Proposition 50K1693

Projet de loi visant à l'attribution du logement familial au conjoint ou au cohabitant légal victime d'actes de violence physique de son partenaire, et complétant l'article 410 du Code pénal.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

March 14, 2002

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

married person civil union physical aggression cohabitation criminal law

Voting ¶

Voted to adopt

Groen Ecolo LE PS | SP Open Vld MR

Abstained from voting

CD&V FN VB

Party dissidents ¶

• Pierre Chevalier (Open Vld) abstained from voting.
• Arnold Van Aperen (Open Vld) abstained from voting.

Contact form ¶

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Discussion ¶

Oct. 16, 2002 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mrs. Deputy Prime Minister, Dear colleagues, you will allow me to draw attention, as a rapporteur, to the introductory exhibitions of Deputy Prime Minister Onkelinx, Minister of Employment but also of Equality of Opportunities, a field that concerns us most.

I will especially focus on the two memoirs of explanation, that of Ms. Onkelinx as Minister of Equality particulièrement aujourd'hui, and du ministre de la Justice.

I would like to pause on these two exposures because they place the issues of this bill. This is important because it is another stone in the long way that will lead us to a cultural change that will allow our society to no longer be divided into two unequal halves, the weakest of which is obviously that of women, while knowing that these two halves are nevertheless numerically equal.

First, I would like to address the introductory exhibition of Ms. Onkelinx.

The government has made the fight against violence against women one of its priorities. It must be said that this struggle is included, in particular, in a broad international context. The General Assembly of the United Nations Council has emphasized the need to act in parallel on the causes of inequality and to develop specific instruments to combat violence as a sexual phenomenon. For this reason, the federal government has adopted a national action plan against violence against women with, as priority areas of action, domestic violence, human trafficking for sexual exploitation and harassment at work. by

One of the objectives of the plan is to highlight that violence against women is unfortunately not an isolated and occasional phenomenon. It is a problem whose structural roots are deep and whose final solution will require constant effort from society as a whole.

Violence against women is, in fact, the expression of a social order based on inequality that is a consequence of the assignment of different roles to men and women, and on the recognition of male superiority. That’s why I talked about two uneven halves when I started my speech.

It is therefore to violence as a manifestation of inequality between facts that many men resort to dominating women, with terrible consequences for those who undergo violence. It is unacceptable to think that a democracy would not have the capacity to act on this phenomenon because it affects both interpersonal relations – and we will see, subsequently, that this interferes in particular in the way justice and police interpret facts – and a social organization still too strongly marked by inequalities between men and women. by

In recent years, several laws have been developed to punish perpetrators of violence against women. The Lizin Law of 24 November 1997 introduces in the Criminal Code the notion of crime and crime committed against a spouse or a former spouse as an aggravating circumstance to the crimes referred to in Articles 398 to 405.

In addition, it was also found that in the majority of cases of violence in the couple, it was up to the victim to leave the conjugal or common home. Therefore, on the basis of these findings, it was decided to submit a draft law relating to the assignment of the family home to the spouse or legal cohabitant victim of acts of violence on the part of his partner. This is the first aspect of this project.

Le projet se complète par un second aspect: modification of the article 410 du Code pénal. Opportunities and those of Minister of Justice Verwilghen, because it clarifies what this bill is about and these texts also indicate the necessary change of mentality to ⁇ equality between men and women.

The government has made the fight against violence against women a priority, in line with international trends. In fact, the UN General Assembly has decided that obstacles to equality must be addressed and that targeted actions against violence must be raised.

In particular, the National Action Plan against Violence Against Women has made it clear that violence is not in itself, but is deeply rooted in a social order based on inequality and male superiority.

It is unacceptable that a democracy cannot act against that phenomenon of male domination.

During the last parliamentary periods, a number of legislation was adopted, including the Act-Lizin of 24 November 1997, which considers strokes and injuries between (ex-) spouses as crimes and misconduct.

From the conclusion that the victim of violence had to leave the common residence, this draft provides for the allocation of the residence to the victim if it so requests. Article 410 of the Criminal Code is supplemented by enabling detention.

The penalty for the perpetrators is raised to one year, so that the law can be applied to the provisional detention.

Minister Verwilghen hat sterk de nadruk gelegd op het feit dat de rechter zijn beslissing voortaan kan baseren op ernstige aanwijzingen in First dimension of the bill, it provides, for cases of urgent and provisional measures ordered by the peacemaker, a provision introducing the possibility of giving priority to the enjoyment of the marital home to the spouse victim of domestic violence who makes the request.

A similar change is introduced for legal cohabitants.

In addition, as I have already said, the law of 24 November 1997 introduced in the Criminal Code the notion of crime and crime against a spouse as an aggravating circumstance for cases of intentional beating and injury. To solve the issue of the arrest warrant, the project aims to double the maximum sentence by increasing it from 6 months to 1 year, and not to 12 months, which will enable the application of the law on preventive detention.

The Minister of Justice, Mr. Verwilghen, also defended this bill, stating that the latter came into being because it was found that victims of domestic violence often have to leave the family home. He insisted that the judge should no longer wait for a criminal sentence for beating and injury; he can base his decision on serious clues, which I think is an important advance of the project. As I just mentioned, the Minister also submitted an amendment aimed at increasing the maximum penalty.

The general discussion allowed everyone to position themselves in relation to this problem of violence. All parliamentarians have endorsed the general spirit of the bill. A whole series of questions and problems have been raised; I will try to take one or the other back.

Ms. Moerman believed that it would be especially important to ensure sufficient information about the new possibility offered. It is true that the judge can only assign the housing at the request of the partner concerned. This will reassure some women’s associations that feared that women might be forced to eventually take on rents too heavy for them; this is not the case since the measure only applies if a request comes from the person concerned.

Grauwels welcomed the fact that domestic violence is no longer treated as a private issue. Personally, I consider that overcoming this relationship problem is one of the important aspects of the project.

by Mr. Bourgeois also shares this opinion. He believes that the fight against domestic violence should be a priority for police and criminal prosecution. This is true, Mr. Bourgeois, that the police do not easily intervene following a complaint filed for domestic violence. There is also a refusal to draw up a minutes. From the information on the classification of cases in the courts, it is apparent that relationship problems constitute the majority of classification decisions. I also think that the bill will change something.

As for me, I pointed out that neighborhood officers should be better trained to identify this type of crime and take appropriate action. I also pointed out that the so-called “Lizin” law granted associations that provide the defence of victims of these acts of violence the right to be brought to justice, which is also an element plaats van op bewijzen.

During the general discussion, all parliamentarians agreed on the scope of the draft law. Several members have warned that victims should be informed of the application for the allocation of the housing they should submit. The property will be assigned to the victim, except in exceptional circumstances, a vague concept that some say needs to be clarified.

Several members also spoke about the police officers. They may need to be trained to be better prepared for these forms of violence.

In the case of prosecution, a divorce may be ruled on the basis of violent acts, while a criminal proceedings for the same acts would result in freedom of justice. Mr. Erdman, chairman of our committee, considers that the family home cannot be definitively assigned until the peace judge has made a judgment.

Observations were made on the scope of the draft law, which is limited to the legal marriage systems. Why not extend it to other systems?

Finally, Ms. Herzet submitted an amendment to make it clear that this draft does not apply to cases of psychological, but only of physical violence.

Answers were provided by the representative of the Minister of Justice. In 86 services in 180 police zones, an effort was made to provide training and guidance to the victims. Is there a comprehensive criminal law policy if one knows that in most cases of domestic violence the victim eventually withdraws his complaint? Statistics are important allowant to overcome the fear of these persons to porter plainte.

by Mr. Verherstraeten, on the other hand, stressed that the bill had a great symbolic value but wondered if it would also bring the added value expected in practice. He raises a question that will be taken over by others: why are these provisions limited to the legal regime? Could it not be extended to other systems as well?

by Mr. Maingain also stressed that victims of violence generally do not dare to undertake anything, for fear of having to leave the home. From now on, they will feel supported by the possibility offered by the project under consideration. However, he raised a number of questions about this bill, including the problem that could arise if a criminal case did not result in a conviction or the problem that could result from an acquittal. Can the temporary allocation of housing be re-discussed? It also raises the problem of the definitive sharing of goods.

