Violence Against Women
Baroness Gould of Potternewton Excerpts(11 years ago)
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Baroness Gould of Potternewton
Asked by
To ask Her Majesty’s Government what steps they are taking to address violence against women in countries experiencing conflict.
Baroness Gould of Potternewton (Lab)
My Lords, it is a tragedy but a reality that violence against women and girls, be it sexual assault, domestic violence, FGM or forced marriage, is seen by far too many women as part of normal existence. In discussing the question of rape as a weapon of war, I want to concentrate on sexual violence in conflict, although the other issues around violence against women are extremely important.
The United Nations Security Council has declared that the use of rape and sexual violence as a weapon of warfare is a threat to international peace and security and it has passed several resolutions mandating states to take specific measures to end impunity for war rape and to address gender inequality. The question that must be discussed today is what the result of these initiatives is. At this point, I must declare an interest as co-chair of the UK branch of the Global Justice Center.
Rape as a particularly serious form of sexual violence qualifies in international law as a form of torture designed to destroy communities through terror and humiliation. As a weapon it is used more than any other prohibited weapon of war, including starvation, herbicides or dum-dum bullets, yet somehow the degradation and sexual assault of women are not seen as such a significant crime and worthy of prosecution. It can be extremely violent and dangerous. It is psychological warfare designed to humiliate and it is used systematically as a tactic of war.
Girls and women are now at a high risk of physical, sexual and emotional violence from regular soldiers, non-regular army groups and militia, and non-combatants. This risk is compounded by the breakdown of structures of authority, displacement, and the rupture of communities and their coping strategies. Women and girls are often the most vulnerable when humanitarian emergencies occur, but they are often not accorded enough priority by donors at the onset of a humanitarian crisis. It must also be understood that women are not a homogeneous group. Attention has to be given to the fate of the large number of widows, for instance, and their children, as well as all women at risk.
Sexual violence has wide-ranging negative consequences: physical trauma, disease, HIV/AIDS, psychological trauma, unwanted pregnancy, maternal mortality and the risks of resorting to non-sterile or unsafe methods of abortion, thus perpetuating the physical and psychological effects of the injury. The horror of rape can lead to severe health implications or death. In many societies, the shame of rape is a burden for the survivor, causing the woman to become a social outcast and frequently obliging her to leave her family and community, which may lead to poverty and often to prostitution.
Whether it is in the iconic square in Cairo, or during the 100 days of the Rwandan genocide, when it is alleged that 400,000 women were raped, or in Bosnia, where it is estimated that 200,000 to 250,000 women were raped—with only perhaps 50 prosecutions, I should add—or in the Central African Republic, where campaigning militia and government forces alike continue to rain terror over the population by the systematic use of rape, even though a hearing is being conducted against a military commander, the war rape continues, and women and girls made pregnant by such rape are denied access to abortion due, directly or indirectly, to the US abortion ban on humanitarian aid. There is evidence that in Libya, in 2011, Gaddafi deliberately used rape as a punishment. Today, in Colombia, sexual violence is perpetrated by armed actors, both state and non-state, but it is the state security forces’ involvement in sexual violence that has a particularly devastating effect since those forces are mandated to protect the Colombian population. A woman from Colombia said to me, “Their uniforms should symbolise security, discipline and public service, but instead they symbolise the fear of rape”. Amnesty International reported the terrible situation of women in Syria in fear of sexually based violence fleeing to camps where they cannot go out at night because of that continuing fear of sexual violence, when they thought that they were going to safety.
Girls and women raped in situations of armed conflict are considered the wounded and sick. That means that they have absolute rights to non-discriminatory medical care and attention under Common Article 3 of the Geneva Conventions, which states that no adverse distinction should be made on any grounds other than medical ones. However, because of the restrictions placed on the use of aid for the purpose of abortion, non-discrimination might signify that the outcome for each gender must be the same, but the treatment is not and should not be identical. Consequences—most notably pregnancy—necessitate distinct medical care, including the option of abortion. Denying abortion to female victims of war rape who are forced to bear the children of their rapists violates Common Article 3, the prohibition against torture and cruel treatment.
