9.2 Services
“While there are some improvements in the area of legislation, challenges
remain particularly with … the lack of relevant services for women.”
SPC, 2015, ‘Beijing+20: Review of progress in implementing Beijing Platform for Action in Pacific
Island Countries
The due diligence standard, outlined in section 9.6.1, requires the State to take extensive steps to address
systemic and discriminatory violence, such as family violence. This includes the provision of shelter and
the acknowledgement by the Government that there is a need. Government’s failing to provide shelters
violates the human rights of those who endure family violence.94
“Given the resources available, the Government of Samoa will not be able to
establish shelters for victims of violence. Alternatively, it is using existing
mechanisms like care provided by extended families, church and community
leaders.”
Government of Samoa to the CEDAW Committee, 2017, Inquiry document 90
The statement by the Government above is highly illuminating and supports the suggestion that it is not
entirely serious about preventing family violence in Samoa. The assertion that it cannot afford to provide
shelters is untrue and sends a message that family violence is not perceived to be a significant problem,
thus reinforcing national acceptance of it as the norm. The Inquiry has already found that the savings from
addressing family violence would be in the millions and shelter services would be a self-funding part of
that process. The Inquiry consultations, which canvassed 1,500 representative of the population as a
whole, found that 85% view family violence as a priority issue. It is time the Government started to treat
it as such.
In addition to the lack of any services in relation to family violence such as shelters, family violence crisis
centres or rehabilitation programmes, the Government is conspicuous in its lack of efforts to provide
qualified counselors for victims and perpetrators of family violence. Professional counseling is essential in
rehabilitating victims of family violence, some of whom have endured horrific and sustained treatment at
the hands of their loved ones, and often compounded by a false belief that they are in some way to blame.
“Providing counseling and social services to victims and perpetrators of violence
can help to break the cycle of violence and help them better cope with and
recover from the health and mental health consequences of these experiences
including trauma symptoms.”
INSPIRE: 7 Strategies for Ending Violence Against Children, WHO, Inquiry document 48
94
In 2005 the CEDAW Committee heard the case of A.T. v Hungary and found the state had failed to act with due diligence in
providing the maximum protection of the law to victims of domestic violence (CEDAW/C/32/D/2/2003. Accessed at
http://hrlibrary.umn.edu/cedaw/decisions/2-2003.html). In coming to its conclusion the Committee pointed to the Hungary’s
own admission that domestic violence cases are not afforded priority in court proceedings as evidence of the state’s implicit
acceptance of such violence.
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