Finally Mr. Maingain stressed the fact that the benefits of the bill were attributed only to victims under legal regime. He also questioned the extension of the provisions of the draft law to other marriage regimes.

The President of the Commission, Mr. Erdman, made a series of findings and formulated various answers. He said, in particular, that if the victim of acts of violence must be informed, it must itself take the initiative with regard to the allocation of housing because, as he pointed out, this allocation may not suit him. He also believes that the proposed modification of Article 410 of the Criminal Code, which allows arrest, will have as a consequence that intra-family violence will receive a higher degree of priority in the policy of prosecution, which is one of the goals sought, but, he continues, this does not exclude that the perpetrator of violent acts will eventually be inflicted not a prison sentence but an alternative measure, which some have also mentioned in the discussion.

by Mr. Erdman also noted that a problem would arise if the divorce was ruled on the basis of acts of violence, while a criminal procedure initiated for the same acts resulted in an acquittal. He considered that the definitive allocation of the family housing can in no way intervene until the judge has ruled.

by Mr. Van Parys also expressed his agreement with the philosophy of the bill. He drew attention to a number of particular problems, including the fear of victims to file a complaint and their ignorance of the existence of favourable measures. He also emphasized the need to develop preventive approaches, in particular with regard to the reception of victims. He highlighted the problem of psychological or psychological violence, which is obviously not addressed in this project.

Herzet will also take this dimension and will also introduce an amendment – which will be accepted – aimed at changing the title of the bill, introducing the precision that it is actually acts of physical violence.

M is From Parys fera also remarquer qu'outre l'attribution d'un logement, il serait sans doute utile d'écarter la victime de son agresseur. Finally, he mentioned the problem of the legal regime and of the other matrimonial regimes. difficult to obtain because the nomenclature has not been adjusted and because only a small number of facts leads to a police action. An interesting experiment was conducted in Montreal. There, victims of violent acts are systematically taken care of by services that assist the courts, and this before deciding whether or not to prosecute. A decrease in the number of facts has been established, but does it really match the reality? The added value of legislation lies in solving the problem of the burden of proof that in such cases is unnecessary. Thanks to the law and although the burden of proof still falls on the victim, the court will have to take into account indications and, if they are serious, will have to assign the victim the residence, except in exceptional circumstances. The prevention of violence belongs to the Communities. Their

The representative of the Minister of Employment and Equal Opportunities gave the following clarifications: the court in short-term proceedings and the peace judge are given the same competence, from the decisions of the studies conducted jointly by the KUL and the ULB it is apparent that it is necessary to assign a specific reference number to the cases of domestic violence, that it is important to assess the situation in all its aspects, to ensure a flow between police and prosecutors and to make legislative changes. I believe that this draft, which addresses violence between partners, will enable progress toward equality between men and women. The law will have a deterrent effect and will improve the fate of many women. It was also emphasized that it was desirable to undertake the formations of the police. The priority should be given to the rapidity of its intervention. Many of the intervenants also demanded that the notion of exceptional circumstances be clarified. In effect, the project de loi prévoit that, except for exceptional circumstances, the housing may be attributed to the victim if it requires it. Their

Ms. Herzet stressed that the primary cause of violence is often alcohol. He addressed the problem of psychological violence.

It also requested that the exceptional circumstances be clarified.

Ms. Moerman believes that prevention policies should be given priority, but that the adoption of this bill could go perfectly hand in hand with awareness-raising and prevention policies, in addition, with the various departments concerned.

To all this series of questions, the representative of the Minister of Justice tried to provide answers. I will take back a few.

Significant efforts have been made in training and accompanying victims, as specific training is given to law enforcement to better respond to this problem, and the number of victim support services has increased sharply. In fact, 86 services on 80 police zones, this is still insufficient, but an effort has been made. I don't know what numbers we were starting from, but I suppose there's an effort because we say it.

If a comprehensive criminal policy is carried out in the matter, the minister stressed that writing a circular in this sense is rather difficult because, in the majority of cases, the violence ends with a reconciliation and a letter of withdrawal of complaint even before the minutes are transmitted to the prosecutor’s office. For this reason, the prosecutor’s magistrates, prior to any other possible repressive measures, try to transmit such cases to the criminal mediation service.

There were also questions about statistics. These are difficult to obtain due to two elements, on the one hand, the current nomenclature of offences, since strokes and injuries between spouses are not distinguished from other strokes and injuries. I think that something should be done in this matter; on the other hand, only a small number of facts trigger the intervention of the police and the drafting of a minutes. I am referring to the remarks made by Mr. and bourgeois.

Many legal attempts have been tried around the world to provide a satisfactory answer to the problem. The Minister of Justice mentioned an experiment in Montreal that gave some results. It found that the assistants of the court assistance services systematically receive victims of violence before a decision on prosecution is made. The interview report is transmitted to the judicial authorities and attached to the file. Following the introduction of this measure, there has been a decrease in the cases of intra-marital violence. However, it is not certain that this decrease reflects a real decrease in this type of violence. Indeed, the question is whether the measure did not encourage victims not to file a complaint, which would be quite paradoxical. The plus-value of legislation, according to the Minister of Justice, lies in particular in the resolution of the problem of evidence, which is very difficult in this type of cases since the burden of evidence is lightened: it is enough to have serious clues so that the peace judge can comply with the prescribed of the bill.

Regarding serious indications and exceptional circumstances, this is not specified in the bill, as the judge must assess and take into account the extreme diversity of situations that may arise. The law will also allow, continues the minister, that violence that constitutes a fault of one of the spouses be taken priority consideration, while today, the guilt of one of the spouses is only one of the criteria among others.

As regards the prevention of violence, the Minister of Justice recalls that it is essentially within the competence of the Communities.

Onkelinx, for her part, clarified that the rules of preferential allocation when sharing were provided only in the Civil Code for spouses married under the legal regime. The law could only settle these cases. Therefore, it may be necessary to resolve the issue differently. She also recalled that the spirit of the project is to give exactly the same power to the judge of the referred as to the judge of peace. A study conducted jointly by the Katholieke Universiteit Leuven and the Free University of Brussels highlights a number of elements. In particular, it is necessary to establish a specific notice number for cases of violence within the couple when filing a complaint with the prosecutor’s office. Due to the lack of resources and the absence of a change of mentality by the judicial authorities, the magistrates do not include violence within the couple among the priorities in terms of criminal policy. Specialized magistrates should be appointed and police PVs should be improved.

Among other conclusions, we should also emphasize that it is necessary to study the possibility of joining the files concerning the same family and thus allowing an assessment of the situation as a whole. It should also be considered to create a link between the police and the prosecutor's office for violence within the couple. Criminal mediation is a tool to be used. Finally, legislative changes should take place to better take into account the reality of violence within the couple. These are obviously other legislative changes than those we are discussing today. by

This is the relationship between the general discussion and the exposition of the reasons.

With regard to the amendments, I will thank you for comments on a series of highly technical amendments. I would simply point out that the government has accepted several of them, including the extension of the sentence. One of the objections is met: given that the preferential allocation of family housing after the divorce has, unlike other hypotheses, a definitive character, it seems better to reserve this preferential allocation to cases in which the spouse who committed domestic violence has been the subject of a force-of-thing conviction judged by the head of these, or to cases in which the judgment which pronounces the divorce is based at least in part on these facts of domestic violence. This is the answer to the question of the final assignment. The extension of the bill to other forms of matrimonial regime is not possible, this issue will have to be addressed on the occasion of another legislative initiative. Finally, Ms. Herzet’s amendment on physical violence was adopted. by

I think I have thus turned around the question and not forgotten any of the important remarks that had been made about this important question.

