The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
39-42
10.37547/tajpslc/Volume07Issue01-07
OPEN ACCESS
SUBMITED
26 October 2024
ACCEPTED
29 December 2024
PUBLISHED
30 January 2025
VOLUME
Vol.07 Issue01 2025
CITATIO N
Juraeva Muslimakhon Bakhodir qizi. (2025). Legal framework for the
protection of the rights of women victims of domestic violence. The
American Journal of Political Science Law and Criminology, 7(01), 39
–
42.
https://doi.org/10.37547/tajpslc/Volume07Issue01-07
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Legal framework for the
protection of the rights of
women victims of
domestic violence
Juraeva Muslimakhon Bakhodir qizi
Doctoral student of Tashkent State University of Law, Uzbekistan
Abstract:
The family is a unit of society, the well-being
of which directly affects the development of society and
the state as a whole. An indispensable member of the
family is a woman who is both a wife and a mother, and
takes on other household responsibilities. However, she
is not always granted all the rights set out in
international and national legislation. In this regard, the
issue of protecting the rights and legitimate interests of
women has become an issue at both the international
and national levels. n this article, the author has
attempted to analyze the opinions of scientists on the
selected topic, normative legal acts, which are aimed at
ensuring all constitutional rights and legitimate interests
of women, as well as strengthening their role both in the
family and in society as a whole.
Keywords:
Family (domestic) violence, women's rights
and legitimate interests, discrimination, rehabilitation.
Introduction:
Domestic violence is a pervasive issue that
affects individuals and families across all cultures,
socioeconomic backgrounds, and communities. It
encompasses physical, emotional, psychological,
financial, and sexual abuse, often leaving lasting scars
on victims. While awareness has increased over the
years, domestic violence remains an underreported and
misunderstood crisis, with many victims feeling trapped
due to fear, financial dependence, or societal stigma.
It is important to understand the roots of this
phenomenon and how it affects women's lives in order
to take action and make a difference. By its very nature,
the topic of violence cannot be perceived as emotionally
and socially neutral, but until the 1970s, it was widely
believed that domestic violence was rare and caused by
certain mental disorders. In addition, this phenomenon
was considered a privilege of private life, in which it was
not customary to interfere.
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The study of this phenomenon began in the 1960s. The
problem of
ill-treatment of women as a social and psychological
problem received attention in the 70s due to the
activation of the women's movement in the United
States and in Western Europe.
In this article, we will examine the different views of
scholars on this topic. The aims of article are to shed
light on the complexities of domestic violence,
exploring its causes, effects, and the support systems
available for survivors. Additionally, it highlights
available resources and strategies for prevention,
emphasizing the importance of awareness, support,
and intervention. Understanding domestic violence is
the first step toward breaking the cycle of abuse and
fostering a safer, more compassionate world.
Early steps towards preventing violence against
women were the UN Convention on the Elimination of
All Forms of Discrimination against Women (“CEDAW”,
1979) and its Optional Protocol (1999), as well as the
CEDAW Committee's General Recommendations No.
CEDAW (1979) and its Optional Protocol (1999), as well
as the CEDAW Committee's General Recommendation
No. 19 “On Violence against Women”.
As for the polemics among scientists, we can say that
there are several interpretations of the concept of
“family violence”. For example, psychologist
M. Argyle believes that violence is an attempt to
establish control over a certain person, to control his
actions, thoughts, feelings.
Prof. Jerzy Mellibruda distinguishes between two
forms of violence, so-called types of domestic violence:
COLD VIOLENCE
- most often used deliberately, has a
specific purpose (sometimes positive). It develops
against the background of authoritarian models of
human coexistence and management. A person
applying this strategy implements a certain plan of
action. This is usually a process devoid of strong and
sudden emotions. The name is related to the
emotional coldness and calmness that accompanies
this form of violence.
HOT VIOLENCE
- this form is the result of negative
intense experiences associated with the frustration of
aspirations and needs. It manifests itself in the form of
fits of rage, anger, emotional outbursts. It is violence,
charged with aggression, sudden, manifested mainly in
a state of affect. It is accompanied by rich forms of
expression (screaming, sudden infliction of pain,
swearing).
The above opinions were based on psychological
analysis of victims of violence. Unfortunately, in
criminal-theoretical practice there is no definite
approach to the concept of “family violence”. Ho
wever,
among jurists, one of the first definitions of the concept
of violence and its content was given by A. A.
Piontkovsky, who pointed out that “violent impact on a
person consists in any coercion of her to actions
contrary to her desires”.
Professor A.S. Panchenko describes family (domestic)
violence as “illegal actions aimed at forcing someone to
do something not of their own free will, while
intimidating them with the use of punishment in the
form of harm to health, insult, physical restraint”.
Domest
ic violence is “every act or omission by one
member of a family which endangers the life, physical
and mental integrity or freedom of another member of
that family, or seriously jeopardizes his or her personal
development” (Council of Europe definition, 19
86).
So, after studying several opinions on family (domestic)
violence, we can say that family violence is, first of all,
an action. Secondly, in the realization of family violence,
the aggressor (abuser) by restricting certain rights of the
victim inflicts physical, psychological violence.
In the following, it will be relevant to note the
documents adopted to protect women from any kind of
violence, and it will be appropriate to begin by analyzing
normative legal acts adopted in the Republic of
Uzbekistan to prevent violence against women.
