By Paul Vartan Sookiasian
An overhauled version of Armenia’s domestic violence law went into effect Monday, a landmark move that the bill’s author and women’s rights advocates told CivilNet represents a crucial step toward combating gender-based violence in the country.
As a result, advocates told CivilNet, many more people experiencing domestic violence in Armenia will have protection under the law and gain access to sorely needed resources.
It marks the first time any significant changes have been made to Armenian domestic violence legislation since the original law was passed in 2017. The new package of amendments is the product of years of deliberation and close consultation among law enforcement, prosecutors, and civil society.
What exactly has changed?
One of the most substantive and groundbreaking changes is the introduction of the term “intimate partner” to Armenian law.
Previously, domestic violence laws applied only to spouses, and so a person would need to be in a registered marriage to be seen as a victim. Crucially, this meant couples who are dating, people in common-law marriages, and same-sex partners were not covered.
Zaruhi Batoyan, a lawmaker from Armenia’s ruling Civil Contract party who co-authored the updated law, told CivilNet introducing more inclusive terminology was “another opportunity to talk to our society and clarify that any legislative change concerns all our citizens, regardless of their social origin, sexual orientation, political position, and so on.”
In addition, the new law increases penalties for crimes motivated by sex, among other protected categories, which will be seen as an aggravating circumstance in prosecutions. It introduces stalking as a crime for the first time, and considers repeated offenses individually, rather than as a single count. It more fully defines physical, sexual, psychological, and economic violence.
Significantly, the law now bans virginity testing, a practice that is now on the decline in Armenia, but still has historical roots in the country.
The law also makes historic steps toward ensuring the protection of the victims’ health and safety. Abuse victims will have the right to free and preferential health care and services in order to address any issues caused by violence. Children who witness domestic violence are will be considered victims as well and able to qualify for those same protections and services.
In addition, domestic violence shelters are now mandated to accommodate victims with disabilities, and having a disability will be classified as an aggravating circumstance in legal proceedings.
The law updates police practices when intervening in cases of domestic violence, such as having the officer wait for the victim to collect their personal belongings before leaving their residence. It no longer actively encourages police and shelters to focus on reconciling victims to their partners, a centerpiece of the old law.
Registered perpetrators of domestic violence are now barred from holding weapons licenses and will have any weapons in their possession taken away.
What’s the context?
For decades, Armenia lacked any domestic violence legislation whatsoever, and parliament passed the original law less than a decade ago following sustained grassroots advocacy and pressure from the European Union.
Backlash against the reworked version of the law is far less organized or noticeable compared to the outcry over the original legislation, which opponents warned at the time represented the imminent “collapse of the traditional Armenian family.”.
What comes next?
Though advocates welcome the new law, they argue more should be done to ensure survivors of abuse are sufficiently protected by law.
One potential shortcoming is the critical issue of enforcement.
“We must work to properly inform the public about the changes and law enforcement agencies must be trained, as they are the first to deal with it,” lawmaker Batoyan stressed.
Still, advocates whom CivilNet spoke with hailed the new law as a dramatic improvement to the existing legal framework.
“The amendments are firmly rooted in our survivors’ lived experiences. As a women’s center on the front lines of this work every day, we saw what was lacking in the legislation, because we have continually had cases where legal gaps led to someone not having access to justice,” explains Ani Jilozian, director of development at the Women’s Support Center in Yerevan, which was instrumental in helping draft amendment.
“If implemented properly, these changes can lead to enhanced protections for victims and stricter sanctions for perpetrators, in essence sending the message to the public that domestic violence is a serious crime,” she continued.