For my part, I consider that this legislation constitutes an important step in the struggle, still of current importance, for gender equality. Criminal policies will de facto have to take more into account the issue of violence within the couple. The police will also have to make an effort. We also hope to generate a deterrent effect on the perpetrators, as they would not only risk losing some of their property, to which they are still very attached, but also suffer a conviction, be subject to an arrest warrant and find themselves in prison. These measures should therefore, in my opinion, improve the fate of many women victims of domestic violence. I know that we, parliamentarians, are not ⁇ concerned with this kind of thing, although we might sometimes be surprised at what is happening in some so-called “risk-free” environments.

Mrs Dardenne, I congratulate you on your report. I know that many times you bring common sense into legal discussions. You have done a lot of analysis.

There is only a small correction to be made about an inadvertence on my part. In your written report, on page 9, you quote me, where it is said that "attribution could only be done if there is a final judgment", this is the third paragraph.

There was an error in the report. On page 9, sixth and seventh line from the bottom, the word "criminal judge" should be replaced by "peace judge".

The final assignment.

This is the final assignment. This is reflected in an amendment.

I found when I heard you that I said correctly in Dutch "before the 'strafrechter' decided" and that this was translated by "the peace judge". Nevertheless I ticked when I heard you assign the Peace Judge competence in criminal matters. I know well that there is an increasing tendency to attribute to him everything that could be judged, but here, we exaggerate a little. This is an inadvertence on my part, I should not have allowed the report to pass on this plan. But I wanted to correct it because you have taken it back in your oral report.

As I read it, I said to myself too. I found this strange. Normally, this doesn’t have to be the peace judge, but you know that I’m not a lawyer, I don’t have the competence. I would say I felt it intuitively.

The written report should be corrected and it will be corrected by your oral report.

That said, if we charge the peacekeepers, we do not necessarily ensure them the corresponding payment.

Mr. Speaker, Mrs. Deputy Prime Minister, colleagues, I agree with the words of thanks of our wise President Erdman to Mrs. Dardenne for her extremely comprehensive report on this matter.

I have said from the beginning that the N-VA fully supports your concerns and your intentions in this matter. You draw attention to a very serious social problem, which is often heavily underestimated. I mean in all humility that I am well placed to say this, because I can look back on some interpellations about it. I pointed out the problem to the Minister of Justice and asked him to give it absolute priority in the prosecution policy and in any case to point out to the police and the prosecutors that much more attention should be paid to the complaints of the victims.

The question, of course, is, Mrs. Minister, whether this law provides an adequate answer to the problem. You will have noticed during the discussions in the committee that I have some doubts about this. As much as I endorse your intentions, I still think that there may be other, better and more efficient means to find a solution.

First of all, I think — and the university research you have commissioned points in that direction — that there must be a mental change in the police. I still have a lot of contacts on the ground and I still find that the police in many cases refuse to even write, let alone to intervene. People are sent to walk and the killer is again and again that it is a civil case. It’s not a criminal case, so it’s nothing for them. We hear that every time. I know that there is a crackdown and that some people pay more attention to it, but in general this problem is not taken seriously enough. Sometimes this leads to shocking facts. I refer, for example, to the New Year’s murder in Antwerp, when it took hours before the police responded to a complaint about domestic violence and the victim eventually died. A disciplinary and criminal investigation is currently underway.

Second, the parquets pursue these matters far too little and go too much to seponation with the well-known code REL or relational.

I do not argue that persecution and conviction in the form of a prison sentence should be repeated. However, your study shows that a whole range of resources must be activated, ranging from a specialized police force that can mediate and not necessarily repressive to a different mentality in the parks. However, I think primarily of mediation in criminal cases, once the cases have been submitted to the prosecutors. During the discussion in the committee, I referred to the problem solving courts in America, where one tries to solve the problem in the first instance. Often, it does not help to condemn a perpetrator or to imprison him—exceptionally her—in prison, without addressing the problem fundamentally. I do not think it is so much to do the penalty measure. The penalty is increased, but that is a bit like with traffic. There is no need to increase traffic penalties. First of all, it is necessary to maintain what is now. There must be a good enforcement policy. If one addresses seriously intra-family violence, which is now punishable, for me the penalty does not need to be increased. I am, by the way, in favour that in this matter – if punished – as much as possible

The N-VA shares the Minister’s concern. This is a social problem whose gravity is greatly underestimated. I have already asked the Minister about it. However, I doubt that this law will resolve this problem. We need to change the mentality of the police. When a problem arises, it is often evacuated because it is considered a civil matter. So we simply decide not to treat it. This occasionally leads to a tragedy. The prosecutors pursue too little and classify without succession, considering that this is a "relational" issue. A conviction is not always necessary but it is imperative to take other measures such as criminal mediation. It is not necessary to increase the rate of punishment. I am an unconditional supporter of punishment in the form of public interest works. Judges will in any case only very rarely require imprisonment, and that is very well so. We must focus on prevention and training of police officers. Mediation should be carried out at the level of the police as parquets. Problem Solving Courts, as they exist in the United States, could solve many problems within 24 hours.

A first provision of the draft regulates the assignment of the domicile to the victim of domestic violence in the event of facts, attempts or serious indications, except in exceptional circumstances. This is a difficult provision that will prove impossible to implement. This will slow down the process. In addition, the perpetrator must always be able to appear before the criminal court with the presumption of innocence. The judge will again enjoy an assessment competence and may take into account the best interests of children, the exercise of a professional activity in the home, etc. Civil sanctions can be very useful, but I taakstraffen wordt overgegaan in place van een gevangenisstraf. Trouwens, zelfs met een verhoogde strafmaat zal het nog altijd zeer uitzonderlijk zijn dat judges someone opsluiten, tenzij het gaat over heel erge feiten. Voor de rest meen ik dat de zogenaamde alternative penalties much more are indicated in these matters and effective prison penalties.

I think there should be a whole range and that it is your job as Deputy Prime Minister to take initiatives at this point, in particular prevention, training and mentality change of the police. Our Minister of Home Affairs — who has already put too much money in status, framework and remuneration — must spend time and invest in training and training of the police, and start thinking about quality rather than the amount of remuneration. In addition to the police, mediation should be a guiding motive, both in the police and in the parks. I think this is ideal for criminal mediation. Finally, the courts must be able to think about the idea, as it lives in America, where within 24 hours problem-solving courts occur, trying to react immediately.

If I overlook the provisions, there are essentially two major provisions. First, granting the enjoyment of the marital residence or of the residence of the cohabitants to the partner who is the victim of intra-family violence and who requests to be allocated the residence in the event of the commission of such crimes, or in the event of an attempt or if there are serious indications that such conduct exists, but all except in exceptional circumstances. This is a very difficult provision, which is quite inactive and will give rise to a delay in the process. Note, I agree with you. One of the conclusions of the investigation that you have made is, by the way, that there is reason to introduce civil sanctions in this matter. I think you are indeed right with this. Their

The only question is whether this should be done with a separate legal provision. After discussion in the committee — and fortunately, that legal provision has been updated, fashioned, corrected — three criteria are introduced: there are facts committed, whether there are attempts to make facts, or there are serious indications, but then again, except in exceptional circumstances. President Erdman correctly pointed out that serious evidence, on the basis of which a peace judge or a short-term judge makes a judgment, should still not affect the presumption of innocence in criminal matters. You should still be able to come before the criminal judge with the presumption of innocence. But apart from the delaying aspect of the proceedings and apart from the correlation with the criminal proceedings, I think that there can be so many contraindications, Mrs. Minister, to not assign the marital residence to the victim — your representative has already confirmed that — that you inevitably fall back to a broad jurisdiction of the judge. It may be undesirable to assign the victim of domestic violence the marital residence or the residence of the cohabitation, precisely because, for example, other interests play. I think of the importance of the children and the income of the family when the profession is exercised in that marital home: a free profession, an independent profession. I will give only two examples, but in practice there can be countless cases. Therefore, my conclusion is that civil sanctions can be very useful in this. A peace judge or a short court judge may say: you are a perpetrator of domestic violence so I deny you the marital residence. I find this useful but I question the effectiveness of the legal provision for the reasons I have cited later. I wonder about their effectiveness. A second important provision provides for the allocation of family housing to the victim after the divorce. The mise en oeuvre of this measure requires a decision coulée and force de chose jugée or that a divorce for cause of intra-family violence be pronounced. But an exception is again possible. In case of divorce, a reconventional request is sometimes accepted on the basis of serious facts who have been committed but who are not related to domestic violence, which can also delay the procedure.