First of all, it is worth noting the Constitution of the
Republic of Uzbekistan, which enshrines the rule that
“no one may be subjected to torture, violence or other
cruel, inhuman or degrading treatment or punishment”.
Then there are two Laws of the Republic of Uzbekistan
dated 02.09.2019: “On the protection of women against
harassment and violence” and “On guarantees of equal
rights and opportunities for women and men”.
The first Law “On the Protection of Women from
Har
assment and Violence”:
- definitions are given for the main concepts such as
“violence”, “sexual, physical, economic, psychological
violence”, “oppression”, etc,
- the rights of victims of harassment and violence and
the main directions of State policy for the protection of
women from harassment and violence are described;
- the powers of authorized state bodies in the field of
protection of women from harassment and violence are
considered, etc.
However, the Act states that only women are victims of
harassment and violence. According to statistical data,
men can be victims of harassment and violence, which
casts doubt on the fact that only women can be victims
of harassment and violence.
With regard to the regulation of the areas of equal rights
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and opportunities for women and men and the
guarantee of equal rights and opportunities for women
and men in the civil service, this topic is addressed in
the Act on Guarantees of Equal Rights and
Opportunities for Women and Men.
Also, worth noting:
- Resolution o
f the Republic of Uzbekistan “On
additional measures for the rehabilitation of women
victims of violence” dated 20.05.2021. NO. RP
-5116;
- Decree of the President of the Republic of Uzbekistan
“On measures to improve the system of work with
families and women, support for mahallas and the
older generation” of 01.03.2022, No. DP
-81;
- Decree of the President of the Republic of Uzbekistan
“On measures to further accelerate work on systemic
support for families and women” of 01.03.2022, No. DP
-87;
- Resolution of the Cabinet of Ministers of the Republic
of Uzbekistan “On additional measures to improve
work on the rehabilitation and adaptation of women
victims of violence and the prevention of suicide”,
dated 06.10.2021, No. 625.
These legal acts are aimed at supporting women
victims of domestic violence and providing
rehabilitation work with women victims of domestic
violence.
The next important step in supporting socially
vulnerable segments of the population, including
women victims of domestic violence, was the
establishment of the National Agency for Social
Protection and the Inson Social Services Center, in
accordance with the Presidential Decision on measures
to further improve the system for providing social
services and assistance to the population. These
organizations began their work on 15 October 2023.
They will provide professional social services, based on
a comprehensive approach, directly at the mahalla
level to individuals and families in serious situations
and at high risk of falling into difficult situations.
To summarize, we can say that we hope to improve the
condition of victims who have been subjected to
domestic violence. The introduced innovations in the
form of regulations, agencies and centers for
rehabilitation of victims of domestic violence can help
to identify the causes of this phenomenon, to prevent
further offenses or crimes, to ensure the rights and
legitimate interests of the victim of domestic violence
as a full member of society and the state as a whole.
We are convinced that, thanks to the conditions
created, people who have been or are being subjected
to some form of violence will no longer remain silent
about violence against them as each of them has the
right to be a full-fledged participant in the life of the
state. It is not for nothing that our President Sh. M.
Mirziyoyev noted in his speech on International
Women's Day that “henceforth no
woman in Uzbekistan
will be left without attention and care of the state and
society”.
REFERENCES
International acts:
The UN Convention on the Elimination of All Forms of
Discrimination against Women (“CEDAW”), 1979 and its
Optional Protocol (1999) against
Women (“CEDAW”,
1979) and the Optional Protocol to this Convention
(1999).
General Recommendations of the CEDAW Committee
No. 19 “On Violence against Women”.
Council of Europe Convention “On Preventing and
Combating Violence against Women and Domestic
Vio
lence” of 11.05.2011.
Legal acts:
The Constitution of the Republic of Uzbekistan of
30.04.2023.
The Law of the Republic of Uzbekistan “On the
Protection of Women from Harassment and Violence”
of 02.09.2019.
The Law of the Republic of Uzbekistan “On Guarant
ees
of Equal Rights and Opportunities for Women and Men”
of 02.09.2019.
The Constitution of the Republic of Uzbekistan of
30.04.2023.
The Law of the Republic of Uzbekistan “On the
Protection of Women from Harassment and Violence”
of 02.09.2019.
The Law of
the Republic of Uzbekistan “On Guarantees
of Equal Rights and Opportunities for Women and Men”
of 02.09.2019.
Monographs, textbooks, brochures and others:
Legal encyclopedia, - T., 2001. - P.587
Argyle M. The Psychology of Happiness / M. Argyle,
translated from English by A. Lisitsyn. - 2nd ed. - St.
Petersburg: Peter, 2003. - 271 p.: ill. - (Masters of
Psychology).
Piontkovsky A. A. Crimes against the person. М., 1938.
207 P.
Panchenko A.S. The concept of violence in the family //
Theory of social developm
ent and practice. 2005 г. № 1.
235 P.
Internet resourses:
https://lex.uz/docs/4494712
https://constitution.uz
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https://rm.coe.int/168046253f
https://oyina.uz/kiril/article/2188.т
https://www.gazeta.uz
https://pm.gov.uz/ru/lists/view/1102
https://humandoc.pl
