Rainbow of Macau’s Response to Enactment of Discriminatory Domestic Violence Law
08 May 2016, Macau — Rainbow of Macau received the Legislative Assembly’s official reply that the government had decided to exclude same-sex relationships from the scope of domestic violence legislation because of the “controversy” of same-sex partners being considered as “family members.” Before the final reading of the bill on 20 May 2016, the Rainbow of Macau would like to make the following statement.
The United Nations Committee against Torture has issued its concluding observations in December 2015 that the Macau government should protect victims of domestic violence without discrimination. Therefore, it is Macau’s government obligation under international law to accord equal protection to persons in same-sex relationships against domestic violence. Rainbow of Macau regrets that the Macau government knowingly enacts a discriminatory law that is against the superiority of international law.
Furthermore, Rainbow of Macau further is deeply concerned that the ratification of a discriminatory law will send a harmful message to Macau communities that discrimination on the ground of sexual orientation is justifiable. The authorities attempted to defend themselves from the accusation of “discrimination” by claiming that the Social Work Institute would also provide domestic violence-related services to persons in same-sex relationships regardless of the inclusion in the domestic violence law. However, the authorities have failed to exhibit truthfulness and sincerity in protecting LGB people from domestic violence. Since the announcement in late 2012 about the removal, the authorities changed its arguments backing exclusion from time to time. “The lack of social consensus,” “inconsistency of laws,” “later resolving same-sex issues in the revision of Civil Code” were all used by the authorities to justify the exclusion but were refuted by Rainbow of Macau and other concerned groups.
In the latest version of the domestic violence bill, the relationship between the predator and victim is defined as “relatives and its equivalents.” The relationship is no longer narrowly defined as “family members” as in the previous version of the bill. The latest version of the bill makes the inclusion of people in same-sex relationships even easier. Also, in the respect of intimate partners, marriage is not a prerequisite for protection. “Relationship similar to that of spouses” is included. An intimate relationship does not depend on marriage registration nor necessarily develops into marriage. The deprivation of same-sex partners of the same protection is hardly justifiable.
The enactment of law specifically to handle domestic violence is to require the state to prevent tragedies by their early intervention in violence between persons in intimate relations or with economic dependency.
It is widely known that in the absence of a domestic violence law, victims may be bound by traditional ideas not to seek legal help. The inability to effectively take the predators to justice may make the occurrence of violence more frequent and severe. The reality of stigmatisation of same-sex relationship puts gay, lesbian and bisexual victims in an extremely vulnerable position. In the fear of revealing their sexual orientation, gays and lesbians are less likely to seek help even in the face of violence.
Contrary to heterosexual counterparts, gay, lesbian and bisexual victims may have difficulties talking about their same-sex relationship with their family in the very first place, not to mention domestic violence. When reporting the case to authorities, one may have to endure a tremendous amount of stress when he or she has to disclose the stigmatised relationship and experience of violence.
Due to the stipulation of the mandatory secrecy, a domestic violence law inclusive of same-sex relationships will make gay, lesbian and bisexual victims feel comfortable to seek help. In this case, the law will require frontline social workers to proactively identify and follow same-sex domestic violence cases, resulting in effective protection of the LGB members against violence.
A domestic violence law excluding the same-sex population will leave same-sex victims in the status quo in which experience of violence from their intimate same-sex partners may not have to be reported to the authorities.