This project de loi a le mérite de s'intéresser au problème et peut contribuer à faire évoluer les mentalités. But concretely, it does not really allow to solve the problems. If this law makes a day the object of an evaluation, the criticism formulated could be virulent. We will abstain from voting. The second major provision concerns the allocation of the marital residence after divorce, in the event of the dissolution of the legal system, again to the victim of domestic violence. It is approximately a similar provision. Only here must there already be a conviction, entered in force of consecration, or there must be a divorce that has been entirely or partially pronounced on that basis. But here too, and rightly you say, except in exceptional circumstances, this discussion will be held again. I would point out that in divorces, in very many cases, a disadvantage is also granted, sometimes on the basis of very severe, gross, sometimes horrible facts that have nothing to do with domestic violence. Assuming that the marital residence is granted to the person who has obtained the divorce, in whole or in part, on the basis of domestic violence, is an assertion which can be opposed to other horrible facts underlying the opposition to the divorce.

Therefore, whether in the form of a legal provision or in exceptional circumstances, you must leave room for appreciation. I am afraid that this legal process can work contractually. Fortunately, you decided not to enter the serious clues here. This happens only with the decision of the peace judge and the short court judge. I have great legal doubts about the introduced provisions.

This does not mean that we do not endorse your concern. This design has the merit of bringing attention to the problem and can contribute to a change in mentality among police, prosecutors and judges. However, the effectiveness of the law is very controversial to my feelings. This law, in my opinion, will not contribute much, on the contrary. If the purple-green plans on law assessment — point from "The Bridge to the 21st Century" — were realized, then one may say of this law over the years that it gives rise to many discussions and interpretations.

My group will abstain from voting on the draft. We support your concern, but are — unfortunately — not convinced of the effectiveness of this legislation. Moreover, we fear its counterproductivity.

Mr. Speaker, Mrs. Minister, colleagues, this draft law is another step in addressing intra-family violence. This law fits perfectly into the goals of the federal plan in which the minister also persuaded other members of the government to take steps in the fight against violence against women.

Domestic violence was and is wrongly still considered a private affair. Violence within family relationships is unacceptable and must be severely condemned. It is our all social responsibility. This responsibility must also be taken on a political level.

Too many children are subject to all these harassment, threats and violence. As a child who experiences short proximity for a long time, it has an undisputed impact on personality, emotional life and social relationships. Children who have experienced intra-family violence throughout their lives will experience problems in the way they deal with conflicts, frustrations and problems. Politically, we have a great responsibility.

However, the approach to this problem is not easy. In essence

This bill is another step in the fight against domestic violence primarily directed against women. For too long, domestic violence has been unduely regarded as a private issue. Domestic violence also has a great impact on children.

The political world accepts a great responsibility but the problem is complex. And the occurrence, the reports of force are unequal, one person wishing to totally control the other. Cela is accompanied by physical and mental violence. L'auteur n'a pas toujours is about unequal power relationships in which usually the man builds his power surplus on the other partner and wants to completely control the other. This manifests itself through physical violence and ranges from stumbling, pushing, to rake beats and murder attempts. It is often accompanied by psychological violence such as insults, humiliations, intimidation, imprisonment, destroying precious things or even killing beloved pets. The perpetrator is not always aware of his guilt and often blames the other for provoking the violence. Sometimes the perpetrator scares afterwards of the consequences and promises to fix everything again.

One difficulty in addressing the problem is that the victim for the outside world sometimes encounters a very strange psychology on it. The victim, and usually not the perpetrator, does not talk about violence, because one is ashamed of what is happening.

Often the victim, by the way, thinks he himself has been the cause of it and indeed does not meet certain expectations, shortage shooting. The victim sometimes wraps himself in the most strange curves to avoid the violent partner becoming aggressive, usually without success by the way. The victim’s self-image and self-worth is gradually, but very thoroughly and completely undermined.

Before there are really serious problems that result in a clash of violence, it is usually also preceded by a years-long process. Over several years, there have been a thousand and one signals that something was going on. They are rarely noticed by the outside world as such. The different signals are sometimes captured by people from different disciplines, but therefore not always brought together. For example, the general doctor or gynecologist can quickly detect traces of violence. Often the first signs occur, by the way, at the first pregnancy or at the birth of a first child. In schools, for example, it is noted that children suffer from the family situation, but they have clearly been instructed not to talk about it. If this happens, the problems are often denied by the parents. Neighbors also often notice that something is going on, but dare or do not want to bother.

Usually, by the way, it is outsiders, and not the victim itself, who file a complaint or alert the police. Police often do not know how to act in such situations. It has been said before: police officers, even if they really have affinity with it, do not know exactly how to act in such a situation. Often, by the way, they find that the partners have reconciled and even turned against the police, as well as those who have warned of violence.

If a complaint is submitted, it is often withdrawn. Most often, however, the victims are too afraid to file a complaint and nothing happens until a next eruption.

The design presented here reinforces the position of the victim of violence. Until now, the victims usually had to leave the house themselves and had to go with the children to the shelter or to temporary shelter. This situation is felt as very unfair. The perpetrator remains in the house and the victim must leave: it seems like the reverse world.

Of course, there is always a hiaat in time. Wat gebeurt er in de tijd tussen de uitbarsting van geweld en het tijdstip van consciousness of his guilt and the victim sometimes adopts a strange attitude, not daring, of shame, speaking of violence or thinking of being responsible for the situation. Most of the time, a process of several years preceded the onset of violence but the outside world rarely perceives the signals sent. A complaint or appeal is most often the work of the surrounding and not the victim itself. The police often do not know how to intervene. And when she intervenes, it often turns out that the spouses have reconciled. If a complaint is filed, it is often withdrawn.

The project strengthens the position of the victim who, at present, often has to leave the home itself. However, there is still a hiatus. What happens between the act of violence and transitional measures? Shouldn’t we be able to act faster?

The new law must be accompanied by another by a clear information campaign, without which it remains a letter of death. Implementation of provisional measures? During this time, the woman must remain with the perpetrator and stay in the house. Shouldn’t we look for a way to act faster? That can be, for example, from the moment the findings have been made by a general doctor and that is very clear who is the perpetrator and who is the victim. This bill does not yet provide a solution.

It also seems to me important that the new law is accompanied by an intrusive campaign that should once again make it clear to the general public that, if you want to leave, you can leave, and that the victim also has the right to stay in the house. For all those people who do not know their rights, that law will otherwise remain dead letter.

I rely on politics to convince the general public that domestic violence is unacceptable and that victims have the right to remain in the marital home. This is a new step in addressing domestic violence.

First of all, I would like to thank the services and the rapporteur for the comprehensive and detailed report.

You all know that for years there has been a taboo around violence against women committed by the partner. The problem was often silenced or it was simply assumed that it was only a marginal problem. I am talking primarily about violence against women. That does not mean that there is no violence against men, but it is a fact that is much less common.

At first glance, this seems to be a rare problem. However, the figures show a very different picture. They make it seem that something is really going on. For example, a Belgian survey found that about 50% of women have ever faced some form of physical violence. That is one in two. If we dig deeper, we find that in this category of female victims about 28% of violence was committed by the partner. So ⁇ one in three female victims was violated by their partner. Other research has shown that such violence has become more frequent and more severe over the years.

However, our country is no exception. Research in the Netherlands dating back to 1997 has confirmed what Dutch relief workers and police officials have long suspected, namely that domestic violence is a widespread occurrence. Furthermore, the same study found that such violence can be found in all segments of the population and that violence against women is generally used with a higher intensity. However, we are dealing with a large dark number because there is little out of it. The victim only goes to the police or emergency services in a small number of cases, as the previous speaker also said. Even when one takes the step to lodge a complaint with the police, one often finds that only a minority signs the process-verbal or that they subsequently withdraw their statement — probably under pressure.

