Ms Sharon Claydon MP
Australian Labor Party
By email:
Date: 11 August 2017
Australian Women Against Violence Alliance
Submission into the Labor Party’s National Conversation on Gender Equity
Thank-you for the opportunity to make a submission as part of the National Conversation on Gender Equity.
About the Australian Women Against Violence Alliance (AWAVA)
Australian Women Against Violence Alliance (AWAVA) is one of the six National Women’s Alliances funded by the Australian Government to bring together women’s organisations and individuals across Australia to share information, identify issues and contribute to solutions. AWAVA’s focus is on responding to and preventing violence against women and their children. AWAVA’s role is to ensure that women’s voices and particularly marginalised women’s voices are heard by Government, and to amplify the work of its member organisations and Friends and Supporters. AWAVA’s members include organisations from every State and Territory in Australia, representing domestic and family violence services, sexual assault services, and women’s legal services, as well as organisations representing Aboriginal and Torres Strait Islander women, young women, women educators, women in the sex industry and other groups. AWAVA's lead agency is the Women's Services Network (WESNET).
The submission reviews gaps in existing efforts to eliminate violence against women, and restates the view that gender inequality is a main driver for violence against women.
Table of Contents
1.Gender Inequality as a Driver for Violence against Women
1.1.The Feminisation of Poverty
1.2.Gendered Division of Labour
1.3.Pay Inequality
1.4.Superannuation and Pensions Inequality
1.5.Entrenched gender Stereotyping and Sexism
1.6.Representation of Women in the Media
1.7.Underrepresentation of Women in Leadership
1.7.1.Women in Leadership Roles
1.7.2.Intersection of Culture and Gender in Leadership Roles
1.7.3.Women in Media Leadership
2.Violence against Women
2.1.Family Violence
2.2.Sexual Violence
2.3.Access to Justice for Women and Children Affected by Violence
3.Violence against Women and Intersecting Inequalities
3.1.Aboriginal and Torres Strait Islander Women
3.1.1.Family Violence and Aboriginal and Torres Strait Islander Women
3.1.2.Sexual violence and Aboriginal and Torres Strait Islander Women
3.1.3.Child Protection
3.1.4.Aboriginal and Torres Strait Islander Women in Prisons
3.2.Women with Disabilities
3.2.1.Child Protection
3.3.Women from Culturally and Linguistically Diverse Backgrounds
3.4.Lesbian, Gay, Bisexual, Transgender, Intersex and Queer Communities
3.5.Women in Rural, Regional and Remote Communities
4.Women’s Experience of Homelessness and Housing Insecurity
5.Access to Services and the Unmet Demand
6.What Actions are Needed to Protect Women and Girls from Harassment and Violence?
6.1.Comprehensive Social Reform
6.1.1.Access to Education
6.1.2.Enhanced Residency Requirements for Pensioners
6.1.3.Social Security Payments
6.2.Evaluation, Monitoring and Adequate Funding under the National Plan to Reduce Violence Against Women and Their Children (The National Plan)
6.2.1.Establish an Independent Monitoring and Evaluation Mechanism
6.2.2.Increase Funding and Ensure Accountability and Transparency.
6.2.3.Establish a Meaningful and Ongoing Consultation and Engagement Mechanism as a Part of the National Plan to Reduce Violence Against Women
6.3.Funding for specialist women’s services
6.4.Funding for the National Women’s Alliances
6.5.Greater Commitment to Embed Gender Equality in all Government Processes and Policies
6.6.Respectful Relationships Education
6.7.Media Reporting on Violence Against Women
1.Gender Inequality as a Driver for Violence against Women
Violence against women is a manifestation of gender inequality and is directly connected to the unequal power dynamics between women and men and the widespread “adherence to rigidly defined gender roles.”[1] These gendered roles and stereotypes are neither natural nor based on biological realities; rather, they are socially constructed hierarchies that are “expressed institutionally, culturally, organisationally and individually.”[2] Gender inequality is prevalent, to varying degrees, in all societies throughout the world. Within Australia gender inequality can be demonstrated by a range of factors, including the following:
1.1.The Feminisation of Poverty
In 2011–12, 14.7% of all Australian women experienced poverty[3]. Women’s higher rate of poverty results from poorer employment opportunities, women’s over-representationin lower level positions, the gendered wage gap, women’s increased likelihood of performing unpaid caring roles and as a result women’s lower financial security in retirement.[4]In 2012, 38.7% of elderly single women compared to 33.8% of elderly single men were living in poverty[5].
