Better protection for domestic violence victims

The Supreme People's Court, the All-China Women's Federation, the Ministry of Education and other departments have jointly issued a guideline document aimed at improving the effectiveness of the country's personal safety protection system and better protecting the legitimate rights and interests of domestic violence victims.

Since China's Anti-domestic Violence Law came into effect on March 1, 2016, the number of applications and issuance of personal safety protection orders by courts across the country has increased year after year. However problems exist. Some domestic violence victims dare not apply for personal safety protection, or personal safety protection orders are not always well executed. Besides, no punishment is given to those who violate a personal safety protection order.

The guideline document underlines the reporting obligation of civil affairs departments, medical institutions, schools, kindergartens and other relevant parties. It says that minors should be given special and priority protection and their personal dignity should be respected.

It puts forward the establishment of a diversified and integrated domestic violence victim assistance system and a cooperative work mechanism with various departments that can help form a joint force to protect the legitimate rights and interests of victims of domestic violence.

The guideline document also details the enforcement of the personal safety protection orders and the specific assistance provided by the enforcement departments, clarifying that if the respondent fails to perform or violates the personal safety protection orders, the applicant can apply to the court for compulsory execution. Public security organs, residents 'committees, villagers' committees, women's federations or other relevant units should render assistance to the court in their execution.

However, both the Anti-domestic Violence Law and the document only focus on domestic violence between family members and people living together other than family members, and not violence committed by other subjects including former spouses. This undoubtedly affects the personal safety protection system. It is necessary to apply personal safety protection to specific subjects such as former spouses and former cohabitants.