote about extensive in our report. However, there is simply a serious problem with the naming utilized here, which does not correspond to any statistical data or even the guidelines of the European Union, and for that it confirms harmful stereotypes. “Violence in the family” is not the same as “domestic violence” – which is much, much more frequent.
Incoherent and hurting household legal terminology
Although the website of the Ministry of Justice in its communication on the fresh anti-violence act 2.0 (signed by the president of the Republic of Poland in January 2023) consistently uses the word "domestic violence", the text of the law itself uses the unusual word "violence in the family". Unfortunately, this word has long traditions in the Polish legal system. The current Act of 13 January 2023 amending the Act – the Code of civilian Procedure and certain another laws – overwrites, among others, "Act of 29 July 2005 on the prevention of household violence‘. However, how does the household specify the basic act for this area? In accordance with Article 2(2) of the said Act, household force means harm to persons surviving or managing together and those closest to them within the meaning of Article 115(11) of the Criminal Code (i.e. "The closest individual is the spouse, the introductory, descendent, siblings, related in the same line or degree, the individual remaining in the adoption relation and his or her spouse, as well as the individual remaining in the common life‘. This definition of “family” does not necessarily mean a household based on a legally contracted marriage, but besides suggests concubinets, groups of friends and acquaintances, or monosexual relationships. So why is Polish law so inconsistent? The European Union's papers are more unambiguous in this respect. The word is utilized here. Domestic violence (i.e. home violence), not family violence (family violence). For example, Directive of the European Parliament and of the Council on combating force against women and home violence‘ of 8.03.2022 (2022/0066 (COD). In addition, Opinions of the Bureau of Sejm Analysis This paper besides consistently uses the word "domestic violence". The directive carries another dangers, but does not place a natural stereotype of force on the family.
The statistic say otherwise.
This is an example of statistical data that contradict the word "Family violenceIt’s okay. ” ‘Violence from another household associate was most commonly spoken by women who were divorced or separated (80%), or who were surviving in a concubine (55%), the least singles (36%) and married (35%).“ – concludes 2010 TNS OBOP Foundation. The statistic of the EU FRA agency for Poland besides clearly show that erstwhile it comes to force against women, the perpetrators are usually erstwhile partners or non-partners – and this is actual in most EU countries (FRA report: "Violence against woman: an UE-wide survey’ 2015, Tab.2.1. p.28, FRA – to the European Union Agency for Fundamental Rights). The consequences of specified a definition truly go far
In October 2018, the "She and On" Institute, as part of a public consultation for the study on the implementation of the National Programme against force in the household for the period 2014-2020 for the period from 1 January to 31 December 2017 (project dated 9 August 2018), made the following remark, which was not taken into account:
‘The word “family violence” implies erroneously that the household is pathologically and denies statistics, most cases of force happen in informal relationships and concubinets, not in families (cf. FMIT data and Police data)’. ‘Neither the study nor the diagnosis carried out by an external institution examines or analyses the relation between the relationship. Nevertheless, the name of the program unreasonably suggests that it is the household that is the origin of violence, perpetuating negative associations and stereotypes in public consciousness, that the household itself is simply a threat. Worse still, specified defective naming is then duplicated by all institutions and industries, specified as: ministries (at least a few), Government Plenipotentiary for Equal Treatment, Regional and Lower Level Local Governments, Schools, Curators, household Curators, Various Teams and Working Groups, Psychologists, Pedalologists or Teachers, Crisis Intervention Centres, Advice, Support Centres, Courts, Prosecutors, Educational and wellness System, Youth, Police. Everyone suggests that the household by definition is the origin of violence.” – continues ‘She and On’ Institute. Indeed, the word “family violence” can be found on the website Ministry of household and Social Policy, in the name of ‘National Programme against force in the household for 2022’ and another ministerial regulations, in the preparation of the Centre for the improvement of Education at the Ministry of Education and discipline ("Legal aspects of home violence" 2015), in a study entitled “Legal aspects of anti-violence in the family” published under the auspices of the State Alcohol Troubleshooting Agency (PARPA), the National wellness Programme and the Polish intellectual Society, or e.g. on the website City household Assistance Centre in Szczecin and e.g. Police Quarterly. The Blue Line issues specialist certificates for helping victims of home violence, the same name is reproduced by local interdisciplinary problem teams (ibid.).
Fish breaks from the head
The fish breaks down from the head and the terminology utilized in the laws is then duplicated and distributed by subsequent executive or opinion-making bodies or only supportive ones. Thus, through Poland, an unfair fama goes, that the household is exposed (open?) to violence. Although we have an increasingly better law protecting victims of violence, and have done here, like a nation of a immense leap of civilization, including besides changing the social mentality towards a deficiency of consent or indifference to force (cf. the following figures on the number of talks in the Blue Line), we are inactive waiting for this essential breakthrough in the field of language. For the record, Poland has the lowest statistic in the European Union on force against women, What we wrote before, although surely the pandemic has had its toll in Polish homes.
Blue Line diagram https://www.bluescale.info/index.php/research-and-analysis