The UK’s partner of choice for humanitarian aid to persons wounded or sick in armed conflict is the International Committee of the Red Cross. Despite the UK’s explicit policies on safe abortion and gender equality, the ICRC, which receives more than 20% of its annual budget from the United States, operates under the US abortion ban, stating in its internal operational guidelines that,
“the ICRC’s general position … is that its medical staff do not perform abortions”.
The ICRC further advises that such medical care is governed by domestic abortion laws, not the medical needs of the patient as required by the Geneva Convention. Nearly all of the UK’s humanitarian aid for victims of armed conflict is given to humanitarian aid entities that discriminate against female rape victims by denying them medically needed abortions.
This is in no way to diminish the important role that the Government have played in highlighting this crucial issue. It was encouraging to hear this statement in the Queen’s Speech:
“My government will work to prevent sexual violence in conflict worldwide”.
They have increased efforts to tackle this issue through the Foreign Secretary’s preventing sexual violence initiative, which aims to increase the number of perpetrators brought to justice and is signed by 120 member states. Perhaps the Minister can update us on what progress has been made on that initiative. Importantly, it was supported by the G8 Declaration on Preventing Sexual Violence in Conflict this year and I am sure that we all look forward to the outcome of the proposed global summit.
Resolution 2122, which supports abortion access for survivors of rape in war, noting the need for,
“access to the full range of sexual and reproductive health services, including regarding pregnancies resulting from rape, without discrimination”,
is in line with the Government’s announcement on 9 January this year that the option of abortion is a necessary component of medical care for women and girls impregnated by war rape. This resolution represents a step forward in recognising the rights of female victims of war, so my question to the Minister has to be whether this policy has now been incorporated into relevant DfID policies. Has there been a revision of the safe and unsafe abortion practice paper that limits the provision of DfID support for abortion services strictly to situations where abortion is legal under national laws? Those actions are vital if we are to make change happen.
Further initiatives that might be followed by the Government are to remove any barriers to the implementation of the important Security Council Resolution 2106 by the UK making a bilateral request for the US to remove its abortion ban on humanitarian aid and publicly to support access to safe abortions for female war victims. How do the Government intend to follow through the recommendation of the House of Commons Select Committee on International Development that all UK aid partners should inform girls and women raped and impregnated in armed conflict of their rights under international humanitarian law, including their right to abortion as a component of non-discriminatory medical care? The UK has the power to ensure that its aid complies with the Geneva Conventions and the Security Council resolutions.
Effective responses to sexual and gender-based violence have to ensure medical, psychological and material support, as well as access to justice for survivors. This requires strong political commitment and leadership at both national and global levels. If we are to look forward to the future, we really have to see a reduction, if not the elimination, of these terrible atrocities against women and girls.
Marriage (Same Sex Couples) Bill
Baroness Gould of Potternewton Excerpts(11 years, 5 months ago)
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Baroness Stowell of Beeston
My Lords, in moving Amendment 86, I will speak also to the other government amendments in this group. I am pleased to have this opportunity to talk about a group affected by the Bill who are often overlooked in our debates—that is, those men and women who are transgender. I would like to put on record my thanks to all those who have sent me many e-mails over the past few days.
This Bill will, for the first time, enable couples who wish to remain married when one spouse obtains gender recognition to do so. This is a welcome development for transpeople who have in the past been faced with the difficult choice between obtaining gender recognition or staying in their marriage. Although the Government do not believe that it is justified, I none the less understand that there is a real fear among some transpeople that the Bill will allow their spouse to veto their attempt to get a full gender recognition certificate, if they do not wish to remain married.
