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Title Domestic Violence in El Salvador
Author Inforpress Centroamericana
Synopsis The problem of violence against women is rooted in the patriarchal system of El Salvador.

Description DOMESTIC VIOLENCE IN EL SALVADOR

PREPARED BY INFORPRESS CENTROAMERICANA for INS Resource Information Center February 1999

INFORPRESS CENTROAMERICANA

Inforpress Centroamericana is a news and analysis service that provides strategic information for decision-makers working on Central American countries. Based in Guatemala City, Inforpress has 25 years of experience in economic and political analysis, providing in-depth coverage of events and trends in the region. In addition to publishing two weeklies, the Spanish-language bulletin Inforpress Centroamericana and the English-language Central America Report, Inforpress also publishes interactive investigations as a means of providing additional information to actors interested in understanding political, economic and social policies affecting the region.

PREFACE

The U.S. Immigration and Naturalization Resource Information Center requested documentation regarding the incidence of domestic abuse in El Salvador according to the following terms of reference:

1. Incidence of domestic violence

2. Incidence according to social class and economic status

3. Official attitudes toward and response to domestic violence

4. Societal attitudes toward and response to domestic violence

5. Governmental institutions providing assistance and protection (names and locations)

6. Non-governmental organizations providing assistance and protection (names and locations)

7. Reasons for abuse (traditional attitudes toward women, women who refuse to adhere to traditional expectations, male attitudes of possession and jealousy)

8. Ability to relocate - can a woman escape a husband or companion who wishes to harm her?

The following report is organized around the order of topics provided in the terms of reference.

TABLE OF CONTENTS

INTRODUCTION 1

INCIDENCE OF ABUSE 1

INCIDENCE ACCORDING TO SOCIAL CLASS AND ECONOMIC STATUS 2

OFFICIAL ATTITUDES AND RESPONSES 2

SOCIETAL ATTITUDES AND RESPONSES 3

GOVERNMENTAL INSTITUTIONS PROVIDING ASSISTANCE AND PROTECTION 5

NON-GOVERNMENTAL ORGANIZATIONS PROVIDING ASSISTANCE AND PROTECTION 5

REASONS FOR ABUSE 6

TRADITIONAL ATTITUDES TOWARD WOMEN, WOMEN WHO REFUSE TO ADHERE TO TRADITIONAL EXPECTATIONS, MALE ATTITUDES OF POSSESSION AND JEALOUSY 6

ABILITY TO RELOCATE 6

CAN A WOMAN ESCAPE A HUSBAND OR COMPANION WHO WISHES TO HARM HER? 6

LIST OF INSTITUTIONS CONCERNED WITH DOMESTIC ABUSE 6

GOVERNMENTAL INSTITUTIONS 6

NON-GOVERNMENTAL ORGANIZATIONS 7

INTRODUCTION

With an area of 21,000 square km, El Salvador has a population of 5.5 million, of which 51.4% are women, and 48.6% are men. From 1980 to 1992 the country was embroiled in a particularly bloody civil war. Urban poverty is 48%, while the rural level is 62%. Fewer women have jobs, making up just one-third of the 2 million people gainfully employed. Moreover, the illiteracy rate for women, at 30.2%, is higher than that of men, 26.5%.

The subject of violence against women in El Salvador is slowly coming out into the open, with more discussion in the national media and at the government level. Although this has brought some changes, more advances are needed to deal with the problem.

INCIDENCE OF ABUSE

The problem of violence against women is rooted in the patriarchal system of El Salvador. Violence is a form of domination, said Helen Van Acker of the UN Development Project (UNDP).

According to statistics from the Salvadoran Attorney General's Office, there were 394 reported cases of violence against women in 1998. More than a third of those cases involved domestic violence, while nearly a fifth were rapes. In two-thirds of all the cases cited by the attorney general, the attacker was the woman's partner.

Van Acker said that the attorney general's statistics do not reveal the seriousness of the problem, because many cases are not reported to the government. A significantly greater number of domestic violence cases are reported to non-governmental institutions. For example, the Virginia Guirola de Herrera Women's Studies Institute (CEMUJER) reported 353 cases in the first half of 1998 alone. About 42% of the cases involved battering, 25% sexual violence, 18% economic violence and 15% emotional violence. Celia López of the Méleda Anaya Montes Women's Movement (MAN) said many women do not report violence because of conflicting feelings. In one regard, they want the violence to end, but at the same time they are unwilling to turn in their partners. Moreover, there is pressure to maintain the myth of the stable family living in harmony. Even in cases of rape, women are reluctant to go to authorities, because the subject of sexuality is taboo in El Salvador. A common misperception is that most who commit violence against women do so under the influence of alcohol or drugs.