However, the effects of domestic violence should not be underestimated. The life of the victim in question can change quite drastically. One gets feelings of anxiety, one gets problems with intimacy which in turn causes the necessary problems in the relationship and in some cases even leads to a divorce.

For years, the problem of acts of violence against women perpetrated by their partners has been reduced to marginal problem, or even ignored. However, a Belgian survey shows that 50% of women have experienced physical violence and that in 28% of cases, these crimes are committed by their partner. Other investigations indicate that this form of violence has worsened and multiplied over the years. A 1997 Dutch survey showed that this violence affects all layers of the population. However, it is difficult to provide realistic figures as many victims do not call the police, refuse to sign the minutes or withdraw their testimony as a result of or without pressure on them. However, the consequences of this form of violence are considerable. The victim develops a sense of anxiety and often has to deal with sexual and relationship problems. It is difficult to fight against this violence that has the private sphere as theater. It is, however, a punishable behavior that affects the victim even more deeply than the violence perpetrated by a third party since the offender infringes not only the physical integrity but also the confidence that he has in his Over het onderwerp bestaat ook bitter weinig litteratuur, waardoor het veel moeilijker wordt om tegen dit fenomeen te vechten. Bovendien zijn velen de mening toegedaan dat dergelijk geweld een private-problem is in best within de muren van de private-sphere dient te worden behandeld. Niets is less true. In case of domestic violence it goes evenzeer over the plegen van strafbare feiten. Immers, het feit dat het slachtoffer en de dader hverandre kennen in even vaak een relatie hebben, maakt van zaken alleen nog maar erger. Daarmee will I not say that violence by a stranger is not erg is, but when the violence by a known is gepleegd, gript said yet much more intense in op op op het slachtoffer. It goes immers not only over the aantasten van de fysieke integriteit van iemand. Also the confidence is brutally offended.

I also refer to the European Court of Human Rights, which has already stated in the past that when a woman can prove that she is at real and immediate risk of being abused by her partner, she is entitled to protection from the State.

The State, in turn, has its own discretion to fulfill this obligation positively. Domestic violence against women is a serious problem worldwide. The few research that exists suggest that manpower and conflict over role patterns are a major cause of violence. Especially where men are no longer able to meet certain traditional expectations, such as providing a family income, violence against women is increasing. In the current era of rapid social and economic changes, some men seem to convulsively defend control over their female partners. This should be seen as an expression of a form of power that would be denied them in other areas of life. Their

Private violence is a public matter. Several countries have already understood this and are providing appropriate solutions to these problems. In the U.S. state of New York, for example, domestic violence is considered not only a crime but also a socio-social problem, with perpetrators often subjected to criminal treatment. In this state of America there is also a law against abuse of women, there are even special courts, the so-called Domestic Violence Courts. Additionally, special task forces are being set up at the public prosecutor’s office to tackle domestic violence. The compulsory offenders treatments I just talked about, in any case, seem to be rewarding and give interesting results. In particular, they have developed judicial-oriented education programs for perpetrators who have been found guilty of violence against their partner.

Even closer to home, the attention to the problem is increasing. For example, we see in the 2003 budget of the Dutch Minister of Justice that he wants to provide for harder penalties to deter domestic violence. In addition, a specific form of crisis intervention is also considered through a so-called out-of-home settlement. Germany and Scotland have adopted the New York model of offender treatment and one of the evaluation projects has shown that this has been a fairly successful one. After all, the violent behavior of the perpetrator decreased to a greater degree among the five who had compulsory treatment behind their backs than among those who were proposed a classical punishment, notably 67% versus 25%. and partner. Their

The European Court of Human Rights has already stated in the past that a woman in such a situation has the right to state protection.

In many countries, domestic violence is considered a serious social problem. In the state of New York, in the United States, perpetrators of domestic violence must follow a therapy that in practice produces interesting results. In addition, there are “domestic violence courts” (tribunals competent to judge acts of domestic violence) and “task forces” in this U.S. state to deal with the problem of domestic violence. In the Netherlands, the 2003 budget provides for heavier penalties in order to deter potential perpetrators of this type of crimes and so-called "out-of-home" measures, which constitute a new form of intervention in crises arising from the domestic violence commission. by

In Belgium, the law of 24 November 1997 on violence between partners represented a first important but insufficient step. Therefore, the penalties for acts of violence between partners are heavily punished. And it is also for this reason that the Preventive Detention Act can be applied to the perpetrators of these offences and that the victim is better protected, in particular by the assignment of marital residence. by

So we are on the right path. However, we could still refine the bill. We are considering extending its scope to include psychological violence, “out-of-home placement” according to the Dutch model and a ban on express contact. by

And until the refinement of the legislation is pursued, the VLD rallies today unanimously to the present project of law. Belgium is not left behind in this regard. This becomes clear when we refer to the law of 24 November 1997, which aims to counter violence between partners. This was a first but important step. However, there remained other problems. It was time for the silence surrounding partner violence to be broken further. In fact, it cannot be held accountable that more attention is paid to street violence — which is, though, more visible — than to partner violence, which, however, as previously stated, is more penetrating on the person of the victim. This disproportion should therefore be eliminated, and preferably as soon as possible. Their

The VLD is therefore satisfied that the fog in which the partner violence was located is slowly starting to rise and this ⁇ after this initiative of the government. Thus, we see that the penalties for partner violence are heightened, in part so that the law on interim detention can be applied to these criminal offences. In this way, there may be a greater deterrent effect from these punishment provisions, an idea that, as mentioned, also takes place in the Netherlands. In addition, we also see better protection for the victim, so that the victim in some cases is assigned the marital residence. This might end the paradox that exists at the moment, in particular the fact that the victim has to leave the house and thus is actually punished twice. There is also the fact that the woman as the victim often takes the children, which in a sense also makes them the victim and is removed from their familiar environment. This ⁇ does not benefit education, and that can absolutely not be the intention.

Ladies and gentlemen, we are on the right path. Nevertheless, I would like to make a few further remarks. Thus, there are other ideas and means in the fight against partner violence. The draft law applies only if physical violence is addressed. This is ⁇ defensible and understandable, but we must also look further. Psychological violence is much harder to prove and will cause application problems. That violence is often more subtle and more secretive and therefore more destructive. Eventually, it can also be considered to introduce a specific procedure as in the Netherlands with the uithuiszetting. A final point that we can point out is the idea of establishing some form of explicit contact prohibition, which can also be a further step in the fight against partner violence. Some countries already know this legal instrument. These are just a few points that can be deepened later. In any case, the VLD can already stand behind the bill on the table that should connect the struggle with partner violence to an increased degree.

Mr. Speaker, Mrs. Minister, dear colleagues, I sincerely think that this bill is a very positive step forward because it gives a signal dictating a norm, that the victims will hear, saying that they have the right to keep the family housing, even if their choice is to go to a shelter where, in fact, they can find a whole series of aid and support that would be important. So I believe that the upcoming publication of the new standard is really a step forward!

I would like to mention here the "Envers" survey conducted in France on violence against women - its name indicates it - which gave a very in-depth description of situations that cross all social classes, all ages, all ethnic origins. This survey actually shows that — as our colleague Guy Hove has

This design is a step forward, as it gives victims the right to retain the family home, even if they choose a shelter.

According to a French study, three out of ten women are victims of violence between partners, regardless of social class, age or origin.

The statistics are more or less identical — about three out of ten women are victims of domestic violence. Personally, I would rather say that three out of ten men are violent with their partner or wife. I think that positioning things in this way shows that there is actually a need to legislate a major judicial and police policy that takes note and part for women victims. But this also shows that it must be accompanied above all by a whole series of measures that take into account the fact that there is a problem in the head of these three out of ten men, violent with their partner or wife. I think that focusing on this problem also makes it a social problem and no longer a private problem.

Therefore, I would like that, in the national plan against violence, there are elements that can support steps that do not actually fall within the federal but that, through education and culture, work intensively on images of man, on the roles shared between women and men. This would prevent violence from being the main channel of expression of a series of resentment or unhappiness that is experienced — I repeat it — regardless of social classes, origins or age.

