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6. Epilogue: Some Thoughts on Protecting Women's Rights in the Family and Beyond
- ISEAS–Yusof Ishak Institute
- Chapter
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6 Epilogue:SomeThoughtson ProtectingWomen’sRights intheFamilyandBeyond TheresaW.Devasahayam Women’srightsincountriestheworldoverareprotected byagamutoflaws.Therearepiecesoflegislationenabling women’sparticipationinthepublicsphereorcivilsociety andthearenasofeducation,massmedia,marketeconomy, andpolitics.Therearealsolawsprotectingwomen’srights intheprivatesphereofthefamily.Familypracticesonthe roleandauthorityofthefatherinthefamily,obligations anddutiesofbothhusbandandwife,divorce,inheritance rules,childcustody,andotherrelatedissuesareallgoverned bylaws.Civilfamilyandmarriagelegislationfoundinthe differentcountriesinSoutheastAsiaareaboutcorrecting the asymmetrical relationship between men and women in their personal lives — an arena where intervention is evidently problematic because it involves interfering in people’sprivatelives. TheSingaporeWomen’sCharterisnodifferentfrom numerousothermarriageandfamilylegislationfoundin countriesintheregion.TheCharterisaboutwomenandmen 06SWC.indd179 1/24/112:49:14PM 180 TheresaW.Devasahayam —theirroles,responsibilities,andrights—inthecontextof familyandmarriage.Sinceitspromulgation,theWomen’s Charter has been a landmark legislation, safeguarding women’s rights in matters related to marriage, divorce, matrimonialassets,maintenance,andcustodyofchildren. Although called the Women’s Charter and commonly perceivedtobepro-woman,thelegislationisgender-neutral, protectingasitdoestherightsofbothwomenandmenin amaritalrelationship. In spite of its efficacy, the Women’s Charter is not withoutimperfections.Whileitprotectsaspouse,former spouse, child, stepchild, adopted child, parents, parentsin -law,andanyotherrelativeorincapacitatedindividual whoisregardedbythecourtasamemberofthefamily, couplesindefactoor“informalmarriages”areexcluded. Another limitation of the Charter is that only the victim of family violence can apply for a protection order; it has been found that in many instances, however, the victim often believes she cannot help herself and, as a result, does not take the necessary action to end the abusive relationship. The Women’s Charter falls short in yet another way. The amended Charter makes it mandatory not only for the abuser, but also the victim, to undergo counselling. To this end, the legislation has the potential effect of “blaming the victim”. Another shortcomingoftheCharterrelatestohowithasbecome enforced; procedural guidelines to ensure the effective enforcement of maintenance orders are much needed for: (a) reducing conflict between spouses and exspouses about future continuing financial obligations; (b) encouraging shared parental financial responsibility; 06SWC.indd180 1/24/112:49:14PM [3.145.93.210] Project MUSE (2024-04-26 09:36 GMT) ProtectingWomen’sRightsintheFamilyandBeyond 181 and(c)ensuringthattherecoveryprocessformaintenance isnotoverlyburdensome,time-consuming,orcostlyto the individual who has already gone through the effort andexpenseofobtainingafinalmaintenanceorderfrom thecourts(SCWO2009).Inthisregard,theenforcement of the law is as critical as the promulgation of the law itself.Thegoalofenforcementistoachievecompliance withtheruleofprescribedbehaviourtothedegreewhich Singaporebelievesitcanafford,basedonitsresources. Here, the law needs to be effectively enforced because social norms are not strong enough; in this case, “law enforcementalsomaybeabletoreinforcesocialnorms andtherebyindirectlycontributetoeffectiveenforcement” (Polinsky and Shavell 1998, p. 42). As in the legislation protecting women’s rights in thefamilyintheothercountriesinSoutheastAsia,there havebeenseveralamendmentstotheSingaporeWomen’s Chartersinceitspromulgation.Theyear1996,forexample, sawamendmentstotheWomen’sCharterActwhichbroadened the definition of violence to include intimidation, continualharassment,orrestraintagainstone’swill,and providedcounsellingordersforvictims.Inthismatter,the governmenthastakenaninteragencyapproachinvolving the courts, police, hospitals, and social service agencies to help victims of violence and the perpetrators. These amendmentsareclearlynotonlyanexpressionofpolitical willonthepartofthestatetoensuregreaterprotection to women, but also a recognition that violence against womenisacomplicated...