Enrique Valdez of the Salvadoran Government Institute for Women's Progress (ISDEMU) said that in more than 70% of the cases the attackers are completely sober. Another belief is that the problem of domestic violence is confined to the home and that there is only one victim. Doris Montenegro of CEMUJER reported that the children who witness the violence frequently become aggressive in school and have difficulty adapting.

INCIDENCE ACCORDING TO SOCIAL CLASS AND ECONOMIC STATUS

All of the non-governmental organizations (NGOs) interviewed agreed that domestic violence transcends social and economic classes. Nor does it have to do with educational level or social status. ISDEMU reports that offenders include judges, prosecutors, clergymen, congressmen, police officers and journalists. According to CEMUJER, 30% of victims that the organization assisted in the first six months of 1998 held a bachelor's degree, another 14% had studied at a university, and 21% had finished school.

In fact, official statistics show that nearly 60% of those victims were either studying or working outside the home. However, Van Acker said victims with a higher level of education are generally those who report the crime and seek help. So, the statistics may be deceiving. Moreover, discrimination against women limits their participation in the economic and social development of the community, said Ruth Polanco of the Association of Women for Dignity and Life (Las Dignas).

Cultural patterns passed from generation to generation continue to teach that the woman's place is in the home and the man's in the workplace.

In recent years, the workplace has been gradually opening to women, raising their self-esteem and assuring them that they have a legitimate place in society and deserve equal opportunities. However, a decline in economic growth has created few opportunities and many women find informal work with little pay and no benefits.

OFFICIAL ATTITUDES AND RESPONSES

The majority of initiatives in El Salvador to combat violence against women have originated with women's groups. These groups have demanded that the government address the problem with fixed policies. In 1993, ISDEMU was established in response to those demands. Pressure from women's groups has also resulted in the establishment of new laws or the reform of old ones. Congress approved the 1996 Law against Domestic Violence, to prevent and punish the abuse of women and children in the home. The law stipulates preventive measures such as promoting ethics in the schools, training civil servants to attend to victims, and establishing a publicity campaign to educate the public.

Other measures stipulated by the law are:

§ Restraining orders to prevent offenders from having contact with the victim.

§ Suspension of parental rights.

§ Court orders prohibiting the offender from consuming alcohol or drugs, or carrying firearms.

§ Relocation of the victim if necessary.

The Family Court is responsible for intervening in cases of domestic violence, while the state prosecutor and the National Civil Police (PNC) and other government institutions investigate them. The PNC has the power to intervene if it has information on domestic abuse, such as a complaint from the victim. The police are required to arrest the offender and issue a report to the courts, which must then decide whether to proceed with the case or seek reconciliation.

In other advances on the issue of violence directed at women, Congress amended the penal code in April 1998 to make sexual harassment and other forms of sexual violence crimes punishable by 2-6 years in prison.

Furthermore, El Salvador is signatory to international conventions against domestic violence. ISDEMU provides medical and psychological treatment for victims and offenders. The institute follows up on cases through a computer network in which each case is documented.

Despite these advances, the laws have not been enforced properly, according to non-governmental organizations interviewed. Judges have little experience with this type of litigation and bring their own prejudices to the bench. They often blame the victims and order them to change their behavior with respect to their partners, instead of the other way around.

The problem is the same with the police. The new domestic violence law stipulates the creation of a special police division to deal with the problem. However, the PNC has established only a broad Family Division, whose cases are of low priority. Sometimes the police do not even respond to complaints. According to López of MAN, legislators - and Salvadoran society in general - do not take violence against women seriously, as reflected in the penalties for sexual crimes of not more than six years.

SOCIETAL ATTITUDES AND RESPONSES

Some efforts are being made to change societal attitudes. For instance, in schools the state is trying to replace textbooks containing sexist language. In other areas, however, change has been more difficult. For example, women seeking employment are still often required to provide the results of a pregnancy test.

In practice, Salvadoran society continues to be very patriarchal, and traditional machismo cultural patterns persist. Girls are treated according to a different standard than boys in the home. Housework is reserved for girls, for example. In the countryside, girls are expected to accept a smaller portion of food, if there is not enough to go around, the idea being that the larger portion should go to the males, who are the providers.

