The article is dedicated to the cruel attitude to the women in the Georgian families. The present issue is being investigated by means of the analysis of the historical casualty of the given phenomenon. The attention is focused on the dependence of the causes of violence against the women with the special “Caucasian” mentality and the degree of patriarchal Georgian society. The attention is allotted on the necessity of interdepartmental influenced during solution of problem of the domestic violence against the women and raising the educational-legal level of the potential victims. The contemporary state of the problem has been described and a list of activities has been offered which had been directed to optimization of the help to the victims of violence in the first turn on identity of the law of the Republic of Georgia “About the struggle against violence e in the family. It’s warning and rendering the help to the injured women”.
The actuality of the problem of the domestic violence in Georgia does not raise a doubt so as in the whole world the Georgian women is not the subject of question so as in the whole world the Georgian women the scale of this violence in the Republic of Georgia is much more higher in comparison to other countries . In witness of it there is the data of the “International amnesty”. The Georgian women are beaten in the families, forced and the most terrible they are killed. More number of the woman is the victims of the psychological violence and economical control. The International standards of the human rights declare that the violence on the women – is unforgivable violation of human rights and the government are bound to take effective measurers to defend the women against violence, first of all the domestic ones and take all possible measures that the criminals were arrested by the law. In case the state closes the eyes to the cases when the men-offenders shirk from responsibilities for the violence (let it be the physic al psychological, ECONOMICAL0 does not react dully for appealing of the women about violence in the families it means that the government is the partner in crime and violence. The government should be responsible both for its action and its inaction.
The Theoretical and legal aspects of the domestic (family) violence
The domestic violence or the violence in the family by the representatives of various sciences is acknowledged first of all as a cruel attitude of one member of the family towards the other member of the family. Within the standards of the international law there are strengthened such forms of the voluntary actions applied in the family: physical violence, sexual violence, psychological or emotional violence.
The specialists of NASW (The National Association of the Social workers of the USA) determine the domestic violence as an emotional, physical or sexual violence which is performed towards the members of the family. Simultaneously it is not important whether it is effected consciously or unconsciously
To physical violence belong such actions as: murdering, beating and mutilations including those of genital; facts of compulsion of various kinds: abortion, killing a baby, refusal to eat, refusal to render a medical service, control in reproductive sphere.
The sexual violence comprises such actions as: to rapes, incest, harassments, etc.
Under the psychological or emotional violence are meant: behavior restriction, threats, compulsion to marriage.
Each of the indicated types of the domestic violence is an independent problem which is characterized by specific features. Depending on the object of violation the causes, conditions, forms of revealing, consequences of violation action differed, which have their peculiarities. These peculiarities should be taken into account while developing preventive measures and while interfering in the family relationships for prevention the violence.
In aspect of our article for us it is important the issue about the violence relative to the women namely.
In accord to the modeling law about violence in the family recommended by the UN the violence to the women is defined thus: “All violent acts let it be of physical, psychological and sexual character towards the women which are performed on the basis of the gender sign, by a person, connected with him the family relationship, starting from the verbal abuses and threats till heavy physical beatings, rapes, threats with rapes, intimidations, compulsion, pursuit, verbal abuses, invasion or illegal entering of home, fire-raising, annihilation of the property, sexual violence, rape, violation, connected with the exploitation through the prostitution violence connected with the dowry or the bride priced. The genital mutilations, violence, connected with the exploitation through the prostitution, violence relative to the domestic workers and attempts to commit such acts should be considered as “a violence in the family”.
This definition is very important for Georgia so as the women most frequently than the other members of the family become the victims of the family violence. Simultaneously, as the psychologists according to the testimony of the psychologists the violation originally revealed emotionally which later is added and accomplished by influence of various force physical impact and gradually outgrows into physical or sexual violence.
State of a woman in Georgia: myths and reality
Perception of a woman in Georgia is of double character. On one side when one discuss about a Georgian woman in the first turn there appears an association with the greatest Georgian king Tamar who is the symbol of respectful relationship towards a woman which had been established in Georgia too many years ago. She was the very woman who laid the origins of the woman’s cult through creation of the image of exalted and wrapped by romantic halo and veiling the national folklore a Georgian woman – is a symbol of love, unity and friendship. She is wise and lovely, is friendly with the close people and tries on enemies.
