Confronting Gender-Based Violence: Challenges, Insights, and Calls for Action

Experts at the Women in Law Conference 2024 Unveil the Complex Realities of Gender-Based Violence, Highlighting Legal Gaps, Cultural Challenges, and the Urgend Need for Global Action Against Femicide

The panel discussion at the Women in Law Conference 2024 on Women’s Rights and Gender-Based Violence provided a deeply insightful analysis of the issues facing women in Austria and beyond. The discussion was led by the Head of the Institute for Gender and Diversity at Vienna University of Economics and Business Professor Marie-Thérèse Claes. It brought together Katharina Beclin, an associate professor at the University of Vienna and an expert on gender in criminal law and criminology, Carmen Thornton, a highly successful lawyer and expert on divorce and family law, Alicja Świtoń, the Director of the Association of Austrian Autonomous Women’s Shelters, Theresa Weger, a young associate with a particular interest in equal treatment and Jutta Pirker-Kerschbaumer, who has chaired the equal treatment committee of the University of Krems for many years. Together they shared perspectives on systemic gaps, the legal landscape, and the societal challenges related to gender-based violence. Throughout the dialogue, the interplay of legal hurdles, social attitudes, and institutional frameworks emerged as central themes.

Marie-Thérèse Claes started the discussion by inviting the panelists to each share their perspectives on the most pressing issues and key challenges in addressing violence against women.

Katharina Beclin began to highlight the difficulties in aligning Austria’s legal procedures with the Istanbul Convention. Despite the Convention’s requirements, prosecutors often hesitate to bring charges in cases with contradictory statements from the suspect and the victim. She noted that this misconception stems from the belief that convictions require more than a 50% probability, a standard not supported by Austrian law. „Victims need a lawyer accompanying them from the first interrogation on,“ she stressed, because without proper representation, police protocols often fail to provide sufficient detail for charges to proceed.

“We know that most women don’t tell anybody, not even friends, because they are afraid that something really bad could happen to them or their children”

A broader issue discussed was the secondary impact of legal outcomes—or lack thereof—on related matters like child custody. Beclin pointed out, „If there hasn’t been a conviction… courts often don’t specifically look at the domestic violence factor“ in custody cases. This compounds the challenges faced by women, many of whom fear calling the police or initiating criminal proceedings due to potential repercussions. „“We know that most women don’t tell anybody, not even friends, because they are afraid that something really really bad could happen to them or their children “ she explained, underscoring the pervasive fear and silence that perpetuates violence.

“Financial imbalance pushes victims of violence to settle for less than they could have gotten if they had proper legal representation.”

Carmen Thornton added another layer to the conversation by discussing the intersection of domestic violence and divorce. Financial stability after divorce is often contingent on proving responsibility for the marriage’s breakdown. Thornton highlighted the burdens victims face: „They must tell what happened to them over and over, which can lead to traumatization.“ Financial imbalance exacerbates these challenges, leaving victims at a disadvantage, especially when their abuser has better resources and legal representation. She also drew attention to the inconsistent case law in family courts, where outcomes heavily depend on the presiding judge, further complicating an already fraught process.

Alicja Świtoń brought a practical perspective into the discussion. Her organization provides direct support to victims and their families. She highlighted the economic pressures that trap many women in abusive relationships, particularly single mothers. “Women have to stay in shelters for longer times or don’t leave violent relationships at all because they cannot afford living on their own.” Economic inequality, she argued, is a critical barrier to addressing gender-based violence effectively.

“For women in Austria, their home is the most dangerous place.”

The discussion also tackled femicides, a grim and persistent issue in Austria. Świtoń noted, “For women in Austria, their home is the most dangerous place. Your partner or ex-partner is the most dangerous person to you.” Despite Austria’s reputation as a safe country, the statistics on intimate partner violence reveal a stark reality. Beclin shared frustrations about the lack of reliable data on femicides, which forces organizations to rely on media reports for their counts. She also critiqued the term „femicide,“ suggesting that „intimicide“ or „intimate partner femicide“ would better capture the phenomenon, allowing for targeted strategies.

