Times of Malta recently reported that the Maltese courts have awarded €5,000 in moral damages to a survivor of domestic violence after it ruled that the repetitive failure by the police to protect her was in breach of her fundamental human rights.
As the coronavirus crisis continues, many professionals working in the area of domestic and gender-based violence are asking whether enough is being done to tackle new risks, provoked by the pandemic. However, the courts’ ruling is a stark reminder that, even before this unprecedented situation, victims could not rely on the state to adequately uphold their basic rights.
The situation is further compounded by the soaring incidence of domestic violence, on a global scale, linked to lockdown measures. Britain is registering a 25 per cent increase in helpline calls since lockdown began while the French authorities reported a rise of more than 30 per cent in the country’s domestic violence cases in the first week of the lockdown. It would be ill-advised to assume that the situation in Malta will not reach the same critical levels.
As people are increasingly unable to leave their homes and get away from their abuser, and regular routines for work, education, exercise, entertainment and socialising are disrupted, so too are the vital networks of support that provide opportunities for care and safety. These changes are increasing families’ vulnerabilities to domestic violence, elevating levels of stress and anxiety as well as creating a toxic sense of confusion and dread.
When people feel powerless in one area of their lives, the tendency is to establish more power over other areas. This is particularly dangerous in domestic violence situations because domestic abuse is, at its core, an effort by one partner to dominate and establish psychological, emotional, physical and sexual control over the other partner.
It still remains unclear how much time people will need to be in relative isolation or when they will be able to work, socialise and regain control over their own lives. Therefore, the coronavirus outbreak, and its multiple variables, presents a far different challenge to other emergency situations. It comes as no surprise that this is leading to increased abuse in vulnerable homes. Households that were unhealthy environments but not necessarily violent may be pushed to breaking point and violence levels are set to rise in homes that are already violent.
Even the healthiest people are facing additional struggles due to extended isolation and radically shifting routines. Many abusers lack the emotional resources and coping skills to handle these high-pressure changes, further exacerbating pre-existing conditions.
Acknowledging that the national response to domestic violence has been lacklustre at best and that resources are already being stretched in multiple directions is a necessary step to identify and address lacunae in the system. The lack of adequate police intervention, highlighted by the court, is one such lacuna, which makes the decision to open the hunting season, and further stretch an already beleaguered police force, all the more outrageous.
As the court’s recent ruling has proven, the system has failed and has failed grievously.
It now falls on the authorities to manage the country’s limited resources in such a way as to ensure that families under threat of domestic violence are supported and protected. We can demand nothing less if our authorities are to effectively uphold the fundamental human rights of each individual and family in the Maltese islands.