In the workplace, women still have difficulty advancing to higher level jobs, and in some cases are still paid less than men for the same work, according to the Salvadoran Human Rights Ombudsman's Office (PDH).

Discrimination against women also extends to questions such as land ownership. At the signing of the peace accords in 1992, women guerrillas were hindered in their efforts to legalize lands given to all ex-combatants from the FMLN, as the peace accords referred only to men as heads of households.

Meanwhile, as more women enter academia, the incidence of sexual harassment in schools and universities is on the rise. Many cases have come to light in which male teachers or professors coerce female students into having sex with them, in exchange for passing courses. In spite of the continued obstacles, more and more women are coming forward to report violence, and many more cases are publicized than in the past.

Last year, a female employee at the José Simeón Cañas University of Central America (UCA) in San Salvador accused the video center director, Miguel Escoto, of sexual harassment. The case was settled out of court, but Escoto was required to apologize publicly to the victim and was dismissed from his job. In November, a lawyer working with a congressman charged him with trying to rape her. The case made national headlines and authorities are awaiting DNA tests on semen taken from an article of the woman's clothing.

Other instances cited by feminist groups of intransigent attitudes toward women are those found in religion and politics. They cite the continued opposition of churches to the decriminalization of abortion, for example. In politics, it is still difficult for a woman to be elected to high positions. In one case, some politicians discounted former Human Rights Ombudsman Victoria de Avilés as the presidential candidate for the opposition Farabundo Martí National Liberation Front (FMLN), because they doubt that a woman is competent to be chief executive. Currently, 10% of legislative seats are occupied by women. Feminist groups have demanded that political parties set quotas of 50% for women.

GOVERNMENTAL INSTITUTIONS PROVIDING ASSISTANCE AND PROTECTION

The official organization for the defense of women is the ISDEMU, which includes representatives of all the government ministries, the PDH, the PNC, the Attorney General's Office, as well as non-governmental organizations. The institution oversees the work of other governmental organizations, such as the Institute for the Protection of Minors, and monitors government programs set up to aid women. It has established a 24-hour hotline for victims of domestic violence.

ISDEMU's policies were established with the cooperation of some 80 NGOs. One of these - the San Salvador Social Planning Committee (Comité de Proyección Social para San Salvador) - operates a refuge for victims, called the Peace Shelter. The Committee was originally linked to the ruling Nationalist Republican Alliance (ARENA), because it was started when Mario Valiente was mayor of San Salvador for ARENA. When Valiente lost the mayoral election in 1997, the Committee moved to another ARENA office, and then became an independent NGO.

NON-GOVERNMENTAL ORGANIZATIONS PROVIDING ASSISTANCE AND PROTECTION

There are a dozen NGOs working directly with the problem of violence against women, most of them based in the capital. CEMUJER proposes legislation, publishes bulletins and takes out paid advertisements and provides assistance to victims with its own hotline. Las Dignas also proposes legislation, publishes a bulletin, and assists victims in reporting cases. They also provide support to the lesbian community. MAN and the Coordinator of Women's Organizations (COM) work with specific groups, for instance women working in maquilas, where labor laws are routinely violated.

Another organization, Flor de Piedra (Stone Flower), works with prostitutes, attending to cases of violence and working to prevent sexually transmitted diseases. The organization has held press conferences explaining the extent of the problem and denouncing violence against prostitutes.

REASONS FOR ABUSE

TRADITIONAL ATTITUDES TOWARD WOMEN,

WOMEN WHO REFUSE TO ADHERE TO TRADITIONAL EXPECTATIONS,

MALE ATTITUDES OF POSSESSION AND JEALOUSY

As mentioned above, intransigent attitudes contribute to the acceptability of violence against women. Van Acker of the UNDP said violence is so acceptable as a means of domination that men often claim it is their right, as they consider women to be their property. It is also generally accepted that the man in a relationship has the right to have affairs with other women. Suspicion of unfaithfulness on the part of the female partner is another flashpoint for violence. Doris Montenegro of CEMUJER said that a woman who tries to break out of the mold set for her by the patriarchal society is inviting aggression.

ABILITY TO RELOCATE

CAN A WOMAN ESCAPE A HUSBAND OR COMPANION WHO WISHES TO HARM HER?

