Duration: 13.07.2010
The project is supported by the Open Society Institute Assistance Foundation - Armenia (OSIAFA).
Within the framework of the project "To Combat Domestic Violence in Armenia through Advocacy and Lobbying of Draft Law on Domestic Violence, Education Program and Strategic Litigation on DV", Women’s Rights Center implements a number of activities, particularly advocacy and lobbying of the Draft Law on Domestic Violence as well as development of strategic litigation of cases on domestic violence as a tool for advocacy and lobbying of the Draft Law including improvements of the punishment mechanisms against the violence against women.
Women’s Rights Center has elaborated the Draft Law on Domestic Violence in the course of two years. The revised version of the Draft Law on Domestic Violence that included recommendations and comments of a number of local and international experts was resubmitted to RA Ministry of Labor and Social Issues in September 2009 for further circulation.
A significant and valuable work has been done by Amnesty International that addressed with official letters to the President of the Republic of Armenia, the Prime Minister and other relevant structures regarding the Draft Law on Domestic Violence and the urgency of its adoption. The resonance of Amnesty International’s letter reached wide audience and reflected in raising interest on the issue among the officials.
Through this program, Women’s Rights Center is to develop Strategic Litigation as a tool for advocacy and lobbying the Draft Law on Domestic Violence. In the course of strategic litigation, a court case is used to achieve widespread social changes and improvements regarding women’s rights, particularly their right to live life free of violence. Here the law is used as a tool to protect women's rights and restore social justice.
The main goal of the strategic litigation is to find out and solve the problems of protecting rights of women-victims of domestic violence as well as problems of just and necessary implementation of the law.
In the framework of strategic litigation, Women’s Rights Center provides not only free legal counseling, but also technical assistance (publicity, media coverage). Those women who were subjected to domestic violence may apply to Women’s Rights Center to arrange their juridical protection within the framework of the given project.
"Say No To Domestic Violence"
Nowadays speaking about violence against women in public is not so accepted. It seems that the problem of domestic violence does not exist and if it does, it is none of the other’s business, because it is too personal and there is no need to disclose it. However, if one realizes, that domestic violence causes negative influence on the society and impedes its development and progress, then it will become obvious that this problem must be definitely talked profusely, condemned and combated against.
During the period of its existence, Women’s Rights Center has been continuously working with the victims of domestic violence and providing psychological and legal assistance.
In 2009 Women’s Rights Center carried out an investigation, the aim of which was to reveal cases of women’s rights discrimination in the families, particularly cases of those women, who had been subjected to physical, psychological and sexual violence by their partners.
As a result of investigation, a specific attention was drawn to the case of a woman A. K., (an Armenian citizen) who had been subjected to domestic violence by her husband in the course of their marriage. She has 4 under age children. It was revealed that the husband was an active member of a religious sect and currently makes attempts to involve his children into it.
In 2009, A.K. applied to the Court with a divorce claim. The Court satisfied her claim. Presently, A.K. is living with her children in a separate place without minimal housing conditions. To be able to take care of her children, she applied to the Court once again with the claim on levying means of subsistence. The Court of First Instance partially satisfied the claim and set an aliment amount of 10 000 AMD for every child. The claimant applied to the Appeal Court, as she wasn’t satisfied by the insignificant amount. During the court proceedings in the Appeal Court, the ex-husband of A. K. was attempting to convince the court of his being unemployed and living by his relatives’ support. To the Court’s question on how he imagined his children living on 10 000 AMD per month, he replied that the amount would be enough for them and added that he was spending 4000-5000 AMD per month, thus shocking the court and those present.
The Court announced the day of rendition proceedings in February based on comprehensive, complete and objective investigation of all testimonies and evidences.
In addition, it worth mentioning that being continuously subjected to beatings by her husband, A.K. has temporary lost capacity for working (fracture of right thumb). The respondent didn’t take any action to compensate for her wife’s health improvements. A. K. had repeatedly applied to Police concerning the physical violence she was experiencing, however no relevant actions had been undertaken regarding this case.