1.2.Gendered Division of Labour
Women more than men are engaged in unpaid domestic work. Mothers spend on average twice as many hours (8 hours and 33 minutes) each week looking after children aged under 15, compared to fathers (3 hours and 55 minutes)[6]. Furthermore, Australian women account for 92 per cent of primary carers for children with disabilities, 70 per cent of primary carers for parents and 52 per cent of primary carers for partners.[7] The traditional division of labour means that women and men are more likely to work in certain industries and that female dominated industries generally provide lower salaries than male dominated industries.[8]
1.3.Pay Inequality
Australia’s gender pay gap is currently 23.1 %.[9] This pay gap results in men earning on average $26,853 a year more than women. The Workplace Gender Equality Agency (WGEA) reports that only 27 % of employers are conducting a gender gap pay analysis.[10]
1.4.Superannuation and PensionsInequality
The gender pay gap results in women having less superannuation when they retire. The median super balance for a woman in the 55-64 age group was $80,000 compared to $150,000 for men. This representsa super gender gap of 47%.[11]As a result, women are more likely to experience poverty in their retirement years and be far more reliant on the Age Pension.[12]
1.5.Entrenched gender Stereotyping and Sexism
Gender stereotyping impacts women and men; however, it has stronger implications for women as traditional gender stereotypes are underpinned by an assumption of women’s inferiority and have been developed to reinforce men’s positions of power and privilege. Plan Australia carried out a survey with 1000 young girls and women between the ages of 15 and 25 and found the impacts of sexism were extensive. Seventy-five percent of those surveyed had experienced sexist comments, 49% said that sexism affects their career choice and less than one percent wanted to take on a role in politics.[13]
1.6.Representation of Women in the Media
Research released in 2010 by the Global Media Monitoring Project found that only 13% of stories had women as a central focus and that women made up only 24% of news subjects. In addition to this the study found that only six percent of stories challenged gender stereotypes while 46% reinforced these stereotypes.[14]
Further, a study carried out by the Geena Davis Institute on Gender in Media found that only 28.3% of speaking characters in family films and 38.9% in prime-time programs are female.[15] The study also found that women are more likely to be sexualised by the media and are significantly more likely to be wearing sexy attire, to have exposed skin, be thin, and have their attractiveness referenced than their male counterparts.[16] Traditional values about women’s and men’s labour roles were also shown to be reinforced within the media.
1.7.Underrepresentation of Women in Leadership
1.7.1.Women in Leadership Roles
Women continue to be excluded from leadership roles and, despite making up half of Australia’s population, only 29% of our elected leaders are women.[17] In 2012, women made up only 3.5% of Chief Executive Officers and 12.3% of board directors within the top 200 ASX companies. Similarly, within the Australian Public Service women make up 57% of employees but only 39% of the Senior Executive Service.[18]
1.7.2.Intersection of Culture and Gender in Leadership Roles
The new report published by the Diversity Council indicates even smaller rates for representation of women from culturally and linguistically diverse backgrounds in leadership positions.[19]The actual number of women from culturally and linguistically diverse backgrounds who are ASX leaders is very small: only 15 of all 1,482 CEOs, 44 of all 2,327 senior executives, 188 of all 7,491 directors and 55 of all 1,350 CFOs. Women are moving into ASX leadership roles very slowly: Since 2004, the percentage has increased by 4% at most.