However, an example of the queen Tamar is still an exemption and not a rule. The researchers of the Georgian history affirm that the exalted image – is only a symbol and not a motto of the great poet Shota Rustaveli: “the lion’s puppies are equal let it be a female or male”. Who called on to gender equality is only s poetic appeal.
And the reality is much more dangerous and the state of the Georgian woman would not be enviable what can be somehow explained by the historical-ethnic facto which is revealed as well by the geographical situation of the Georgian state. Since the ancient times the territory of Georgia bore onslaught of the external enemies. The history of the Georgian people – is the history of wars for survival of the nation. In various historical periods the territory of Georgia was under the pressure of various invaders – the Arabians, Byzantines and Persians the aim of whom was not only the territory but the islamization of the region. During these periods there was performed the blood mixing and the Christian Georgia resisted to assimilation with Persians b Turkish people. Only in the middle of the 19th c. Georgia was able to get rid of invaders who tried to implant the Islam. From this moment more than 100 years passed by the measures of the history – is an insignificant term. Surely, the multi-century coexistence has imprinted the formation of the Georgian culture absorbing in itself the various traditions and habits of the East. In particular, – the various marriages are the elements of the Muslim culture/the peculiarities of these marriages was the aspiration of a man to receive a wife “unspoiled, not touched” – virgin, educated in religious and grown in his house for him. Due to complete dependence on husband the problems were as well to receive an education as a girl- wife and especially her employment.
In separate regions of Georgia there has been preserved as usual a practice to merry the virgins by the economical purposes. In the society from the old times there is preserved an opinion that a woman can’t be independent and she needs supervision from a man. Thus, the girls who were grown in conditions of a deep patriarchate were planted an idea that a man is the head of the family and consequently a woman’s lot was to be obedient. The result of such a bringing up became that a woman should please everybody: to parents, husband and children. In a traditional Patriarchal world she was passive member of the society and the principle “A man is a getter, a woman – a keeper of the hearth” reigned in Georgia for many years. The women fulfilled all the work at home. Were caring, frequently to the prejudice to their own interests about the husband, his relatives and children. Such a division of the obligations was predominant in Georgia till the last time. And in several families which are still enough it continues to exist today too in spite of the visibility of the gender equality.
Undoubtedly for the last years the women of Georgia began to get rid from the inherent for them the sacrificing and started to declare about the cases of violence in the family. Early, such a case was unacceptable so as the public opinion always stood the side of a man substantiate this by the fact that if the husband beats the wife than she is guilty in it herself. It was unacceptable to complain for the facts of violence again because of traditions of the Caucasian mentality. But at present the Georgian women started to think over their ow0n rights. But this was changed by other problem, many women today took on their shoulder care about a material content of the family, at the same time they continue the family duties and simultaneously continue to fulfill the family duties and they can’t expect the hope of a man so as it is not the duty of as man.
Consequently, today the alignment of the family responsibilities has changed not especially. At present, practically. The principle “A man – the earner, a woman – hearth keeper” is respected not always, either on the subconscious level it continues to dominate in the Georgian mentality. This approach is kept as well by the Georgian Orthodox Church the head of which is The Catholicon-Patriarch Ilya II had repeatedly repeated underlined in his reports and books that a woman first of all is a loving wife and a caring mother.
One more problem is that the Georgian man grown up under the stereotype approach about that he is the head of the family. Can’t come to the terms that a woman works and frequently, quite successfully, becomes very active member of the society. Ekaterina Sxiladze considers that many killings of the women were connected with permanent control from the side of former (ex) –husbands over the rights and the liberty of women when they consider such a type of behavior as unacceptable.
For today in Georgia there are many human rights organizations working on the gender thematic which loudly declare about necessity to protect a women’s rights. Georgia has ratified the International conventions in the field of human rights including out gender equality as well.
In accord to the Convention on liquidation of all forms of the women’s discrimination Georgia should accept all corresponding measures for changing or liquidation of habits and practice which is the discrimination to the women”.