Therefore, I ask the Minister’s Mrs. to be able to reflect on the “National Action Plan against Violence” also in this sense. I also pointed out that a reflection on alternative punishments would be absolutely necessary. And, even if this is not a federal competence, research on the management of violent men should be encouraged.

This is what I wanted to say. Finally, I would like to repeat one thing that two of my colleagues have previously pointed out about the importance of police training. I was stunned to hear a member of a local police member say, “It’s me who qualifies!” In this regard, there is therefore really a problem; even if a woman comes to complain, if it is not qualified, we do not advance much. by

There is a real necessity — and not only for the end of this legislature-ci, but also for the next — of a judicial policy, both at the level of the prosecutors and of the police, who prenne fait et cause in the spirit of the project of law that we all vote. The victims must be accompanied by measures taking into account the fact that three out of ten men are violent. In the National Action Plan against Violence, one will have to respond to the culture-determined image of the role pattern within the couple. One will have to think about alternative punishments and about the accompaniment of the violent men.

Finally, the police should also be further trained, because they must be able to assess the situation. The judicial policy regarding the prosecutors must go in the direction indicated by this bill.

Mr. Speaker, I came out of the starting blocks somewhat hard, but I still hit the speaker.

First of all, I would like to join Mr. Bourgeois. I will put some other points of attention and emphasis. Moreover, there will be somewhat more disappointment in the content of my speech than in Mr. Bourgeois. Nevertheless, I think there have been a lot of sensible things said in this speech.

I would like to say that we will not vote against this bill. At the beginning of the discussion in the committee, I did not welcome the bill with much enthusiasm. This enthusiasm has been further diminished as the discussions in the committee progressed. I must conclude that what we have achieved here is not a technical highlight on a legal level. It may also partially overtake its purpose. My greatest concern is that it can work counterproductively in relation to marriage as an institution because of its overwhelming nature and because many have two or three.

I wish above all to associate myself with the intervention of Mr. Bourgeois, although I emphasize other aspects and that my explanation will ⁇ more express the disappointment that I feel. However, the Vlaams Blok will not vote against this bill.

The bill is not a jewel of legal technicity; it will partially miss its purpose and will exert a counterproductive effect on the institution of marriage due to its harsh nature and the threat, for future spouses, of losing the family home. keer will think before they go huwen. Men know immers van tevoren dat men bij conflicten of gezinswoning kan verliezen.

First and foremost, the quality of the legislative work leaves something to be desired. When I take into account Article 3 which amends Article 223 of the Civil Code and which relates to the provisional measures in the event of gross distortion of the relationship or gross failure to perform the duties, I find that the criterion of debt will be further deepened. This procedure, however, takes place before the peace judge, where reconciliation should remain a basic idea. The granting of marital residence to a victim of violent acts, even if it is only a provisional title, may in some cases — I wick my words — not be the right solution. For example, I think of the situation in which the family home is also used for commercial purposes or as a freelance practice. It might then be better if the violent person in question could still continue to provide for the nutrition gain. If he has to move, it could lead to income loss, which also returns to the wife and children, this in the case where the husband would be the rapist, which is the most common situation.

I regret that the criterion of the preferential allocation of family housing on the basis of violent acts is now at the top of the priority list, while in other cases a more humane and better arrangement in cases of family difficulties may still be possible. One should not always act punitive in such situations.

In the draft law, a cracking legal structure was set up to address the problem of the preferential granting of the family home. First and foremost, a concept of criminal law is used, namely the serious indication in the case of urgent and provisional measures. I am not talking about the definitive liquidation and distribution of property after divorce. I am referring to Article 223 of the Civil Code, which stipulates that a serious indication of strokes and injuries is a sufficient ground to reach a preferential grant on a provisional basis. The term “serious indication” comes from criminal law, so I wonder what should be done with the previously known means of proof in civil law: the authentic act, the out-of-hand act, the testimony, the presumption and the oath. With the serious indication, a new, sixth type of evidence is added to civil law.

Colleagues, I would like to point out that in criminal law the term serious indication means that there is no evidence; it serves only to refer, for example, a suspect through the council to the correctional session. Colleague Hove may help me in this, I suspect. In civil law it is suddenly said that a serious indication constitutes a means of evidence in itself to have the family home granted on a preferential basis to the partner who may have become the victim of a violent act. This is, in my opinion, a faulty and dangerous construction, because on its basis many wrong decisions can be made that may be difficult to reverse afterwards. In addition, the provision is used to introduce a civil sanction in the law. I would like to point out that these civil sanctions were slowly removed at the end of the last century. This is also often discussed in the context of human rights. Civil punishment is not so often accepted in our law but here it is reintroduced. In fact, this is a very conservative provision and in this case a significant step backwards. It is regrettable that Article 3 of the project modifies Article 223 of the Civil Code and reinforces the criterion of guilty for the judge of peace who, traditionally, will be able to attribute a role to the mediator. It is a pity that the allocation of family housing to the partner victim is an absolute priority. Other solutions to conflicts, plus human, are in effect sometimes preferable for all the parties concerned. This is ⁇ the case when the partner, the author of the acts of violence, uses the family housing in the exercise of his profession. And in the same circumstances, a forced displacement may be heavy the consequences for his income and, partant, influence negatively on the financial situation of the partner victim and of the children s'il y and a.

According to the project, "serious indications" of guilt are sufficient for the family housing to be temporarily assigned to the victim, under Article 223 of the Civil Code. What about the five usual civil proof methods? Will a sixth method be added? The concept of “serious indications” is borrowed from criminal law, where it implies, however, the absence of evidence. This notion appears only when considering a possible referral from the Board Chamber to the Correctional Court. The use of this flamboyant construction to introduce a new civil sanction constitutes a regression. Since the end of the last century, there has been progressive efforts to eliminate civil sanctions. As a lawyer, I can admit exceptions because they confirm the rule but not derogations from established categories and principles that are source of confusion. As soon as the reference to Articles 398 to 400 and 410 of the Criminal Code in the draft was unanimous, it was decided to distort and denaturate the central notion of "strikes and injuries". As a jurist, I can live with an exception, because he de regel bevestigt. Men zou dit zesde soort bewijsmiddel misschien een uitzondering kunnen noemen. As former rechtspracticus stai i evenwel afkerig van afwijkingen op vaste rechtscategorieën in rechtsprincipes, want die zaaien twijfel in onzekerheid. The serious indications that men no in the burgerlijk wetboek opneemt, form no outzondering but an afwijking. Die afwijking zal niet leiden tot meer rechtszekerheid, integendeel. The consequence of this is that men on the basis of this stringent regulation for the vrederechter is not always a treffelijke regulation will be able to obtain. De vrederechter kan zich enkel nog vastklampen aan van uitzonderlijke omständigheden. As a lawyer I will not juichen in triumph, want what are exactly the exceptional circumstances. As a legislator, we can provide an indication of what now exactly under exceptional circumstances must be understood.

In any case, the judges will decide. Then you can go two paths. Either it will lead to a proliferation of grounds of exceptional circumstances, which no one wants, nor do I. This would mean a breakdown of the system that is currently being developed. I am not in favour of this, but would prefer it over the other extreme, namely the already excessive restriction of the judgment of the judge. I am a little afraid that this is intended, because one seeks to make the preferential allocation based on beats and injuries — rape and attempted murder are of course also involved — the first and almost sacrosanct criterion.

