Definitions
Commission on Gender-Based Violence
and Domestic Violence
Gender-Based Violence
The Gender-Based Violence and Domestic Violence Act defines “gender-based violence” as all acts or omissions that are directed against a person because of their gender, that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
Domestic Violence
The Gender-Based Violence and Domestic Violence Act defines “domestic violence” as all acts or omissions including verbal, physical, sexual, psychological or economic violence causing physical and, or moral harm or suffering, including threats of such acts or omissions, coercion, or arbitrary deprivation of liberty, that occur within the family or domestic unit, whether or not the perpetrator shares or has shared the same residence with the victim, and shall include children who are witnesses of violence within the family or domestic unit.
The Act states that “family or domestic unit” includes:
(a) current or former spouses, civil union partners or cohabitants;
(b) persons living in the same household as the offender or who had lived with the offender within a period of three years preceding the offence;
(c) persons whose marriage has been dissolved or declared null;
(d) an ascendant or descendant;
(e) other adults sharing the same household;
(f) persons in an informal relationship, who are or were dating;
(g) persons who are, or have been, formally or informally engaged with a view to get married or enter into a civil union;
(h) persons who are related to each other either by consanguinity of affinity up to the third degree inclusively;
(i) persons having or having had a child in common.
The European Institute for Gender Equality (EIGE) highlights the different forms of violence: I. Physical violence
Any act which causes physical harm as a result of unlawful physical force. Physical violence can take the form of, among others, serious and minor assault, deprivation of liberty and manslaughter.
I. Physical violence
Any act which causes physical harm as a result of unlawful physical force. Physical violence can take the form of, among others, serious and minor assault, deprivation of liberty and manslaughter.
II. Sexual violence
Any sexual act performed on an individual without their consent. Sexual violence can take the form of rape or sexual assault.
III. Psychological violence
Any act which causes psychological harm to an individual. Psychological violence can take the form of, for example, coercion, defamation, verbal insult or harassment.
IV. Economic violence
Any act or behaviour which causes economic harm to an individual. Economic violence can take the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities, such as alimony.