Scales of the problem: a contemporary state
In the year of 2017 on the territory of Georgia were carried out two serious investigations concerning the violence on the women.
The first investigation was carried by UN Women (A woman’s Organization of UN) jointly with the National service of the statistics of Georgia. Investigation was carried out on the whole territory of Georgia within the frames of the project “We shall defeat together the violence on the women”. There were interviewed about 10 thousand respondents. By the results of investigation it is established that each seventh Georgian woman collided with the family violence and each fifth one – experienced oppression of a sexual character, and 9% among interviewed women indicated that in their childhood were sexually abused from the side of adults. 23% of the women and 42% of the men who participated in inquiry declared that a wife should obey a husband.
Let’s go on to official statistics which testifies that the number of the registered facts of violence against the women for the year of in Georgia for the year of 2017 became doubled. Especially resonant has become the killing of the teacher of Tbilisi State University Maka Tsivtsivadze who nearly before killing had twice addressed the police with the statement about the threats from the husband but the law defenders did not react on to the statement. Tsivtsivadze died from the wounds received from the ex-husband. She was killed.
In Georgia is a mechanism of status award of a victim of domestic violence which helps to get access to the state services such are: place in a shelter; psychological rehabilitation, juridical assistance.
The Georgian government realizes the scale of the problem and declares about intent to tighten up the measures directed to prevention of the family violence.
On the 6th of March of 2018 the government of Georgia had asserted a package of corresponding changes in the law o0f Georgia which had been proposed by Tea Tsulukiani, minister of Justice of Georgia. This is in particular simplification of receiving g of the order for containment and simplification the limitation for accessing the gun.
But in spite of the applied measures and as if the enough lawful basis, the problems of violence towards the relation to the women in the Georgian families are maintained. This is explained by ineffectiveness of the used lawful acts and first of all by practice of their realization. It is known that the facts of domestic violence to the women have a high degree of latency so as many victims till today try to hide the facts of violence because of fear before the rapist or opinion of the surrenders but at the same time there exists another extreme. In the beginning of 2018 in Georgia there were registered 488 cases of the family violence and the criminal have been arisen only about 248 cases. As before there take place the situations when the men-policemen arrive on appealing the injured colliding with the economical or psychological violence or with the form of violence when the woman was not killed or wounded, “the “tried to understand the men” so as they considered that this was as usual case.
The court sentences carried out by the Association of the young jurists of Georgia testify that to achieve (get) a lawful punishment for a family rapist in Georgia is not easy even in case if the murdering was fulfilled and especially if a woman committed a suicide under the influence of the psychological violence.
With the aim that a problem was solved it is important that those who commit such criminals were punished and the punishment were proportional.
Looking for ways out: is it a private case or a problem of the society and the state?
The chairman of the “National net against the violence” N. Shavlakadze considers quite substantives that until the government does not develop “A systematic approach” during which it will be completely realized the interdepartmental interaction a problem of domestic violence in Georgia will stay as a “serious challenge “. It is necessary to unite the efforts of the MIA of Georgia, ministries of Health and education as well of nongovernmental organization.
We suppose that the main lack of the fight with the domestic violence in Georgia is not the imperfection of the acting legislation but first of all lack of practice. The legislative acts and what are more not beds have been accepted but they are not functioning. For this very reason the efforts should be directed to rising of the efficiency of activity of all state bodies which realize the main directions of the legislation about domestic violence.
The police of Georgia as a rule is occupied only by those facts which have the explicit criminal-legal perspective- by the killing and heavy harming to the health and refuse to criminal proceedings on the facts of beatings, insults, sexual harassment and of kinds of violence according to the statements of the women considering them as a “private” case of the family members. We consider it necessary to carry out a full analysis of the criminal law of Georgia.
We deem it as well it substitutive to introduce in the Criminal Code of Georgia the notion “depending member of the family”. The violent criminals against depending members of the family should be qualified as criminals, fulfilled during the aggravating circumstances. We consider it necessary to introduce the administrative responsibility for the medical and the pedagogical workers who do not declare about the facts of violence in the family known for them. And of course it is necessary to enlarge the number of the shelter in Georgia and providing them with all necessary sources and specialist: psychologists, jurists, Social worker.