Currently, when we are gradually developing the country, trying to build a civilized society, somewhere around us there are still cases of domestic violence. Domestic violence is always a burning problem in society, it manifests in many different ways and leaves many great consequences. Children most affected are children. Violent acts are divided into many types, divided into different types depending on each person’s perspective: visible violence and invisible violence; violence against women and children… So about the matter “What are the manifestations of domestic violence in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on prevention of domestic violence 2007
What is domestic violence?
Domestic violence is an intentional act by a family member that causes harm or is likely to cause physical, mental or economic harm to other family members. Every day we see many situations that are considered acts of domestic violence.
Example: Violence in married life between husband and wife. It can be said that this is the most common domestic violence. The main and greatest husband’s behavior is physical violence such as beating or using many other ways to cause psychological harm to the wife: scolding, cursing, insulting honor.
Or domestic violence between children and parents is also increasing. In some cases, young people cause physical and mental harm to their parents due to lack of restraint, racing for damage or some other reasons.
Some others, when they have grown up and matured under the loving and nurturing hands of their parents, but neglect and do not take care of their parents, even more than beating, cursing and insulting those who have had merit. born and nurtured.
What are the manifestations of domestic violence in Vietnam?
Using force to assault or beat causing damage to life or health of family members.
Intentionally offending the honor and dignity of a family member, which may include:
+ Insults, curses, and scolds family members;
+ Revealing or disseminating documents of a family member’s private life in order to offend the honor and dignity;
+ Forcing family members to take off their clothes in front of many people or in public places;
+ Distributing leaflets or using media to offend the honor and dignity of family members;
Sexual violence, including:
+ Forced sexual intercourse; acts of violence in marital sex activities that the spouse does not want;
+ Forcing family members to witness the sexual activities of the person committing acts of violence against others;
+ Forcing the spouse of the violent person to live in the same house or to sleep in the same room with the lover of the violent person and the violent person;
+ Forcing family members to perform erotic acts, using aphrodisiac drugs;
+ Having acts of affecting the body of a family member who is not a husband or wife in order to sexually incite, or physically abuse that person for sexual purposes;
– Preventing the exercise of other rights and obligations in family relations between grandparents and grandchildren; between father, mother and child; between husband and wife; between brothers, sisters and brothers, including:
+ Preventing the right to visit and take care of family relations between grandparents and grandchildren; between father, mother and child; between husband and wife; between brothers, sisters and brothers;
+ Obstructing people who do not directly raise children to visit and look after their children after a divorce, unless the parents have restricted visitation rights under a court decision;
– Evading the obligation to care for and raise children; Refusing or evading the support obligation between husband and wife after divorce, brothers and sisters, between paternal grandparents, maternal grandparents and grandchildren in accordance with the law; Refuse or evade parental support obligations, child support obligations after divorce as prescribed by law.
– Forcing other people to get married, divorce or get married by torturing, ill-treating, mentally threatening or by other tricks; Obstructing other people’s marriage, divorce, voluntary marriage, progress by torturing, ill-treating, mentally threatening, claiming property or by other tricks.
– Abuse and mistreat family members, including:
+ Often causes harm to the health or mental harm of family members;
+ Mistreatment of family members such as: forcing them to fast, fasting, forcing them to suffer the cold, wearing torn clothes, not allowing or restricting personal hygiene, confinement in a place with a toxic or dangerous environment;
+ Forcing family members to commit illegal acts;
+ Neglect not to take care of family members who are the elderly, weak, disabled, pregnant women, women raising children;
+ Often threatens family members with images, animals and objects that he or she is afraid of;
+ Raising animals or planting plants that are harmful to the health of a family member at that member’s place of residence;
+ Forcing family members to watch, listen to and read depraved and horror cultural products;
+ Forcing family members to sell sex;
Thus, it can be understood that domestic violence must first and foremost be an act “intentionally by a family member and this act must” cause harm or is likely to cause harm, physically, mentally, economically to other family members. Behaviors can be expressed in the form of actions, such as torturing, mistreating, beating… the victims or inaction, such as indifference, neglect, neglect, cold war, etc. The behaviors are shown below. This type of action often directly infringes upon the life and health of the victim, and also causes mental harm to the victim.