I have listened very carefully to the views that have been expressed in Committee and in meetings with noble Lords about this issue. Indeed, I am very grateful to the noble Baronesses, Lady Thornton and Lady Gould, and to my noble friend Lady Barker, who made time to discuss their concerns with me in some depth. Having done so, I am grateful for the opportunity, through Amendments 87 and 88, to make clear that all the non-trans spouse is being asked to give their consent to is whether they wish to remain married if their spouse changes their legal gender.
It is important to explain why this consent is needed, because some people have questioned why the consent of a non-trans spouse is needed in these circumstances. The reason is this: a party to a marriage obtaining gender recognition is a life-changing decision for the applicant and their spouse. The marriage will no longer be contracted between a husband and a wife of the opposite legal gender, which is why it is right that both spouses have the right to agree to a proposal to change the terms of their marriage before the change takes place.
Regardless of the non-trans spouse's view about the future of the marriage, the applicant is still able to get their gender recognition. Transpeople whose spouses do not give their consent to remaining in the marriage will be in the same position as they are now: it will be open to either spouse to commence proceedings to end the marriage before the full gender recognition certificate is issued. I am very pleased to table these amendments, which I hope will put it beyond any doubt that a spouse will never be able to veto a trans applicant’s ability to obtain gender recognition. I hope that these amendments, which make it clear what both parties to the marriage are agreeing to, will allay the concerns that have been expressed. I commend these amendments to the House.
As to Amendments 86, 89 and 133, I said in Committee that the Government have been considering carefully what can be achieved within the scope of this Bill to assist transpeople who made their transition to their acquired gender a long time ago but have not applied for gender recognition up to now because they would have had to end their marriage. The Bill now gives such people the opportunity to obtain gender recognition while remaining married, if their spouse is content for the marriage to continue. However, applicants who made their transition a long time ago may find it difficult to obtain the required medical reports from gender dysphoria specialists.
These amendments will assist such applicants by making the new fast-track procedure available to transpeople who are or were in protected marriages or civil partnerships and who transitioned six years prior to the commencement of these provisions and by reducing the amount of medical evidence they will be required to submit to the gender recognition panel. Such applicants for gender recognition will be required to submit one medical report, either from any medical practitioner, including a GP, or from a registered psychologist who practises in the field of gender dysphoria.
I can assure the House that a great deal of time and consideration has gone into developing these amendments and I hope that they further demonstrate the positive changes the Bill is seeking to make to the lives of married transpeople. I therefore commend them to the House.
Baroness Gould of Potternewton
My Lords, I begin by thanking the Minister for her tolerance and forbearance throughout our discussions on this very complex issue and for taking the time to meet me and the noble Baronesses, Lady Thornton and Lady Barker, to see if it was possible to arrive at a common view. Before looking at how successful our talks were, I want to say, on behalf of the trans community, how much we appreciate the inclusion in the Bill of the clauses that remove anomalies in respect of married transpeople who wish to apply for recognition by removing the requirement for them to be single at the point of gender recognition and so removing the obligation to dissolve their existing marriage or civil partnership. Equally important to the community is the concession on spouses’ survivor pensions, ensuring that no ongoing financial penalties will be incurred should a transperson in an existing marriage gain gender recognition. The Minister has just referred to the fast-track procedure, which is also very much appreciated.
However, there came a little disappointment because we have been unable to resolve the concerns over spousal consent. We appreciate that the amendments that the Minister has outlined clarify the position in respect of married couples and the definition of a statutory declaration of consent. However, in reality, it makes little difference in terms of that consent; the divorced would probably not be en route to registering a civil partnership. It makes little difference for the transperson. It does not really matter if the spouse is going to consent to the marriage or give consent for recognition. The principle thrust of opposition to the schedule remains unchanged.
There was a temptation to try to arrive at a further amendment that might resolve the differences between us, but that would have required a lot of detailed discussion and deliberation. Although I am not wholly happy with what we have in front of us, I suppose that it is, in some ways, a step in the right direction, which I acknowledge. I hope that there may be another opportunity for that discussion to take place and, when it does, I hope that the Minister will again be co-operative, as she has been, in trying to resolve our differences.