I have another point of criticism before I begin the political aspects. To introduce provisions of the Criminal Code into the Civil Code, until then. But what have we seen now during the debates in the Justice Committee? As soon as it was agreed that those provisions of the Criminal Code — strikes and injuries, articles 398 to 400, 403, let us mention — could be incorporated into the Civil Code, it was in fact decided to somehow deform and denaturate them. Violence or strikes and injuries as described in the Criminal Code would no longer mean the same in civil law. It would no longer be a simple blow in the face; it would no longer be a simple push as the criminal judge now understands by strikes and injuries. I try to describe the newly introduced definition in civil law, but I would like to point out that so far no colleague has succeeded in doing so in a striking manner. It would be violence primarily from the husband to his wife that is persistent and recurrent, rather than one-time. The question is whether exclusively and only the man’s violence against his wife, which is previously persistent and recurrent, will be sanctioned by a judge. I think that the civil judges who will have to judge on this matter will rather qualify the facts according to the classical principles of criminal law, rather than using an à la carte reasoning in the Civil Code. I would like to point out, by the way, that only in the explanation was pointed out that violence cannot be so much the one-time violence, but rather the repeated one. In the law there is no reduction of this. The law refers solely and only to the criminal provisions. Per ⁇ it is possible that the judges therefore give a slightly different interpretation or direction to what one has actually sought to curb through the bill.

Zo are we tot slot van mijn toespraak beland bij de politieke aspecten van deze wet. I meende toch dat het eerst en vooral de opdracht had preferable to retain the fixed meaning in the criminal sense of these notions rather than to establish a meaning on the card intended to be used in civil law. In any case, the law refers purely to the criminal provisions, no more, so that it is up to the judges to apply the law and interpret it.

Also politically, the bill has many shortcomings. This project, which tends to prevent domestic violence, will not ⁇ its goal. It is precisely in this matter of family difficulties that the majority considered necessary to heighten the penalties. A material property, family housing, is transformed into a privileged weapon of conflict, for which lawyers will be grateful. The absence of psychological terror in the bill gives creates a distortion.

The philosophy of this project is in total contradiction with that of the majority, who advocates a divorce without faults, who advances the idea of quotas for prisoners and who wishes for lighter sentences. Could there be a connection with the revenge spirit ⁇ ined by some MPs? This kind of conflict is undoubtedly part of human nature. I do not wish to take the defense of any criminal but I will not subscribe to the presentation of the facts put forward by Mrs. Dardenne that we must settle their account to the monsters.

I also fear that this problem does not provide any solution to the unprotected status of women in closed communities that belong to another culture. by

This project should have been the cornerstone of a series of measures. It is now the first and if it is effective it will be started. Marriage, the foundation of society, is now questioned.

If the intentions are praised, the result is nothing of good. For all these reasons, the Vlaams Blok should be in order to prevent domestic violence. I suspect that this will not succeed, on the contrary. It is often said that it is difficult to impose heavy penalties to scare off. This is also said in connection with the death penalty. This is always the reasoning that I hear from many in the hemisphere. It is precisely in family difficulties, in a situation where people are sitting on each other’s lips, that punishments are increasing and punishments are heightened. What else are they doing besides that? One makes a material good, though the family home, and thus one of the most important goods, from the wealth, a privileged use of the struggle. Believe me, once one stands before the peace judge or before the judge at the ground, the struggle will not be tempted, but rather aroused, in more cases than before. What is the reflection of a lawyer? When he now receives such a case, he will look at the preferential allocation of the family home and immediately look for serious indications: are they there in the case of the claiming wife or are they not there in the case of the defendant spouse.

That is the spin-off of this law that you will create, the spin-off that you may not want. I speak here as someone with almost ten years of experience in practice. This is the reasoning of lawyers and that will be a consequence of this law.

You will also be allowed to include the psychological terror in the bill. As mentioned earlier, it is difficult to prove. Psychological terror is a phenomenon that is very difficult to grasp in evidence. However, I consider that leaving the way leads to a disconnect and that the judgment of the guilt is not easier for the judge. Years of harassment and harassment by a man of his wife, after a few acts of violence by the woman against her husband, could even lead to her losing her right to the preferential allocation of the family home.

I am convinced that in some cases — I do not say in all cases — there will be a further acidification of the relationship, often also with an effect on the children, who together with the family home will become the initiator of the conflict to be resolved.

Finally, the vision of this bill is somewhat contrary to the current philosophy of the majority. We are talking about innocent divorce. There are several proposals here in Parliament regarding mediation in all possible legal conflicts. One is engaged in accompanying perpetrators, with fewer and milder penalties, with quotas for prisoners, and so on. But it is precisely in this area, where the most intimate sphere of the citizens’ lives is concerned, that punitive action is being taken, that accusations are being aggravated. That is regrettable, that is an inconsistency that cannot be accepted.

It reinforces my assumption — I just heard Mrs. Dardenne — that some in this Parliament have a sort of revenge idea. Mrs. Dardenne, you are now calling, but I address the word to you; I do not want to make fun of the problem of family conflicts. I would never have stated that men hang on their goods, that they indeed find it unfair to lose their goods. You laughed at it! I do not laugh at it, it is the most human conflict of all, and I do not ask for any understanding for the perpetrators. To imagine, however, with a little laugh, that one will soon settle with some kind of monster, in that philosophy I cannot go with. Abstain from voting. Colleagues, I also fear — and it must be done without raising an accusing finger — that we will not get a grip on certain closed communities coming from other cultures where in some cases the woman is almost an unrighteous being. With this bill, we will not have access to those parts of society. For those closed communities, where women are usually treated less well from a cultural background, the necessary efforts will need to be made to capture the perpetrators in those environments.

I think this bill might have been the last of a whole series of measures. Now, however, it comes as the first point and a lot of herb is thrown away, which is useless. Marriage—which here too is once again tossed and twisted by the lack—will no longer be the cornerstone of society. This bill once again makes a loosely sound of it.

Finally, Mr. Secretary, I have to say this. Despite all good intentions, and no matter how noble, noble and good the intentions may be, yet I fear that the bill will not lead to the desired outcome.

In my opinion, this is not a good bill and the Flemish Bloc will abstain when voting on it.

In a so-called modern society like ours, it is surprising to find that the treatment of complaints for domestic violence is far from being settled. On the contrary! More than 90% of complaints about acts of domestic violence are classified without follow-up. Such a finding leads us to recognize that there is too recurrent impunity in the head of the perpetrator of the violence and that the victim, seeing no sanction, loses confidence in the ability of the judicial authorities to fight the phenomenon of domestic violence. by

The issue of the allocation of family housing is now addressed. I would like, Madame the Minister — I will return, at the end of my presentation, to this problem — that we go even further and talk about office domiciliations.

Legislative changes have already taken place. I think of the law of 24 November 1997 which recognized a social dimension to the phenomenon of domestic violence by encouraging victims to contact the police services, raising awareness among prosecutors and police services in order to better follow up on complaints and allowing the temporary removal of the alleged perpetrator.

The bill is part of a legislative evolution that can only be favourable. The possibility given by this project, in some cases of domestic violence, to grant the enjoyment of the domestic household to the spouse victim of domestic violence, who makes the request, constitutes a not negligible advance in the fight against domestic violence. by

However, it is worth not to stop on such a good path. First, our group wants a real reform of the Criminal Code to take into account the phenomenon of conjugal violence. We think, in particular, of a specific criminal provision that punishes sexual violence within the couple. A greater severity in the penalties sanctioning simple beats and injuries would also be appropriate.

It is estimated that more than 90% of complaints related to domestic violence are filed. The law of 24 November 1997 provides the possibility of removing the suspected perpetrator, and the current draft means a significant legislative progress. But why not go further? Our group wants an effective reform of the Criminal Code. We also advocate for awareness of the various stakeholders such as doctors and social services. The prevention areas and reception centers should have more resources. And also the school must fulfill its educational task of defending the basic values of our society. Our group will vote in favour of this draft. I would like to come back to the problem of the home of office. There is currently no legal way to address a number of situations. On the other hand, we pledge for an increased awareness of the various intervenants. It seems essential that the police services can be correctly formed to this problem with regard to the attitudes to develop. Doctors must be able to identify the acts of violence and to prevail their duty of assistance to the person and danger on the principle of professional secret.

Social services and prevention areas must be improved. The prevention centers need to be more and have more financial resources to develop targeted actions. Accommodation needs to increase and diversify. We think of first aid and emergency shelters, the establishment of equipped and secure family apartments.

