A/74/148
coercive control; economic violence; serious neglect; female genital mutilation;
“honour” crimes; trafficking of family members; child, early and forced
marriage; forced “conversion therapy”; and reproductive coercion.
76. States should ensure, as a matter of domestic law, that factors such as
culture, custom, religion, tradition or so-called “honour” shall not be considered
as justification or mitigating circumstance for domestic violence.
C.
Protective measures
77. States should dedicate sufficient resources towards establishing accessible
help lines, data-collection processes and intervention services capable of taking
prompt and effective measures with a view to protecting victims and potential
victims and their dependents from a real and immediate risk of domestic
violence.
78. In order to have an objective basis for designing relevant policies and
measures, States should collect relevant statistical data at regular intervals on all
forms of domestic violence; support research on all forms of domestic violence,
in particular with a view to examining its incidence and root causes and effects,
as well as the effectiveness of measures to combat it; and ensure that data
collected and research conducted on domestic violence are made available to the
public.
79. In order to ensure safe accommodation for victims and their dependents,
States should establish a sufficient number of accessible shelters across the entire
territory within their jurisdiction. Any accommodation of victims in detention
centres for their own protection from domestic violence must be exceptional,
temporary and subject to the victims’ free and informed consent for the entire
duration of such placement.
80. Where there is reason to suspect domestic violence but the perpetrator
cannot be arrested, States should issue and enforce strict compliance with
emergency “barring orders”, as well as court-mandated restraining or protection
orders, to prevent the perpetrator from approaching or otherwise contacting the
victim, subject to dissuasive sanctions.
81. States should regularly monitor all institutional and community-based
long-term care settings where people may be accommodated and cared for and,
where necessary and appropriate, should provide independent decision-making
support services, in particular for people with disabilities and older people.
82. States should develop and implement at all levels and in an adequate
geographical distribution comprehensive, coordinated policies and programmes
to combat domestic violence, including gender-sensitive training of public
officials as well as public education and awareness campaigns.
83. States should place the rights and needs of the victim, including the best
interests of the child, at the centre of all legislative, judicial and administrative
measures and implement those through effective cooperation among all relevant
agencies, institutions and organizations.
84. Under no circumstances should States expel persons to places where there
are substantial grounds for believing that they would be in danger of domestic
violence amounting to torture or cruel, inhuman or degrading treatment or
punishment.
19-11892
21/23
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