This is almost certainly the unfinished business of the Bill. There is no doubt that the transgender community is angry and will continue to be angry until we manage to achieve some resolution of the problem because its members remain concerned that the Bill provides a spousal veto. Therefore, at this stage, I seek the Minister’s assurance that after the Bill becomes law this issue will be considered in post-legislative scrutiny.
Marriage (Same Sex Couples) Bill
Baroness Gould of Potternewton Excerpts(11 years, 5 months ago)
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Baroness Gould of Potternewton
My Lords, I put my name to these amendments, having initiated this debate at Second Reading, because I believe that the Bill is morally wrong. I appreciate that these are complex issues—the issue that we are discussing is particularly complex, as the noble Baroness, Lady Barker, illustrated—which are difficult to resolve, but the difference they can make to a transperson’s life cannot be underestimated. I illustrate this by referring to an e-mail I received after my speech at Second Reading. It was from a transperson who said that she cried tears of joy. I am sure that she was not crying tears of joy at my speech but at the fact that somebody had addressed an issue about which she felt so strongly and which was affecting her life. That is terribly important.
As the noble Baroness, Lady Barker, also said, the Bill identifies two anomalies which govern transpeople’s lives. The legislation provides for the removal of the requirement for married transpeople who wish to apply for gender recognition to be single at the point of gender recognition. Further, a concession has been made as regards spouses’ survivor pensions, which removes a further major concern for many transpeople.
The passing of this amendment would get rid of a third anomaly for transpeople in existing marriages. As it stands, the Bill removes the obligation on a transperson being in an existing marriage, although it does require a civil partnership to be converted to a marriage before application, as otherwise an opposite-sex civil partnership would be created. However, the Bill has now introduced the concept that the non-transitioning spouse must give formal consent. It adds the requirement that spouses now have to consent to the change of their partner. No other area in law—this is a change to the structure of law—requires spousal consent to any change within a marriage. There is no need for spousal consent to end a marriage, move abroad, financially destabilise the family, apply for distant jobs, or for medical treatment. Formal spousal consent that can veto a partner’s gender recognition is a new concept in law.
The assumption in marriage law is that spousal consent is assumed. If the spouse does not consent to the partner’s actions, the spouse has the opportunity to initiate divorce proceedings. What we have now certainly goes against the view of most spouses. It may have been objected to by some but until 2003-04 it was routine for gender identity clinics to require spousal consent for the treatment of married transpeople, until it was pointed out that this was potentially a breach of the transperson’s human rights. We have the same problem again here.
The amendment has been carefully crafted. Its value is that the determination of someone’s gender will be a matter for the individual concerned and the state. No other individual is involved. A spouse may choose to expedite the applicant’s full gender recognition by including a statutory declaration of consent. However, a spouse cannot prevent an applicant’s full gender recognition by more than a year by withholding that consent. That is important. They still have rights but they are limited. In respect of interim gender recognition certificates, the Gender Recognition Act currently allows the gender recognition panel to issue interim gender recognition certificates to those transpeople who were married or in civil partnerships at the point of application.
The amendment allows an applicant in an existing marriage or civil partnership to apply for an interim gender recognition certificate, which would allow annulment or divorce proceedings to commence if required. Further, it would allow an individual who has been granted an interim gender recognition certificate to change their gender under the Act, after a predetermined period has elapsed. The Bill makes no distinction between marriages where both spouses wish it to continue and marriages where divorce proceedings have commenced. Therefore, we seem to have created the ludicrous situation that in the absence of a decree absolute, the divorcing spouse will still be required to give consent to the transperson’s gender recognition, no matter how long it has taken to get to that point in the divorce. Marriages can break down when a transperson reveals themselves to be trans. There are many points at which either spouse may decide that the marriage can no longer continue, such as the point of revelation, when treatment commences, when the transperson goes public, the point of name change or when transformation surgery occurs. All these can result in acrimonious proceedings that can drift on for many years. Known cases have gone from 17 months to six years. The amendment would avoid that situation.