Finally, it would not be unnecessary that awareness for preventing domestic violence begins from primary school through thematic approaches to issues such as gender equality, self-respect and respect for others, relationship with the body. We also believe that a lack of vigilance by parents about the TV programs children watch can develop in the future inappropriate aggressive behaviors. There too, the school must play its role in terms of defending the fundamental values of our society.

Our group will vote in favour of this bill because it is an important step in the right direction, even if it should go even further. I will return here to the office homework I was faced with as a mayor. Indeed, in my municipality, a gay husband houses two of his little friends who have, in addition, elected home at home. As a police report, I refused as a mayor a third domicile. But the Ministry of the Interior, not sharing my position, sent inspectors on the spot. The latter estimated that, despite the problems they found, there was enough space in this family housing so that an additional person could reside there. Eventually, the problem was resolved as under pressure from the police and the mayor, the person concerned took a home elsewhere. But we are still faced with the presence of the other little friends of the husband in the family home that cause the wife to suffer and we do not have any legal means to settle this situation. We submitted the case to the prosecutor who replied that he was incompetent in this matter.

The case is now in the hands of the Peace Judge. I really think that there must be a way to legislate at the level of home offices. I count on you, Mrs. Minister, to continue to make this law evolve.

Mr. Speaker, you allow me first to highlight the work of Mrs. Dardenne who made, on this tribune, an excellent report where everyone has been able to find the richness of the debate that we had in committee.

by Mr. Bourgeois wondered if the project was a sufficient response to the harsh reality of women victims of severe intra-marital violence, including physical. No, this is not a sufficient answer, but it is a necessary answer. It is one of the key elements of a much broader plan. At the request of the Belgian Government

My answer to Mr. Bourgeois is that this proposal is not sufficient as an answer, but it is necessary. It is the cornerstone of a larger plan. The government has developed a national action plan. The first part of this involves the formation of all involved. A S’est doté d’un plan d’action national de lutte contre la violence dont les femmes sont victimes. Their

This plan speaks of training and many here have evoked the need for training of stakeholders who are brought to deal with this intra-marital violence. The plan also talks about means of evidence to be given to victims, a general campaign to be conducted in relation to the federal level and regions and communities, the need for the Attorneys General to equip themselves with a particular criminal policy in the matter, the need to have much more efficient sexual statistics and prevention. This project is a first response, but it alone is not enough. by

by Mr. Bourgeois is right to say that first of all a change of mentality is needed. It is true, but this change, one cannot simply wait for it; one must work on it, prepare for it. As I just said, there is a need for prevention and training, especially in police services. We are committed to the task. Therefore, the training of police officers was very important. Many of them have enrolled in basic training and in continuing training. Special days of information on violence in the couple were organized for their purpose. In February 2003, the Supreme Council of Justice will organize several days of training for magistrates, notably with Professor Bruynoog and Ms. Pascale Franck; I allow myself to quote the latter since, in Antwerp, a quite extraordinary work is done about this intra-marital violence. I think it will be a quality contributor for this kind of training. by

All this proves that we are obviously well aware of the need to act. Just like Mr. Bourgeois, I can quote my experience as a lawyer; I know that too often these violations are regarded as private affairs that do not belong at all to the public order. We must be able to say clearly that this is not the case. by

It is true that too many files are classified without follow-up. The Franchimont Law states that when there is a non-sequential ranking, a motivation is required, except in special cases.

The circular specifies the cases in which one can escape motivation. According to the information provided to me, this would be the case, in particular, for disputes between persons. So I took the initiative to write to the Minister of Justice to evoke this exception, requesting that it be discussed again. Per ⁇ this would enable the problem of the classification without success.

Finally Mr. Bourgeois believes that this notion of exceptional circumstances poses a problem. I do not think so. This notion would allow peace judges, judges of referred persons to deviate from the path indicated in the bill, namely the preferential assignment of family housing to the victim of physical violence. This is ultimately part of a willingness to trust the close-knit work of peace judges. A clear indication is given: a particular motivation of peacekeepers if they deviate from the path suggested by the bill. I think the appreciation work of the peace judge is quite necessary, especially in this matter. As a lawyer, I do not believe that this risks slowing down the proceedings. by

Mme Grauwels a beaucoup parlé du silence qui entoure la violence: le silence au sein du couple, le silence des enfants — que l’on peut other part relates to the evidence to be made available to the victims and the need to develop a specific criminal policy and to draw up statistics according to gender.

We need to work on a mentality change. Officers should be trained. In February 2003, the High Council for Justice will organize training for magistrates. Too many files are filed. The Franchimont law requires a justification in this case. I have called on the Minister of Justice to question this. I do not think that the concept of exceptional circumstances is a problem; the judgment work of the peace judge is necessary. Ms. Grauwels spoke extensively about the silence surrounding violence and Mr. Hove described the problem around the world. At European level, we are working on indicators on violence. Mr. Arens, we will be able to talk about the problem of the imposed housing choice later.

The Flemish Bloc believes that this design will discourage marriage. Marriage costs something. This is ridiculous and shameful. You might think that such statements belong to the past. Well no !

The Constitution states that men are equal to women. We must act effectively about that where you make. This draft is therefore an example. This afternoon comes yet other designs in die zin aan bod. De regering blijft vooruitgang boeken in deze aangelegenheid. To understand — the silence of the neighbors, the silence of the authorities — I mean the communes, the police services, the judiciary in the broadest sense of the term. It is true that this silence has weighed terribly for many years. We begin to get out of it slowly. A project like this allows to spread more clearly what is happening on the other side of the door.

Mr. Hove, you have positioned the problem at a global level. It is true that Belgium is not the only country that knows about intra-marital violence. We are working hard at European level to obtain indicators of violence against women. Under each presidency, a choice is made regarding the problem of gender equality. We ensure that countries benefit from relevant indicators.

Thus, under the Belgian Presidency, we had chosen the indicators of wage inequality between men and women. Denmark has chosen indicators of intra-marital violence, of which women are victims. By the end of the year, we could see some interesting progress in this area. I also agree with Ms. Drion on the need for consideration, a much more general awareness of this problem.

Mr. Arens, we talked precisely before you went up to the tribune on the issue of office domicile. This is not necessarily part of the discussion of this project, but we will have the opportunity to talk about it more broadly later.

Finally, the Vlaams Blok exposed terrible theses. This would be counterproductive compared to marriage. So you want marriage at any cost. It doesn’t matter if women are fighting. What matters is that we get married. It is crazy! It is ridiculous! It is shameful! In a commission, the representative of the Vlaams Blok had said "Maybe in the end women are looking to be beaten in the couple." These words are believed to date from the last century. Well, no, we still hear them in our time. After this kind of argument, it is better that you vote against this bill. This would be more confirmed to your choices of society.

Mr. Speaker, my choice is obviously that of a democracy, where, in accordance with the Constitution, men and women have, in fact, the same obligations and the same rights. In order for this to be so, not only texts must be drafted, but resolute acts must also be drafted. This bill is one of those acts. This afternoon, we will examine two other answers, which are in particular within the framework of the Anti-Discrimination Act and the Institute for Gender Equality. This means that the government has truly decided to take the problem of male/gender equality by arm-to-arm the body, in the follow-up to what had been done before. I always wanted to highlight the work of the one who preceded me in the department. As a result, we continue to work on this still very current problem. This is a singularity of the rainbow that I am, Mr. President, ⁇ proud of.

Mr. Speaker, Mrs. Minister is apparently possessed by such a virulent hatred towards the Flemish Bloc that she has not taken into account every reasonable argument I have put forward. It completely distorted the end of my speech. I regret that. I repeat that the Flemish Bloc will refrain from this bill. We do not vote against, because we are sensitive to the social

Minister Onkelinx devotes such a hatred to the Vlaams Blok that she did not follow any of my arguments. and problems. Mevrouw of minister has dat blijkbaar niet begrepen. ( ... ...

Mr. Schoofs, I would like you to take that back. This is a personal accusation that you cannot make.

She can always take this as a personal fact and respond to it, Mr. President. You have the right to have the passage removed from the debate. I will be worried if you do.

It also completely distorted the end of my presentation.