1.7.3.Women in Media Leadership
In Australia, in 2011 women comprised 36% of people employed in the film and video production sector and 29% in the post-production sector. The number of women directing feature films is another field characterised by female underrepresentation. This is reflected in the films released in theatres in Australia: of the top 250 films from any country at the Australian box office in 2014, only eight per cent were directed by women. Of the 21 Australian films in the top 250, 14 % were directed by women. Overall, 37 Australian feature films and documentaries were released in cinemas last year, and only 16% were directed by women.[20]
2.Violence against Women
2.1.Family Violence
It is widely recognised that family violence is an endemic problem in Australian society. In 2013 the Australian Bureau of Statistics (‘ABS’) reported that almost two million Australians have experienced partner violence since the age of 15, while just over one million Australians have experienced physical or sexual violence from another family member.[21] Australian police deal with 5,000 family violence matters on average every week, which averages to one matter every two minutes.[22] It has been recognised that family violence is a gendered crime with the vast majority of family violence perpetrated against women, usually by a man.[23]
In 2012 the ABS reported that 34% of women have experienced physical violence since reaching the age of 15.[24] Of those women, 62% had experienced violence by a male in their own home.[25] One in six women has experienced physical or sexual violence from a current or former partner, compared to one in 19 men.[26]
Australia’s National Research Organisation for Women’s Safety (ANROWS) has found that intimate partner violence is the leading risk factor for death, disabilityand illness in women aged 18 to 44 years.[27]On average, every week in Australia one womanis killed by her current or former partner.[28]
2.2.Sexual Violence
It is widely recognised that there is extensive under-reporting of sexual violence. TheAustralian Centre for the Study on Sexual Assault (ACSSSA) found that high non-reporting rates make it extremely difficult to estimate the prevalence of sexual assault and that “there is no single data source that is able to provide all of the information required to paint a detailed picture of the full extent of sexual assault and abuse in the Australian community …”.[29]
The ABS Personal Safety Survey found that 17% of women and four per cent of men had experienced sexual assault since the age of 15.[30]Ninety-three per cent of offenders are male and 70% of sexual assaults are committed by someone known to the victim[31]. Most commonly the perpetrator is a family member, close family friend, or a person with whom the victim works or attends school. Of the remaining 30% of sexual assaults most are committed by a person the victim meets in a social situation or goes out on a date with. Only one percent of sexual assaults are committed by a stranger. Fewer than one in five of those who are subjected to sexual assault will report the crime to the police.[32]
The criminal justice system remains the primary institution for responding to sexual violence offences and over the years there has been increased awareness that survivors/victims experiences of the criminal justice system must improve if they are to pursue and access justice for these crimes. As such, reforms have been made to sexual assault law and policy to redress some of shortcomings of the system to improve the situation of sexual assault survivors in the criminal justice system and to increase the low reporting rates and poor practices that lead to the unnecessary attrition of sexual assault cases.[33]
However, despite some advances, research indicates that these reforms have not translated into significant change at an operational level and shortcomings of the system continue to undermine and restrict survivors/victims ability to access protection, redress and justice for these crimes.[34] In many instances, institutional biases against survivors/victims of violence persists and survivors/victims are often re-traumatised and placed at a heightened risk of further violence when seeking protection through the criminal justice process. In addition, reporting rates remain low, attrition rates are high and low conviction rates persist. [35]
Recommendations
- We refer you to the AWAVA’s Sexual Violence issues paper for the complete list of recommendations.
2.3.Access to Justice for Women and Children Affected by Violence
The legal system is often a crucial part of women’s and children’s journey out of violence. But despite the National Plan including improved outcomes for women and children survivors of violence within the justice system, we are concerned that this is not being adequately prioritised and translated into practice. In August 2016, AWAVA released a policy brief on “Access to justice for women and children living with or at risk of violence”. This paper draws on existing literature and community sector knowledge - including the expertise of AWAVA’s members - to highlight some of barriers and shortcomings of the legal system for women and children experiencing violence. It also foregrounds some of the efforts needed to enable the environment necessary for access to justice to exist and many steps that could be undertaken to improve legal system’s responsiveness and establish stronger safeguards for women and children experiencing and at risk of experiencing violence.
