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Journal of Family Violence
Published in: Journal of Family Violence 2/2018

01-02-2018 | Original Article

“All the System is Simply a Soap Bubble”: Legal Help-Seeking for Domestic Violence Among Women in Kyrgyzstan

Authors: Saltanat Childress, Darald Hanusa

Published in: Journal of Family Violence | Issue 2/2018

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Abstract

This paper examines limitations in how law enforcement and public health systems respond to domestic violence in Kyrgyzstan. Findings from interviews with domestic violence victims show that these women are subject to ineffectual practices and negative attitudes that tend to minimize domestic abuse and disempower victims. The findings reveal several problematic issues: inconsistencies in the implementation of the law, impunity for abusers because of both personal attitudes and social affinities between the police and abusers, ineffective enforcement of protective orders, and superficial processing of domestic violence cases by the legal system. Additional barriers to help-seeking include a lack of institutional support and guidelines for offering mental health services for victims as well as a scarcity of housing, childcare, and employment opportunities for women seeking to break the cycle of abuse. The findings underscore the need for society-wide changes in attitudes toward domestic violence, stricter mechanisms for enforcing the law, and mandatory training for service providers to facilitate the provision of more accessible and affirmative support to victims.
Footnotes
1
According to the National Statistical Committee (2017b) and the Ministry of Internal Affairs (Eurasia Information Analytical Center 2013), the average salary for neighborhood police officers is approximately 15,000 Kyrgyz Soms (KGS) or about $218 per month. According to the World Bank Indicators (2016), gross national income per capita is $1,100 per year, or approximately $90 per month.
 
2
In this study, the term “bride-kidnapping” refers to non-consensual abduction for marriage (Kleinbach et al. 2005). Kyrgyzstan’s Criminal Code’s (1997) articles on abduction (Art.123) and illegal deprivation of liberty (Art. 125) forbids forced marriage of any kind, whether or not it includes abduction. In response to public pressure to take action against bride-kidnapping, in 2013 the government increased Criminal Code penalties for bride-kidnapping up to seven years of imprisonment, and up to 10 years when the abductee is under age 17.
 
3
The primary author is fluent in all three languages used in the shelter and in this study (Kyrgyz, Russian, and English), and Kyrgyz is her native language.
 
4
The inclusion criteria were based on the assumption that women in a shelter setting were likely to have more intensive and direct experience with domestic violence, which would make it more convenient for them to reveal and reflect on the meaning of the experiences to them.
 
5
According to the National Statistical Committee (2017a), the minimum age for marriage stipulated by the Family Code of the Kyrgyz Republic is 18 years old. The average age at first marriage among Kyrgyz women is 23.6 (National Statistical Committee 2016); however, in some regions, women tend to marry at a younger age, which could be associated with bride-kidnapping and the practice of unregistered underage customary marriages (“nikah”) in rural areas, especially in the south of the country (ADB 2005, p. 48).
 
6
Excluded participants were considered distinct populations which this study did not intend to address, and therefore, were considered outside of the scope of this study. Although domestic violence among different groups may share many commonalities, the issues and interpersonal dynamics that are unique to social realities of these groups may affect coping and help-seeking behaviors of the women (Yick 2008).
 
7
Bridal curtains hung across the room, where women must stay for several days before they can go out of the house.
 
8
Unlike other assaults, criminal penalties are usually not applied in cases of domestic violence unless the woman is killed or near death. Only serious injuries, defined as “suffering through systematic beatings or through violent means” fall within the application of the criminal code (Human Rights Watch 2006).
 
9
Public advocate, usually a government official who hears and investigates complaints by private citizens against other officials or government agencies.
 
10
Women who experience domestic violence must first obtain a referral from the local police authorizing them to receive an official medical examination from the Office of Judicial Medical Expertise (forensic medical expertise). Following the medical examination by the OJME, the victim is issued a certificate authenticating the nature, severity, and cause of the injuries. Only medical evidence that has been certified by the OJME may be submitted as evidence in court. The OJME certificate is submitted to the local police who then register a legal complaint and begin legal proceedings against the alleged perpetrator (Ahart, 2006).
 
11
According to the Law of the Kyrgyz Republic on Protection from Family Violence (2017) (the revised version of 2003 LSLPDV, dated April 27, 2017 No. 63), Art. 12, Item 2, public health professionals “shall inform agencies of internal affairs about the facts of seeking medical help by victims of domestic violence and the facts of providing medical assistance with the informed consent of the victims within 24 h of the moment of seeking such assistance. In case of violence inflicted upon under-age persons or persons who are admitted incapable, internal affair bodies shall be informed without the informed consent.”
 
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Metadata
Title
“All the System is Simply a Soap Bubble”: Legal Help-Seeking for Domestic Violence Among Women in Kyrgyzstan
Authors
Saltanat Childress
Darald Hanusa
Publication date
01-02-2018
Publisher
Springer US
Published in
Journal of Family Violence / Issue 2/2018
Print ISSN: 0885-7482
Electronic ISSN: 1573-2851
DOI
https://doi.org/10.1007/s10896-017-9945-0

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