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PHILOSOPHICAL AND ANTHROPOLOGICAL ASPECTS OF
ENSURING GENDER IDENTITY IN PREVENTING DOMESTIC
VIOLENCE
Abdurakhmonov Rustam Bakhromdjonovich
Researcher at Fergana State University
Orcid ID: 0009-0006-0217-1323
https://doi.org/10.5281/zenodo.14676903
Abstract:
The article studies the theoretical and methodological
foundations of the philosophical and anthropological analysis of the gender
identity factor in preventing domestic violence, the philosophical aspects of
ensuring gender identity in preventing domestic violence, advanced foreign
experiences and priority areas, and future tasks. It also analyzes the theoretical
and methodological aspects of the philosophical and anthropological analysis of
the gender identity factor in preventing domestic violence.
Key words:
domestic violence, national and universal values, social laws,
tradition and modernity, comparative analysis, analysis and synthesis, systemic
and functional, gender identity, philosophical and anthropological analysis.
INTRODUCTION
. In order to combat and prevent domestic violence in the
new Uzbekistan, the Law “On the Protection of Women from Harassment and
Violence” came into force on September 3, 2019. In accordance with this Law,
“the main directions of state policy in the field of protecting women from
harassment and violence, the powers of the Government and state organizations
in this field, and general measures to prevent, identify and put an end to
harassment and violence against women were determined”.
While great attention is paid to strengthening the social protection system
for women and children in Uzbekistan, and large-scale work is being done to
protect motherhood and childhood, an analysis of work in this area shows that
there are a number of shortcomings and obstacles to improving the spiritual and
moral environment in families.
LITERATURE REVIEW AND METHODS.
Socio-philosophical, sociological
aspects of preventing domestic violence, the possibilities of a gender approach
in combating domestic violence and issues of gender identity R. Connell, P.
Bourdieu, D. Scott, V. Spike Peterson, L. I. Amanbayeva, A. V. Belyaev, M. V.
Bogomaz, L. S. Vygotsky, D. Karpara, V. A. Sitarov, G. M. Andreyeva, V. V. Antipov,
L. P. Bogdanova, A. Varga, I. F. Dementyeva, T. R. Kirimov, N. M. Latipova, O.
Musurmonova, N. R. Nishonova, M. Kh. Kholmatova, G. Matkarimova, Kh.
Nasrullaeva, N. Jo'rayeva, M. Nurmatova, E. Sultonova, S. Kh. Safayeva, Sh.
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Sodiqova, G. J. Ganiyeva, Studied in the studies of scientists such as M.Q.
Ga'farova.
RESULTS AND DISCUSSION.
A completely new system has been introduced
in the country in the field of solving the problems of victims of violence and
implementing state policy in terms of their social support. In accordance with
the Resolution of the President of the Republic of Uzbekistan No. PQ-146 “On the
Organization of the Activities of the State Committee for Family and Women”
dated March 1 of this year, “A Department for Supervision of the
Implementation of Legislation in the Field of Ensuring Women's Rights and
Protecting Them from Harassment and Violence was established at the
Prosecutor General's Office”.
The Decree No. PF-87 “On Measures to Further Intensify Work on
Systematic Support for the Family and Women” dated March 7, 2022 also
established targeted measures in the field of ensuring women's rights and
protecting them from harassment and violence. In particular, “this document
establishes as a special priority the creation of an atmosphere of intolerance
towards oppression and violence against women in society, the provision of
women’s rights and legitimate interests, and the strengthening of the
educational potential of the family, the preservation of family values in society,
the improvement of the spiritual and moral environment in families, and the
increase of their well-being.”
An important international document on the topic under consideration is
the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the implementation of which is monitored by the Committee
on the Elimination of Discrimination against Women (CEDAW), which consists
of 23 independent experts on women’s rights. “This Convention on the
Elimination of All Forms of Discrimination against Women is a tool that helps
women around the world change their daily lives. "In countries that have ratified
the Convention, it plays an important role in combating the consequences of
discrimination, including violence, poverty, lack of legal remedies, and the full
realization of property rights."
In Western countries, a process called the “second demographic transition”
has taken place, in which the number of formal marriages has sharply decreased,
both parents are not required for a child to grow up, women can raise children
alone if they wish, and a positive attitude towards abortions is gradually taking
shape. In addition, state interference in family relations is minimized, and the
path is being chosen to maintain the strength of the family by providing socio-
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economic assistance and transferring it to civil society institutions, while
allowing freedom in sexual relations. As a result of an excessively liberal
approach to family relations, non-traditional family relations began to form, in
1989, same-sex marriage was allowed in Denmark, and later in many countries
(the Netherlands, England, Sweden, etc.) same-sex marriages began to be
officially recognized. Although laws against this were passed in some countries
(some states in the USA, France), it can be seen that they are not producing
sufficient results. The existence of negative demographic trends in some
countries (Russia, France, Germany) is leading to the development of programs
aimed at solving it.