Rights and obligations of victims of domestic violence
Currently, there are still many victims of domestic violence, but in reality, domestic violence victims do not understand their rights and obligations. Article 4 of the Law on Domestic Violence Prevention and Control stipulates the obligations of persons committing acts of domestic violence and Article 5 provides for the rights and obligations of domestic violence victims as follows:
Article 4. Obligations of domestic violence offenders
1. Respect the lawful intervention of the community; immediately put an end to violence.
2. To abide by decisions of competent agencies or organizations.
3. Promptly take the victim to emergency and treatment; care for victims of domestic violence, unless the victim refuses.
4. Compensate for damage to domestic violence victims upon request and in accordance with law.
Article 5. Rights and obligations of domestic violence victims
1. Domestic violence victims have the following rights:
a) Request competent agencies, organizations and persons to protect their health, life, dignity, other lawful rights and interests;
b) Request the competent agency or person to apply measures to prevent, protect or ban contact according to the provisions of this Law;
c) To be provided with medical services, psychological and legal advice;
d) To be provided with temporary shelters, to keep secret about the temporary shelters and other information according to the provisions of this Law;
đ) Other rights as prescribed by law.
2. Domestic violence victims are obliged to provide information related to domestic violence to competent agencies, organizations and persons upon request.
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Frequently asked questions
Pursuant to Clause 1, Article 2, the Law on Domestic Violence Prevention and Control 2007 provides for acts of domestic violence including:
a) Torture, mistreat, beat or other intentional acts infringing upon health and life;
b) Insults or other intentional acts that offend the honor and dignity;
c) Isolate, drive away or apply constant psychological pressure, causing serious consequences;
d) Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother and child; between husband and wife; between brothers, sisters and brothers;
d) Forced sexual intercourse;
e) Forced child marriage; forcible marriage, divorce or obstruction of voluntary and progressive marriage;
g) Appropriating, destroying, destroying or committing other acts intentionally damaging the private property of other family members or the common property of family members;
h) Forcing family members to work too hard or make financial contributions beyond their means; controlling a family member’s income to create financial dependence;
i) There is an illegal act to force a family member out of the residence.
Thus, if a person commits acts in one of the above cases, he/she shall be considered as a person who commits acts of domestic violence.
Research suggests that there are many potential causes of domestic violence, but all causes and risk factors have one thing in common: abusers want complete control over their spouses. . Some studies show that domestic violence occurs because of nature and surrounding environment.
Basically, abusers use violence to control others because they are influenced from a young age by family members, people around them and their cultural traditions.
Firstly: To further strengthen the work of information and propaganda of the Law on Prevention and Control of Domestic Violence, the Law on Gender Equality in order to raise awareness towards changing the behavior of all classes of people about domestic violence.
Gender equality education must be carried out right from the family to the school and society. Both genders must be aware of their rights and obligations in relation to family members.
Second: promote the good traditions of the family; the role of relatives. Maintain stability, unity and peace in the family; do well in conciliation of conflicts and disputes between family members.
Timely prevention and protection and support for victims of domestic violence; It is necessary to equip victims with knowledge to protect themselves such as: having a career, financial independence, education level, a sense of self-mastery and family, knowledge of maintaining family happiness. family, raising children…
Third: promote the implementation of the movement to build a cultured family and a civilized lifestyle; It is necessary to pay attention to building a cultural family and a cultural village, in which the criteria of no domestic violence, no abuse of alcohol, no gambling and drug problems, to recognize cultural families.
Conclusion: So the above is What are the manifestations of domestic violence in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
