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THE CONTENT AND ETHICAL AND LEGAL BASIS OF THE
CONCEPTS OF HARASSMENT AND VIOLENCE
Rahmonova B. Feruza
Researcher of Fergana State University
e-mail: alfargoniy.uz@gmail.com
ORCID: https://orcid.org/0009-0002-1770-2642
https://doi.org/10.5281/zenodo.12770539
Abstract:
this article analyzes the essence, classification, social and
moral-legal foundations of the concepts of oppression and violence.
Key words:
gender equality, oppression, violence, stalking, physical
violence, mental violence, cyber violence, family violence, social stereotypes.
Today, prevention of violence against women is one of the most important
and urgent problems. In the new Uzbekistan, the issues of expanding the rights
and opportunities of women and protecting women from any oppression and
violence are defined as one of the priorities of the state policy. Therefore, it is
one of the important tasks before us to put an end to the acts of violence alien to
our people, to protect our women from all kinds of oppression.
First of all, it would be appropriate to clarify the essence, classification,
social and moral-legal foundations of the concepts of oppression and violence.
Harassment means an action (inaction), harassment, harassment, which is
not subject to administrative or criminal responsibility, which degrades the
honor and dignity of women.
Violence is an illegal violation of women's life, health, sexual integrity,
honor, dignity, and other rights and freedoms protected by law by exerting
physical, mental, sexual, or economic influence on women or threatening to use
such influence measures. means action (inaction).
Stalking - is carried out against the will of the victim, despite his resistance
or warning two or more times, when searching for the victim, communicating
with him orally, by means of telecommunication networks, including the
Internet, or by using other methods. refers to the actions expressed when going
to his place of work, study and (or) residence and causing concern for the
victim's safety [1].
"Discrimination" means any distinction, exclusion, limitation or
acceptance of a person on the basis of race, gender, language, religion or other
grounds, as a result of which a person's rights are violated or their realization is
made difficult. Unequal treatment in a situation where there are equal
conditions is discrimination. According to the European Court, discrimination is
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a different treatment of a person or a group of persons in the same situation.
However, being treated differently is not always discrimination. If there is no
legitimate purpose justifying different treatment, or if the application of
different treatment is not in accordance with such objective, rational purpose - it
is discrimination.
In the national legislation of all countries in the world, special importance
is attached to ensuring human rights and freedoms, in particular to protecting
the life, health, honor and dignity of a person from various criminal attacks. The
Universal Declaration of Human Rights recognizes that "recognition of the
inherent dignity and equal, inalienable rights of all members of the human
family is the basis of freedom, justice and universal peace"[2]. Therefore, the
promotion of human dignity, value and freedom as the highest value for all
democratic states allows them to react with tolerance to all forms of oppression
and violence.
Violence is a negative social phenomenon and is a very complex topic. Its
victims are forced to remain silent in most cases, and working with women who
are victims of this violence requires a special approach. Violence not only harms
the mental, social, psychological and physical health of women, but also causes
serious social consequences for her as a socially unregulated person.
Situations that cause social violence are necessarily caused by several
problems, including crisis and uncertainty about the future, failure to take
responsibility for making important life decisions, loss of value of values that are
important for human life, and various psychological problems. If we want to live
in the new Uzbekistan, first of all, we need to fully understand the value of
citizenship and humanity and the need to protect it.
If we scientifically analyze oppression and violence based on the methods
of social philosophy, their origin can be mainly the result of the influence of
gender stereotypes - the general opinion about the characteristics and behavior
of representatives of different sexes, based on the traditional understanding of
the place and role of men and women in society.
Gender stereotypes are closely related to existing gender roles in this
society and serve to maintain and increase them, in particular, gender
stereotypes serve to maintain gender inequality. Understanding and taking into
account the socio-cultural factors that form the basis of discrimination based on
gender, that is, gender sensitivity, is important in eliminating this situation.
Based on the analysis of the social situation in the world, it is possible to
note five main manifestations that make up the nature of family relations in
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which there is violence. In such a relationship, all, or some, or one of these
violences is necessarily present. These views can also alternate or transition
from one to another over a period of time:
Physical violence is used to refer to the threat of inflicting physical injuries
of varying degrees of severity, endangering, not providing assistance to a person
whose life is in danger, committing other crimes of a violent nature, exerting
physical influence or using other measures of such influence. This type of
violence includes throwing, spitting, slapping (punching) or striking with other
objects, holding captive, strangling, punching, beating, kicking, using a weapon,
causing harm by burning, establishing complete control over the victim's access
to social or medical assistance, etc.
Mental violence is insulting women, slandering them, threatening them,
humiliating their honor and dignity, controlling them in the reproductive sphere,
causing concern for their safety, leading to the inability to defend themselves, or
harming their mental health. means These include humiliation, intimidation,
coercion and detention. It contains insulting words, constant criticism of
thoughts, feelings, thoughts, beliefs, actions; constant questioning, blackmail,
leaving the house and taking the children with him when he leaves, threatening
to kill himself, the victim or the children; committing violence against children,
parents, pets; damage to equipment; keeping the victim under constant control
or restricting his communication with those around him, talking on the phone;
showing the highest level of jealousy, stalking, blaming the partner for any
problems that arise, disrupting the processes of sleep, eating, etc.
Holding the oppressed victim captive by the abuser is one of the most
common methods of violence. As a result, women do not hope to look for help
from the outside, as a result, there is a disconnection with the outside
environment, and the abuser becomes the only mirror for the victim, and the
mirror is actually crooked.