Recommendations:
- We also refer to the AWAVA’s Submission to the Parliamentary Inquiry into a better family law system to support and protect those affected by family violence. We also recommend the implementation of Women’s Legal Services Australia’s Safety First in Family Law Five Step Road Map.[36]
- AWAVA restates its position in support of moves to criminalise the non-consensual sharing of intimate images in Commonwealth law. As outlined in our submission to the 2016 Senate inquiry into “the phenomenon colloquially referred to as ‘revenge porn’”:
the best protection in the Australian context will be achieved by a specific purpose Commonwealth law mirrored by consistent and uniform State and Territory laws. Penalties for the offence should be substantial, reflecting the harm caused and the need to deter potential offenders. The definition of the offence should recognise that there are cultural and other differences in understandings of what is intimate or sexual. It should also focus on the potential harm caused to the victim, rather than the intention of the offender, with culpability framed in terms of recklessness with regard to the likely impacts on the victim, rather than depending on intention per se, which can be difficult to establish.[37]
3.Violence against Women and Intersecting Inequalities
3.1.Aboriginal and Torres Strait Islander Women
3.1.1.Family Violence and Aboriginal and Torres Strait Islander Women
Aboriginal and Torres Strait Islander women are 45 times more likely to experience family violence than non-Indigenous women.[38]Further, their experiences of violence are likely to be more severe and to occur more often than for women from non-Indigenousbackgrounds. This results in Aboriginal and Torres Strait Islander women being 35 times more likely to be hospitalised as a result of domestic or family violence and up to 3.7 times more likely than other women to be victims of sexual violence.[39] A 2003 study of Aboriginal women in NSW prisons found that over 75% of Aboriginal women had being sexually assaulted as a child, just under 50% had been sexually assaulted as adults and almost 80% were victims of family violence.[40]
For Aboriginal and Torres Strait Islander communities, family violence exists within a complex social and interpersonal context. While a gendered approach may give some insight into the factors contributing to the higher levels of family violence, the high levels of family violence in Aboriginal and Torres Strait Islander communities is inherently linked to the ongoing impacts of colonisation, including the continued dispossession from cultural lands, the breakdown of traditional social, cultural and legal institutions and the ongoing experience of discrimination and marginalisation that results in significantly lower health, education and employment outcomes for Aboriginal and Torres Strait Islander people. The social and historical factors that are particularly pertinent for these communities include:
- Post colonisation impacts including dispossession of land, dislocation from family and culture due to forced removal of children;
- Disintegration of traditional family roles, particularly for men, as people were removed from traditional lands and families were urbanised;
- Exclusion from the education system due to its lack of cultural relevance;
- Exclusion from the employment market;
- Housing stress; and
- Welfare dependency and poverty
These factors increase the risk of Aboriginal and Torres Strait Islander women experiencing family violence. In addition to this, Aboriginal and Torres Strait Islander women’s experience of social and cultural marginalisation, racism, and lack of culturally sensitive services also act as barriers toaccessing support services.
With the introduction of cashless debit cards from the Department of Human services, new barriers emerge for Aboriginal and Torres Strait Islander women in the context of family violence. Anecdotal evidence suggests that with no access to cash, women are not able to leave violent relationships and relocate. Relocation to some regions may also trigger extended waiting periods for receiving social support payments.
Recommendations:
- We echo the position of the National Aboriginal and Torres Strait Islander Women Alliance (NATSIWA) on the need to have further cooperation between government, domestic and family violence agencies, sexual assault, Aboriginal Community Controlled Organisations, social workers, universities and legal services.[41]
- The Australian Government should ensure adequate and sustainable funding for Aboriginalcommunity-led organisations, Aboriginal Family Violence Prevention Legal Services, and the National Aboriginal and Torres Strait Islander Women Alliance.
- In developing new initiatives, the Australian Government should undertake a substantial gender analysis to ensure that proposed policies do not create further obstacles for disadvantaged women to live the life free of violence.
3.1.2.Sexual violence and Aboriginal and Torres Strait Islander Women[42]
Oppression in all of its forms is among the root causes of sexual violence. Sexual violence does not occur in isolation. Aboriginal and Torres Strait Islander women and children who are victims of sexual violence are affected by many forms of oppression, including racism, sexism, classism, ableism, with increasing evidence of the incident of sexual violence against people with disability. Some of these forms of oppression emanated from colonising factors of white supremacist privilege and ideals. These forms of oppression often compound the effects of sexual victimisation, exacerbating the trauma and isolation victims and survivors experience. Aboriginal and Torres Strait Islander women who live in poverty and those who are discriminated against are affected by sexual violence in devastating ways. In Aboriginal communities these deplorable acts against women and children are as a result of colonising behaviours, parental neglect, and government neglect.