The requirement for spousal consent creates one further flashpoint for couples in what is already a difficult situation. The amendment overcomes that problem as spouses can no longer obstruct but only delay by a known timescale someone’s gender recognition. That is the crux of the amendment. All the objections raised in the Commons seem to have been satisfied. It is fair to both partners and does not disadvantage the spouse. Again, it is utterly wrong in principle to hand someone’s right of identity to someone else who may be hostile to that person. It is irrelevant whether it is a widespread problem or not. That argument should not be used when talking about justice and fairness for any individual. I trust that it will not be used as an explanation for opposing the amendment. I approached this amendment with some hope, and I have enormous respect for the way in which the Minister has responded to opposition to the Bill. She has listened and responded to many of the points raised. But, on this occasion, I feel that that listening has stopped. Many people, not only transpeople, will feel betrayed and discriminated against, and there will certainly be no tears of joy if this amendment is not accepted. It is discrimination in a Bill that is designed to do just the reverse.
When the Gender Recognition Act was passed in 2004, there was no mention of spousal consent. I would be grateful if the Minister could tell the House why this has suddenly emerged. Can she give evidence of spouses having requested a veto? I understand that some spouses have said that they want to be informed, but being informed is substantially different from consent. It would also be helpful to know the view of the gender recognition panel, because now there will be additional documentation for the panel to process, and that will certainly have financial implications.
The transperson potentially gains significantly by gender recognition and therefore may lose significantly by not being able to achieve it. The spouse loses nothing by their partner gaining gender recognition and gains nothing by withholding consent. Does the Minister not see that this is really to do with equity of rights? Leaving the Bill as it stands and without this amendment will mean that the Government are saying to the trans community, “Somehow or other, you seem to be second-class citizens”. It will establish a precedent which may be used elsewhere. I appeal to the Minister to rethink her opposition to this amendment because I am sure that the issue will not go away. It is a matter of principle, and if her opposition has anything to do with the wording of the amendment, we would be very happy to bring it back on Report with new wording.
Baroness Butler-Sloss
I, too, support these amendments. When I was a family judge, I tried a number of what for me were the saddest of all cases: where one spouse had entered into a transgender situation, particularly before the Gender Recognition Act brought justice to those people. However, that left the other spouse confused and distressed. I remember a particular case in which the wife sat at the back of the court in floods of tears when what was being discussed was how the father could become an auntie because he was in the process of changing his gender.
These are incredibly sad cases for both parties, but particularly for those who are left behind under the Gender Recognition Act. I agree totally with the noble Baroness, Lady Gould, that those who change their gender require fairness, proper human rights and recognition, but this House also needs to remember those who are left behind. However, in doing that, there is no point in retaining a marriage that cannot exist unless it exists in a new dimension.
The two points made to me by the noble Baroness, Lady Barker, shortly before the House sat today are extremely important. The first is that there should be a notification of the fact that the gender recognition spouse is making this application. I understand that the spouse who is left behind does not necessarily know that the application is being made. That is an injustice to that person, and it is one of the important elements in this group of amendments. The second point is this: if people cannot bring themselves to be married as a same-sex couple, as they will be able to in the future when this Bill becomes law, because the left-behind spouse cannot tolerate that, they really should not allow the marriage to continue indefinitely. It does not help either party that it should run on. The suggestion in this group of amendments—that there should be a cut-off point at six months, as there is in every other part of this—seems only just. People can then get on with bringing the marriage, which would by definition have failed, to an end. For these reasons, again, I support these amendments.