One of the major issues of Women’s Rights Center is to make public similar cases and inform the society, thus implanting the concept that violence against women is damnable and punishable.
“How can I give if I don’t have”
As a result of the investigation carried out by Women's Rights Center, another case of S.G., a woman from Abovyan city who has been subjected to domestic violence was revealed.
She has 4 under age children and she had undergone periodical violence by her husband during her marriage. As it was discovered later, S.G.’s husband was a drunken and was beating her wife from time to time, thus physically and psychologically influencing both on S.G. and the children.
In 2008, S.G. has addressed to the Court of First Instance of Common Jurisdiction of Kotayk region by claiming a levy for means of subsistence for benefit of children. The court’s decision was announced to levy 10.000 AMD per month for every child. The aliment levying started since September 17, 2008, however, because of lack of material needs the aliment had not been paid until presently. In 2009, S.G. has applied to the court with the divorce claim since it was too difficult for her to live together with his husband. The Court satisfied S.G.’s claim and she currently resides in her parents’ place together with her children.
As regards to the aliment, it worth to mention that for the undischarged amount S.G. has applied to the service of Forensic Acts of Obligatory Fulfillment by claiming to solve the issue. The latter placed a ban on the land possessed by the ex-husband with the provision to allocate money after the sale of the property.
S.G. has repeatedly addressed to various instances by requesting to solve the issue of the existence for her children and herself. However, every action was useless. There were also people that instead of helping her impeded to recover the violated rights of the woman. Up until now, S.G. is struggling, but didn’t reach any results. Now, how must she justify the unemployed state of the children’s father being not able to provide money for their living?
It turns that escaping from responsibilities has become a solution for a parent by using the same phrase: “How can I give if I don’t have”. However, one should consider how acceptable and pleasing reply it would be for a child.

"Recovery of Rights"
Women's Rights Center applied to the Court of First Instance of Common Jurisdiction of Kotayk region to restore the violated rights of the citizen of Byureghavan town L. S. in January of the current year.
L. S. has 2 under age children and in the course of her marriage she has been systematically subjected to physical, sexual, psychological and social violence by her partner. Being silent and obedient for many years, she finally decided to turn to Women's Rights Center to protect her rights.
On January 11, 2010, a judicial proceeding of the case of L. S. against the citizen of Byureghavan was held in the Court of First Instance of Common Jurisdiction of Kotayk region. The proceeding was headed by the judge S. Torosyan. The plaintiff claimed a divorce from the Court and demanded an aliment for her children. At the same time, she applied with the claim on recognition of the co-ownership of the property/land acquired during cohabitation and claim on putting up the property for auction.
During the mentioned proceeding, the respondent advanced with a counter claim on demanding meeting with the children and participating at the upbringing of the children. The judicial proceeding was postponed and the parties were given two months for reconciliation. Other claims and counter claims were postponed until January 25, 2010.
Although L. S. was against the reconciliation with her husband, the Court set a term, which would expire in March 2010. Thus, we will present new information as relevant. During the judicial proceeding regarding the claim on recognition of the co-ownership of the property/land acquired during cohabitation and claim on putting up the property for auction, the respondent suggested to solve the case with reconciliation. The Court set a term to form a reconciliation agreement. As regards to the first claim (acquisition of co-ownership), the respondent did not raise objections about it. The day of the judgment's announcement was set on February 1, 2010.
According to the court adjudication, L. S. acquired the right of ½ part of the land purchased during their marriage. The reconciliation agreement for the claim on putting up the property for auction was presented to the Court.
On February 5, the Court announced the adjudication, by which a reconciliation agreement was set. No reconciliation on the aliment and visiting the children has been reached and the Court of First Instance of Common Jurisdiction of Kotayk region postponed the judicial proceeding, announcing February 15 as the day of judgment announcement.
On February 15, the Court announced the adjudication according to which the amount of aliment of 17.500 AMD for every child was established. The visiting days were set for two times per week, one day for four hours, and another day - with overnight stay.
New information about the given case will be announced upon availability.
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