Although ISDEMU claims it is making headway in breaking the cycle of violence in the home, experts say it is going to take more effort and time to solve the problem. Even in cases where the courts issue restraining orders, the victims often return to their abusive partners, or begin anew with another, said Ruth Polanco of Las Dignas. Pressure from the family, the church, the stigma of being a single mother, and economic burdens often leave women with few choices but to return to an abusive situation. There may be a pause in the violence during the time in which the court intervenes, but the pattern continues. The victim is demoralized by the ineptitude of the judicial system and is often resigned to her situation. The result is often that future violence is not reported.

LIST OF INSTITUTIONS CONCERNED WITH DOMESTIC ABUSE

GOVERNMENTAL INSTITUTIONS

Salvadoran Institute for Women's Progress (Instituto Salvadoreño para el Desarrollo de la Mujer - ISDEMU)

9 Av. Norte #120 San Salvador Tel. 271-3540 Hotline: 270-8000 Contact: Dr. Enrique Valdez

Attorney General's Office Women and Children's Unit

(Fiscalía de la Mejor y el Menor)

3 calle Poniente

Centro de Gobierno San Salvador

Tel.: 226-1699

Human Rights Ombudsman's Office (Procuraduría de Derechos Humanos - PDH)

9 Av. Norte y 5 calle Poniente

Edificio AMSA #535

San Salvador

Tel.: 222-7250

National Civilian Police

(Policía Nacional Civil - PNC)

Family Department

Col. Escalón

between 75 and 77 Av. Norte

#3934 San Salvador

Tel.: 264-6363

NON-GOVERNMENTAL ORGANIZATIONS

Association of Women's Organizations for a Culture of Peace (Asociación de Comité de Mujeres por una Cultura de Paz - CMCP) Calle Quetzal, pasaje 12 #105 Col. Centroamérica San Salvador Tel.: 260-2239 Fax: 260-1063 Contact: Zuleyma Argueta

Salvadoran Women for Peace (Organismo de Mujeres Salvadoreñas por la Paz - ORMUSA) Bulevar Universitario Col. San José Avenida A #235 San Salvador Tel.: 225-5007 Fax: 226-5829

Association for the Progress and Self-Determination of Women (Asociación para la Autodeterminación y el Desarrollo de la Mujer - AMS) Calle Guatemala pje 9 #10 Col. Centroamérica San Salvador Tel./Fax: 260-2239

"Flor de Piedra" Women's Association (Asociación de Mujeres "Flor de Piedra") 9 calle Oriente #920 San Salvador Tel./Fax. 222 3951 Contact: Deysi Roque

Women's Association for Dignity and Life (Asociación de Mujeres por la Dignidad y la Vida - Las Dignas) Calle Gabriela Mistral #224 San Salvador Tel. 224-4457 Fax. 226-1879 e-mail: dignas@es.com.sv Contact: Morena Herrera

National Salvadoran Women's Committee (Coordinadora Nacional de Mujeres Salvadoreñas - CONAMUS) Pje Las Palmeras #130 Urbanización Florida Bulevar de los Héroes San Salvador Tel./Fax. 260-2671 Contact: Alicia Salazar

Morena Virginia Guirola de Herrera Women's Studies Institute (Instituto de Estudios de la Mujer Morena Virginia Guirola de Herrera - CEMUJER) Urbanización La Esperanza Bulevar María Cristina #144 San Salvador Tel./Fax. 225-5810 email: cemujer@netcomsa.com Hotline: 226-5466 Contact: Alba Guirola

Women's Training, Research and Development Institute (Instituto de Capacitación, Investigación y Desarrollo de la Mujer - IMU) 27 Av. Norte #1144 San Salvador Tel. 226-0543 Fax. 226-3080 email: imu@es.com.sv Contact: Deisy Cheyne

Salvadoran Women's Movement (Movimiento Salvadoreño de Mujeres - MSM) 27 Av. Norte #1509 Col. Layco between 29 and 27 calle Oriente San Salvador Tel./Fax. 225 3537 Contact: Ana Isabel López

Mélida Anaya Montes Women's Movement (Movimiento de Mujeres Mélida Anaya Montes - MAN) 27 calle Poniente and 17 Av. Norte #1431 Col. Layco San Salvador Tel./Fax. 225-2511 Contact: Lorena Peña

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Document ID: 2856
This information brought to you in cooperation with CAVNET
(Communities Against Violence Network)