Violence Against Women and Girls
Baroness Gould of Potternewton Excerpts(12 years, 1 month ago)
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Baroness Gould of Potternewton
To ask Her Majesty’s Government what support they are providing to men seeking to control their violent or abusive behaviour; and how they are supporting organisations and partner support projects that assist those men.
Baroness Gould of Potternewton
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a joint patron of Everyman, an organisation working to overcome such violent behaviour.
Baroness Stowell of Beeston
My Lords, the government strategy to end violence against women and girls sets out our approach to responding to perpetrators of domestic violence and abuse. This includes: challenging attitudes and behaviours through communication campaigns; funding the Respect Phoneline, which offers support and advice to people who are violent and want help to stop; and developing intervention programmes for convicted perpetrators of domestic violence and abuse—programmes delivered in partnership with support services for victims.
Baroness Gould of Potternewton
My Lords, I thank the Minister for that reply, but does she believe that the prevention programme goes far enough? Surely she will accept that prevention is fundamental to reducing domestic violence, not only for the sake of the victims and their families but for reducing the financial cost to the NHS and local authorities. That is particularly important at this time, given the estimated 31% cut in support for refuges and support services for victims, which means that more of them will have to stay with the perpetrator. The Government need to help those perpetrators with a strategic prevention plan that includes a programme of education in schools.
Baroness Stowell of Beeston
I agree with the noble Baroness that primary prevention is vital. That is why we are trying to change attitudes that can lead to violence against women and girls at an early age through national advertising campaigns such as those against teenage relationship abuse and teenage rape. One of those campaigns will be starting again shortly. We are also working with partners to see whether more can be done to identify and support perpetrators at an early stage and encourage them into voluntary programmes to address their behaviour. However, as I am sure that noble Lords will acknowledge, we need to input a great deal of effort when perpetrators are picked up by the criminal justice system, because, while we want to try to tackle this before anyone commits this terrible act of violence in the first place, it is just as important that as soon as a perpetrator has been identified and has gone through the criminal justice system we have a robust programme in place to deal with these men to avoid them reoffending in future.
Welfare Reform Bill
Baroness Gould of Potternewton Excerpts(13 years, 1 month ago)
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The Deputy Chairman of Committees (Baroness Gould of Potternewton)
My Lords, may I remind you of the new procedure during Grand Committee on this Bill for Divisions in the Chamber. Members who have registered with the Clerk of the Parliaments may vote in their places in the Grand Committee, provided they are present in the Grand Committee when the Question is put in the Chamber after three minutes. Members who have not registered or who are not here at the three-minute mark will not be able to vote in their places. I also remind Members to be sure that they speak up but do not touch the microphones. Before I call the first amendment, the noble Lord, Lord Freud, wishes to say something.
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)
My Lords, I thought it would be convenient to touch on the timetable. There has been discussion between the usual channels on the best way to take the rest of proceedings. We have agreed, subject to our best endeavours and without overriding anything, that there will be 17 Committee sittings, finishing on 28 November. The main items will be taken as follows. ESA time-limiting will be debated today; the Social Fund issues on 10 November; the PIP on 14 and 16 November; the benefit cap on 21 November; fraud and error on 23 November; and child maintenance and changes to the Child Poverty Commission on the last day, 28 November. I will circulate this timetable to all Peers after today.
Baroness Morgan of Drefelin
My Lords, it is incredibly helpful for those of us on the Cross Benches to hear from the Minister what the timetable for the subject matter for debates might be. Can I also point out how difficult it might be for some of us, with the Health and Social Care Bill being in Committee at the same time as the Welfare Reform Bill? I have amendments down for both Bills and it will be difficult. I know that is true for many Peers.
The Deputy Chairman of Committees
My Lords, before I call the noble Lord, Lord McKenzie of Luton, can I point out that within this group is government Amendment 72? I have to inform your Lordships that if that amendment is carried, Amendments 73 and 74 will then not be spoken to because of pre-emption.
Clause 51 : Period of entitlement to contributory allowance
Amendment 71M