The law firm S-LAW has a long-standing commitment to supporting victims of domestic and family violence.
As part of this, S-LAW regularly collaborates with the Collective Against Family Violence and Exclusion (CVFE).
On 14 October 2023, Maître Françoise WILMOTTE was invited to share her experience in a debate on this topic, attended by:
- Christie Morreale, Minister
- Jean-Luc Couchard, director and actor
- Stéphanie Van Vyve, actress
- Cécile Firket, lawyer and representative of Ms Christine Defraigne, Deputy Mayor responsible for gender equality policy at the City of Liège.
- Michaël Alexandre, Chief Inspector, Head of the Police Victim Support Service
- Jean-Louis Simoens, Head of the Domestic Violence Resource Centre, Coordinator at the CVFE
- Marianne Lejeune, Advocate General in Liège
What is domestic violence?
It refers to all acts of gender-based violence that may result in physical, sexual, psychological or economic harm (Article 3(a) of the Istanbul Convention of 11 May 2011, which has been in force in Belgium since 1 July 2016).
It is therefore a form of gender-based violence.
In our society, it mainly takes the form of violence against women.
What about violence against children?
A child is recognised as a victim of domestic violence as soon as they witness any form of violence, and not only when they are physically assaulted (Article 26 of the Istanbul Convention).
The new Act of 13 July 2023 on the prevention and combating of femicide, gender-based homicides and violence enshrines this definition in Article 8, in the best interests of the child.
What measures have been taken to combat this violence?
Criminal and civil measures have been adopted by the legislature.
Criminal measures to deter perpetrators: aggravating circumstances for sentencing (Act of 21 March 2022 amending the Criminal Code with regard to sexual offences, MB, 30 March 2022), a new offence of femicide (Act of 13 July 2023 on the prevention and combating of femicide, gender-based homicides and violence), deprivation of parental authority (section 32 of the Act of 8 April 1965 on the protection of young people)…
Civil measures: temporary removal from the family home (Acts of 15 May 2012 and 15 June 2012), measures for the preferential allocation of housing (Articles 1253 ter/5 and 2.3.14 § 2, para. 2 of the Civil Code), disinheritance (Articles 4.6 and 4.9 of the Civil Code)…
And what about the future?
Our society is evolving and moving away from the traditional patriarchal model.
The recognition of non-traditional genders, zero tolerance for domestic violence, and scientific studies on the consequences not only for child victims but also for mere witnesses to violence, will require practitioners in the field to be increasingly well-trained; the courts will hand down rulings and thus establish innovative case law that is ever more protective.
This development will also lead to new forms of education from a very young age (philosophy and citizenship lessons, education on interpersonal, emotional and sexual relationships), and to support for perpetrators of violence (PRAXIS).
With the aim of combating gender inequality, we are tackling domestic and intra-family violence.
Are you or someone close to you a victim of domestic or intra-family violence?
S-LAW is here to support you with our expertise, offering a sympathetic ear and personalised support.
