‘Serious shortcomings’ in how women and children are protected from violence – report

Serious “shortcomings” in how women and children in the State are protected from violence and murder are identified in a Council of Europe report published on Monday.

The report, from the council’s group of experts on violence against women (known as Grevio), says “urgent improvement is needed” in legislation, the courts, data-collection and schools to ensure women and children are protected.

Coming days after the conviction of Jozef Puska for the murder of Ashling Murphy in January 2022, the 117-page report urges the introduction of a review mechanism of all gender-based killings of women to prevent further deaths, keep women safe and hold all actors and agencies involved in their cases to account.

This is Grevio’s first evaluation of Ireland since ratification of the Istanbul Convention on combating violence against women in March 2019. It draws on findings from a five-day visit in February when the group met Government, frontline services and other experts.

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Grevio welcomed the third National Strategy on Domestic, Sexual and Gender-Based Violence adopted in June last year; the establishment by gardaí of protective services units in each division, and “important legislative developments” including criminalising female genital mutilation, coercive control and forced marriage, and adopting a definition of rape based on the lack of consent. However, it raises concern about what is happening to women and children, who have experienced violence, in the family law and criminal courts.

Despite a legal requirement that family law judges take into account domestic violence when determining child custody and access, they and their court-appointed experts “often fail to ... including in cases in which the perpetrator has been convicted for acts of violence against the victim and/or her children”, it says.

“Grevio observed insufficient training of judges on domestic violence ... as well as the problematic use of the concept of ‘parental alienation syndrome’” by experts “with a view to minimising or ignoring the violence perpetrated.”

It was “equally concerning” that mothers experiencing domestic abuse risked having their children removed into care as social workers and courts blamed them for being unable to protect them from violence.

Grevio’s concerns echo those in a National Women’s Council and Department of Justice report published in May.

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In the criminal courts, “victims ... who testify” report “experiencing secondary victimisation”, says Grevio.

“Victims have reported feeling the severity of the violence was being dismissed and/or questioned by those in the criminal justice system, including judges. Reports also point to instances of negative attitudes of judges towards certain vulnerable groups, such as Roma and Irish Traveller women.”

The report notes “application of lenient sentences in cases of domestic violence and sexual violence/rape, including the tendency of courts to rely on suspended or conditional sentences”.

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Concerns about “an ineffective judicial response to domestic violence, sexual violence/rape, stalking, digital violence, sexual harassment, FGM and forced marriage ... must be urgently addressed”, it says.

On data collection – crucial for an accurate measure of gender-based violence and robust responses to it – “Ireland is significantly lagging behind” and “data collected by state agencies, departments and specialist support services are insufficient [and] disjointed”.

The legal obligation on therapists and support services to share a rape or assault victim’s therapy and counselling notes with the courts when requested by defence or prosecution, may discourage victims seeking support and “these organisations may – paradoxically and unintentionally – contribute elements that can be used ... by the defence to discredit victims”. This should be “removed without delay”.

Insufficient domestic violence refuge beds means victims “may find themselves with no option but to remain at home with the perpetrator”, says the report.

In education the group says “more must be done to ensure that schools teach [sex, personal and relationships education] regardless of the school ethos”. It calls for extension and strengthening of perpetrator programmes throughout the State and in custodial settings. These aim to challenge perpetrators and change their attitudes, beliefs and behaviours.

Noting Ireland’s history the report says the “legacy” of impunity for violence against women “perpetrated in public institutions is endured to this day by thousands of victims”.

“No policy action on violence against women would be complete without addressing in full the abuse perpetrated, including its persisting effects,” it says and recommends survivors of Magdalene laundries and mother and baby homes be provided “with the necessary support services, including specialist and long-term psychological support to facilitate their recovery”.

Their rights should be “enshrined in law” and their access to justice be facilitated, says Grevio.