“It should be used in cases where the condition of being female is the cause for the murder.“

Theresa Weger, however, defended the term „femicide. “It should be used in cases where the condition of being female is the cause for the murder.“ She pointed out that while women can also be perpetrators, this complicates the identification of potential offenders and prevention strategies. Beclin elaborated on two distinct patterns of intimate partner killings: long-term abusers who escalate to murder and men with no prior history of violence who kill due to psychological crises. She stressed the importance of risk assessment at every stage, as prescribed by the Istanbul Convention, to prevent such tragedies.

“Gender-based violence is widely a problem caused by men, so the involvement of men is crucial in fighting gender-based violence.”

Jutta Pirker-Kerschbauer shifted the focus to sexual harassment in academic institutions, recounting an incident involving an external lecturer. The university’s zero-tolerance policy led to decisive action against the professor despite his prestigious status. Świtoń noted, “It takes a lot of strength and good regulations to make [men] take responsibility.” They added that cultural shifts are essential, arguing that “gender-based violence is widely a problem caused by men, so the involvement of men is crucial in fighting gender-based violence.” Programs that engage men in prevention efforts, starting as early as kindergarten, are critical to changing norms and behaviors.

The discussion also touched on evolving forms of violence, such as psychological abuse and cyber violence. Świtoń highlighted how societal perceptions often fail to recognize these behaviors as abusive. Beclin called attention to the legal gaps, noting that while cyber mobbing is criminalized, face-to-face mobbing is not.

„As a victim, you can never do it right.“

Audience members contributed their perspectives, raising questions about how to engage men in combating violence and how to support victims of psychological abuse. Świtoń emphasized the importance of providing information and emotional support to victims, helping them recognize their experiences as abuse. Thornton illustrated the difficulties victims face in legal proceedings, where their trauma often prevents them from presenting evidence effectively. She underscored the need for psychological and legal aid to work hand-in-hand, as victims often struggle to meet procedural requirements due to trauma. „As a victim, you can never do it right,“ describing the unrealistic expectations placed on victims‘ behavior and testimony.

The discussion then turned more personal and contentious when a member of the audience shared a tragic story. They recounted the murder of a woman who had been shot by her husband, a man involved in a radical religious community. He suggested that Austria’s political correctness might prevent an open discussion about such issues. This comment sparked debate, with another audience member questioning the relevance of religion to the crime. The initial speaker responded by referencing the presence of hate preachers in Austria as a potential factor.

This prompted another question from the audience, asking whether there was any statistical evidence to support the idea that femicides are more prevalent among individuals with foreign backgrounds compared to Austrians. Beclin addressed this inquiry by shifting the focus to broader, systemic issues. She explained that the critical factors in such cases are not religion or ethnicity but rather socioeconomic circumstances. Financial instability often prevents couples from separating before situations escalate, and victims’ ability to seek help is a decisive factor. She also noted that language barriers compound the issue for both victims and perpetrators from foreign backgrounds. A lack of police officers or therapists fluent in less common languages can significantly hinder intervention and support.

Switon broadened the perspective, emphasizing that femicides and violence against women are global issues, not unique to immigrants in Austria. She acknowledged the existence of systemic barriers that make it harder for some women to seek help and added that these challenges often increase pressure on men in vulnerable situations. Importantly, she stressed,

“There is no religion where violence against women is normal and accepted.”

The panelists agreed that systemic changes are necessary, including specialized training for judges to understand the dynamics of abuse and victim behavior. A judge from the audience noted the challenges of identifying psychological violence as violence, particularly in cases where the victims‘ experiences are deeply personal and complex. The lack of resources, such as interrogation rooms for contradictory statements, further hinders the justice system’s ability to support victims effectively.

Ultimately, the panel painted a sobering picture of the multifaceted challenges in addressing gender-based violence. Legal reforms, societal shifts, and greater investment in victim support are all necessary to tackle these issues. Prevention, education, and a commitment to gender equality remain at the forefront of the fight against violence. As Świtoń aptly concluded, “Prevention starts in kindergarten.”