Economic violence
is an act (inaction) that restricts women's right to
food, housing and other necessary conditions for a normal life and development,
the right to property, the right to education and employment. means This type of
violence involves the use of money to establish control over a partner. These
include refusing to support children, making financial decisions alone, asking the
partner for money and providing full information about any expenses,
concealing income, spending money belonging to the family, not allowing work
or forcing them to work, earning confiscation of found money, etc. [3]. In this
case, for example, as a result of not taking into account the needs of children or
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women when purchasing food products, they are deprived of vitamins that are
characteristic of their youth; the wife, while making purchases, will have to
provide information along with the payment receipts, etc.
Another type of bullying that is common today is cyberbullying. This type
of violence is expressed in the conduct of persistent, repeated and long-term
degrading actions over the Internet. It differs sharply from the anonymity of the
victim of mental abuse, the 24/7 dissemination of unsavory messages over the
Internet, and the immense suffering caused to the victim. Various insults,
slander, slander, rumours, fake news are expressed by using the Internet, at
work or school, in the family. Also, we can recognize as violence against the
person the display of cruel treatment and scenes of violence through the
Internet and social networks, which have a strong impact on the psyche of a
person and make him suffer.
The presence of domestic violence as a problem is not only determined by
the economic and spiritual aspects of the family. It should be noted that in recent
years in our country, this problem has been studied as an important sociological
process that is solved at the state level, leaving the narrow family circle. The
factors preventing the solution of this problem, which exist to this day, are
primarily related to the characteristics of the national mentality.
According to the World Health Organization [4], every third woman in the
world is physically abused by her partner during her life. 30% of married
women report experiencing violence from their partner. A significant proportion
of women's deaths are caused by their spouses, and only 42% of women who
experience violence speak openly about the problem. Therefore, the moral and
economic methods of domestic violence are also observed in Uzbekistan,
bringing it to the attention of the general public and putting the need to come to
socially acceptable solutions as an urgent issue.
Uzbekistan has made significant progress in ending violence against
women in the seven dimensions of the Beijing Platform for Action. Gender issues
related to poverty, lack of educational and vocational training opportunities,
health and reproductive health issues, lack of respect for women's rights,
environmental issues, and discrimination against girls have been minimized by
macroeconomic policies, education and health policies, and gender-sensitive
initiatives [5].
Even now, on the basis of the Development Program of the United Nations,
the Gender Equity Index (The Gender Equity Index) operates in order to analyze,
study and protect the actual situation of women's equality in different countries.
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This index evaluates the performance of women in different countries in three
main areas. These are:
1. Reproductive health;
2. Civil rights and opportunities;
3. Opportunities in the labor market [6].
It is every woman's right to protect herself from violence. Violence affects
basic human rights (life, health, honor, dignity, freedom). Violence can be
manifested not only in the use of physical force, but also in the form of mental,
moral, economic and domestic pressure and can be applied to any member of
the family. Insulting, coercion, rape, economic restrictions, regular mental
torture are also considered violence.
In the world, an ink ribbon was adopted as a symbol of the fight against
violence. Secret words for "hotlines" can be: "Add an ink ribbon to my envelope"
or "I gave an envelope and asked for an ink ribbon to be added to it." The
operator understands that the woman is calling for help and immediately passes
the message to the centers that fight against violence.
According to the information published by "Reuters" agency, India,
Afghanistan, Syria, Somalia, Saudi Arabia, Pakistan, Democratic Republic of
Congo, Oman, Nigeria and the USA are among the top ten countries in terms of
family violence. At the level of the European Union, Latvia, Denmark, Albania,
Finland, Great Britain, Sweden, Norway, and France continue to hold the
"leadership". In general, according to the United Nations, every third woman in
the world today is subjected to physical and sexual violence.
Unfortunately, Uzbekistan is not exempt from this global problem.
Therefore, issues of combating all forms of violence in our country should be
regulated by the Law "On Protection of Women from Harassment and Violence"
and other relevant legal documents.
The existence of such problems means that we should pay special
attention to the development of gender issues and social and political activity of
our women in our country. Because a socially and politically active woman
knows how to act in such situations and her rights.
The Law of the Republic of Uzbekistan "On Protection of Women from
Harassment and Violence" defines the main directions of the state policy in the
field of protection of women from harassment and violence, which are as
follows:
• development and implementation of gender policy, state programs and
strategies in the field of protection of women from oppression and violence;
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• creating an atmosphere of intolerance in the society regarding
harassment and violence against women;
• to ensure that women's rights, freedoms and legal interests are
protected from oppression and violence;
• raising legal consciousness and legal culture in the society, strengthening
legality;
• to create effective organizational and legal mechanisms to prevent
harassment and violence against women, identify them, and put an end to them;
In conclusion, the creation of appropriate social, economic and legal foundations
for the protection of women from harassment and violence, the mobilization of
positive forces in society serve as an important basis for the creation of an
innovative model of increasing the effectiveness of the social protection system.
References:
1. Law of the Republic of Uzbekistan dated September 2, 2019 "On Protection of
Women from Harassment and Violence" No. O'RQ-561//
https://lex.uz/docs/4494709?ONDATE2=21.04.2021&action=compare
2. Universal Declaration of Human Rights (December 10, 1948)/ United Nations
General Assembly// http://constitution.uz/uz/pages/humanrights.
3. Law of the Republic of Uzbekistan dated September 2, 2019 "On the
Protection of Women from Harassment and Violence" No. O'RQ-561//
https://lex.uz/docs/4494709?ONDATE2=21.04.2021&action=compare
4.Violence against women. Key facts. World Health Organization,
https://www.who.int/news-room/fact-sheets/detail/violence-against-women
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6.Тhe World Economic Forum. The Global Gender Gap Report 2018//
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