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MPs raise concerns over domestic abuse bill for failing to protect Northern Irish or migrant women

‘It seems that in the government’s eyes, some lives matter more than others,’ says women’s rights manager at Amnesty UK

Maya Oppenheim
Women's Correspondent
Friday 12 April 2019 18:13 BST
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The Joint Committee on Human Rights has hit out at the landmark legislation in a letter to the government
The Joint Committee on Human Rights has hit out at the landmark legislation in a letter to the government (Getty/iStock)

The draft domestic abuse bill fails to offer protection for women in Northern Ireland and tackle particular issues migrant women across the UK are facing, MPs have warned.

The landmark legislation introduces the first ever statutory definition of domestic abuse to include economic abuse and controlling and manipulative behaviour that is not physical.

But the Joint Committee on Human Rights has hit out at the landmark legislation in a letter to the government – raising alarm bells the bill does not currently meet the requirements of a pan-European convention tackling violence against women.

The Istanbul Convention is the most comprehensive legal framework that exists to tackle violence against women and girls, covering domestic violence, rape, sexual assault, female genital mutilation, honour-based violence and forced marriage.

Former prime minister David Cameron signed the convention in 2012 but it still has not been ratified almost seven years later – meaning it is currently in limbo and the UK is not legally bound to follow it.

The UK is one of the last EU members – along with Bulgaria, Hungary and a handful of others – to ratify the convention. Turkey, Albania, Serbia and Romania are among the 33 countries that have ratified it.

Amnesty International welcomed the Joint Committee on Human Rights’ letter and called for the UK to “urgently ratify” the Istanbul Convention and ensure the domestic bill offers “equal protection for all women”.

Chiara Capraro, women’s rights manager at Amnesty UK, said: “This letter sheds important light on the unequal treatment of women across the UK.

“The current bill neglects both women in Northern Ireland and migrant women. It seems that in the government’s eyes, some lives matter more than others.

“This bill is intended as a final step towards the UK ratifying the Istanbul Convention, but in its current form it not only falls short of the convention’s requirements but risks dividing women into those who count and those who don’t.”

MPs from a range of political parties, campaigners and academics have been calling for the government to extend the domestic abuse bill to Northern Ireland. There had been plans for an amendment to the domestic abuse bill, with the aim of liberalising abortion laws in Northern Ireland, which has a ban on abortions in almost all cases – even rape or incest. However, the bill was published with provisions only for England and Wales.

Grainne Teggart, Amnesty’s Northern Ireland campaign manager, argued that the ultimate responsibility for implementing abortion reform rested with Westminster rather than the Democratic Unionist Party (DUP).

She added: “We have seen time and time again the secretary of state for Northern Ireland hide behind the excuse of devolution but she has taken action on other issues.

“It is all eyes on the UK government and their neglect of women in Northern Ireland. There is no barrier legally or constitutionally for the UK government legislating for abortion reform. Are they going to stand by women in Northern Ireland or not? We can’t see our rights sacrificed for political expediency.

“The DUP has consistently resisted change on abortion – even when very limited changes to the law were being considered allowing women abortion in cases of fatal foetal abnormalities, they obstructed change. They are anti-abortion even in cases of rape and incest.”

Ms Teggart said Amnesty commissioned research which found the DUP electorate favour liberalising of abortion laws – including support for decriminalisation.

“The DUP do not represent their own voters on this matter. The relationship they now have with the Conservative Party compromises progress that we arguably otherwise would have had by now,” she added.

Ms Teggart noted that domestic abuse victims who fall pregnant in Northern Ireland struggle to travel to England and Wales for an abortion due to not being able to escape abusive partners. They can then be forced to buy abortion pills illegally online and risk prosecution, she added.

Twelve abortions were carried out in Northern Ireland last year, official statistics show. Amnesty International is calling for liberalisation of the stringent rules – saying more than 900 women travelled to England and Wales for the procedure during the same period.

Campaigners have also warned the domestic abuse bill will not protect migrant women whose immigration status is being used as a “weapon to abuse”.

While guidance is already in place for police forces to support domestic violence victims, they often share data with the Home Office. As a result, the victims can be treated as suspects by immigration officials – something the new legislation fails to address by ensuring they could access support services such as refuges.

Instead, the government suggests some victims of domestic abuse “may be best served by returning to their country of origin and, where it is available, to the support of their family and friends”.

Amnesty is part of the Step Up Migrant Women coalition, led by the Latin American Women’s Rights Service, which is working to ensure equal protection for migrant, refugee and Bame women survivors of domestic abuse who find it nearly impossible to seek protection due to restrictions on access to refuges, and for fear that reporting violence to the police could result in either detention or deportation.

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