The termination of marital relations between parents should not affect the
material support of children. This rule, which is consistent with the centuries-
old traditions and mentality of our people, as well as with the criteria of
international law and humanity, should be included in our legal documents
regulating alimony relations and implemented. To this end, firstly, all cases
related to the divorce of spouses with minor children should be transferred to
district courts; secondly, divorced spouses should be given the opportunity to
use special mediation services to resolve problems related to their children.
The implementation of these proposals, together with other work being
carried out in the field of improving legislation, will undoubtedly ensure that "in
Uzbekistan ... the breakdown of families remains at the lowest level in the
world." The Republic of Uzbekistan has ratified a number of international
treaties that provide for the fight against all forms and manifestations of
violence against women. These are the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention on the Rights of the
Child, and other international legal acts.
Naturally, the establishment of international legal requirements is not
enough to prevent domestic violence. The solution to this issue largely depends
on effective law enforcement activities, strengthened at the legislative level. Of
course, it is also necessary to take into account that domestic violence is not only
a national, but also a universal, general phenomenon. Such violence exists in all
countries without exception, regardless of their social and state structure, in
various forms and manifestations.
Domestic crimes are understood as crimes committed by one member of
the family against other members. In this case, it does not matter whether the
relationship between spouses is legally legalized or not.
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Various (mercenary, sexual and other) crimes are committed in the family.
However, among them, crimes committed by one family member against
another family member using violence, including infanticide and other crimes
against children, constitute the majority.
At the heart of family crimes, as a rule, lies an internal conflict between
family members or a conflict between family members and the environment in
which they live. Today, among family crimes, crimes committed with violence
against a wife (husband) and infanticide have been studied in particular detail.
As is known, there is no crime of “domestic violence” in criminal law. As
mentioned above, domestic violence is a socio-legal concept and a socio-legal
problem.
At this point, let us pay attention to the analysis of statistical data.
“According to the information provided by the Supreme Court of the Republic of
Uzbekistan, a total of 1,568 criminal cases related to domestic violence were
considered in 2021. A total of 1,692 persons were brought to justice within the
framework of these criminal cases. Also, of these crimes, 1,617 individuals were
recognized as victims, of which 1,184 or 73% were women, 433 or 26% were
men, and 20 or 1% were minors.”
Almost 80% of respondents in the survey conducted during the study
indicated that they consider a victim of domestic violence to be a woman or a
person of the female gender. However, the above figures refute the view that
only women are victims of domestic violence. In other words, one in four victims
of domestic violence in 2021 was a man.
The researchers noted that the crime of intentional homicide in most cases
arises as a result of domestic disputes and is committed within the family. This
means that we should also consider the crimes of intentional homicide or
intentional homicide in a state of strong emotional excitement as crimes of
domestic violence. It should be noted that the acts expressed in domestic
violence are committed in the form of a direct intent of guilt from the subjective
side. Also, its motive is committed with such motives as jealousy, revenge, and
demonstration of sexual superiority.
One of the main features of the social danger of crimes related to domestic
violence is explained by the fact that the object of this type of act is one of the
most important institutions in society, the stability, health of the family, and
social relations aimed at protecting the health, honor and dignity of family
members in it.
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CONCLUSION.
According to the above, violence is an unlawful act (inaction)
that violates the life, health, sexual integrity, honor, dignity and other rights and
freedoms protected by law by means of physical, psychological, sexual or
economic influence on women or the threat of using such influence.
In general, “domestic violence can be divided into the following: violence
against women; violence against children; violence against relatives. The above
definitions of criminal domestic violence are based on the intentional use of
physical force by one person against another person with the aim of harming
their health or life, against their will. According to the above, when referring to
crimes committed using violence in the family, we mean crimes in which
violence is manifested not only as an objective method of the crime, but also as a
structural element of the motive. These include crimes such as intentional
murder, intentional infliction of serious or moderate injury to health,
defamation, and unnatural satisfaction of sexual needs through violence.
References:
1. Law of the Republic of Uzbekistan “On Protection of Women from Harassment
and Violence”. https://lex.uz/docs/4494709
2. Decree of the President of the Republic of Uzbekistan dated March 7, 2022 No.
PF-87 “On Measures to Further Intensify Work on Systematic Support for Family
and Women”. https://lex.uz/ru/docs/5884143
3. Resolution of the President of the Republic of Uzbekistan dated March 1, 2022
No. PP-146 “On the Organization of the Activities of the State Committee for
Family and Women”. https://lex.uz/ru/docs/5884084
4. Letter of the Supreme Court of the Republic of Uzbekistan dated May 30, 2022
No. 07/13-6500-177
5. Abzalova H.M. Criminal-legal and criminological aspects of combating
homicide. Abstract of the dissertation for the degree of Doctor of Law (Doctor of
Science). –T., 2020. – P.19.
6. Criminology. Textbook edited by Burlakova V.N., Salnikova V.P. – St.
Petersburg, 2018. – P. –506
7. Paizullaev K.P. Crimes committed using violence. Textbook. –T.: TDYU, 2009.
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