性別平等联合行动联盟（Joint Action Group for Gender Equality，JAG）表示支持吉隆坡推事庭发布给家暴幸存者 Emilia Hanafi 一份保护令的裁决。该裁决强调了执法当局必须更积极主动地保护妇女和儿童免受侵犯。 国会通过 1994年《家庭暴力法案》以保护家暴幸存者，避免她们继续被加害。因此，法庭必须实践国会通过此法案的用意，执行保护令以避免更多家暴的发生。 2016年5月20日，吉隆坡推事庭颁发了一份保护令给 Emilia Hanafi 以保护她再度被前夫家暴。然而，她的前夫却向法庭申请搁置撤销该保护令。 2016年12月22日，推事法官 Zuhair Rosli 驳回前夫搁置保护令的申请，并确认该保护令将有效至2017年5月。法官的裁决是根据律师呈上的证据：包括三份警察报告和福利局的家暴报告，判断Emilia需要被保护。 根据推事法官 Zuhair的裁决显示，法庭会将警察报告及其他相关事项纳入考量，再决定是否颁布保护令给予受害者。而颁布保护令的决定性因素取决于施暴者再度施暴的机率。 推事法官Zuhair根据警方报告指出，即使Emilia 的家人试图在该暴力事件中保护她免受前夫暴打，她依旧因为该次暴打而造成严重的心灵创伤。因此，Emilia需要保护令来保护她免受伤害，其中也涵盖了情绪上的暴力。 这些法庭公文，包括在调查家暴案件时所颁布的临时保护令(IPO)，和在施暴者被控告上庭后所颁布的保护令(PO)，是为了向幸存者保证执法当局会针对持续性的暴力采取法律行动。IPO 和 PO 并无意侵犯施暴者的权利，因为相关的保护令只是保护家暴幸存者免受进一步的暴力。没有任何人有权利侵犯或欺压任何人。…
Women’s Aid Organisation (WAO) refers to the news report “These women deserve their husbands” (The Sun, 8 April 2002). WAO strongly opposes the claim by Tan Sri Mahadevan that women chose to stay in an abusive relationship because they deserve each other, or because they exist in a sado-masochistic relationship. It is absurd to claim that women are willing to be hurt over and over again in an abusive relationship simply because she is a masochist. This displays a serious lack of understanding on the dynamics of domestic violence and it is both frightening and dangerous when myths like this continue to be perpetuated by professionals in their capacity as experts on mental health.
Such statements can have grave and far-reaching effects of endorsing wife battering as legitimate in certain types of relationships. Domestic violence is a crime. It needs to be stressed that no one, for whatever reason, deserves to be battered.
Domestic violence occurs because of the offender (usually the men) chooses to use violence to attain power and control over their partners. This is the single factor underlying all cases of domestic violence, as in the three cases reported in the news report. This usage of violence is then apparently sanctioned because of the inequality that exists between men and women in society and in the family. Even if the women is economically equal or superior to her partner, she is still expected to place her husband’s needs as the centre of her life and she to fulfill her traditional stereotyped gender roles. This is also known as the ‘good woman’ ideology, in which women have been instructed and socialised to be docile and to accept male aggression and violence. They are socialised to feel ashamed and guilty about failing to fulfill their traditional duties as an obedient wife and a mother, as well as about ‘breaking up the family unit’. This ideology can trap a woman to stay in an abusive relationship even though they have the monetary ability to walk away. Couple this with the years of psychological abuse and the numbing fear of escalating violence, how can a woman leave?
Therefore, it is all the more important that the public are informed accurately and in more depth on the issue of domestic violence to eliminate this form of violence. Everyone needs to state their non-tolerance on violence being used as a tool to control, and to provide support to victims to enable them to leave when the violence happens.
Women’s Aid Organisation