Introduction
With the passing of the Protection Against Violence Act (GewSchG) in 2001, the legislature set a milestone for the protection of people affected by violence and for gender equality policy. Under the short formula ”He who hits, leaves”, an effective instrument was created for the first time, offering victims protection and time to clarify their future personal perspectives after suffering violence in partnerships.
In 2013, the Act on Perpetrator Responsibility created the possibility, among others within the framework of Section 153 a (1) No. 6 of the Code of Criminal Procedure (StPO), to refer suspects to participate in a ‘social training course’. In the field of domestic and partnership violence, this includes in particular behaviour change programmes carried out in accordance with the standards of the BAG Täterarbeit Häusliche Gewalt e.V. (National Association for Work with Perpetrators of Domestic Violence), which also take gender-specific aspects into account (so-called perpetrator work programmes).
With the ratification of the Istanbul Convention (IC), Germany committed itself under Article 16 of the IC to ‘take the necessary legislative or other measures to set up or support programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent patterns of behaviour.’[1]
In order to end domestic and gender-based violence in the long term, suitable programmes and approaches are needed that support those who use violence in taking responsibility for their violent behaviour and stopping it. Based on the preamble of the IC, which emphasises the structural nature of gender-based violence, and the resulting placement of perpetrator work in the prevention chapter, it becomes clear: addressing structural aspects of domestic violence in particular – for example, by examining gender roles – plays a central role in the context of perpetrator work programmes. In legal practice, however, further measures are needed that take effect in both civil and criminal law.
The GREVIO report from autumn 2022 identifies significant development needs to improve the situation of victims of violence in Germany. These include the lack of provision of women’s shelter places, as well as the lack of synchronisation between contact proceedings and protection against violence, and the lack of sustainable funding for standard-based perpetrator work programmes. The recently published Monitor Report by the German Institute for Human Rights on the implementation of the Istanbul Convention quotes the recommendation of the Conference of Interior Ministers (IMK) from summer 2024. It was suggested there ‘whether such an order for mandatory participation in violence prevention counselling is possible and expedient under federal law in order to reduce the number of perpetrators of domestic and, in particular, partnership violence.’[2] As early as March 2024, the BAG Täterarbeit Häusliche Gewalt e.V. called for the introduction of mandatory perpetrator work as part of an amendment to the Protection Against Violence Act within the framework of the B-L-AG Häusliche Gewalt.
We therefore expressly welcome the efforts to further expand protection against violence and, in particular, to anchor perpetrator work in the civil law sector. Especially in view of the Federal Criminal Police Office’s situation report on gender-based violence presented in November 2024[3], we see an urgent need to adapt and expand the legal basis for this.
Furthermore, we would like to thank you for the opportunity to comment on the above-mentioned ministerial draft. We consider the creation of a civil law basis for mandatory participation in perpetrator work programmes proposed in the draft to be urgently required.
The present draft law provides for both the anchoring of electronic monitoring (EM) and the obligation to participate in perpetrator work programmes in the Protection Against Violence Act (GewSchG).
On the obligation to participate in perpetrator work programmes (Section 1 (4) RefE GewSchG)
The introduction of the possibility to oblige perpetrators to participate in a social training course, as provided for in the ministerial draft, takes into account the original concern of the GewSchG by enabling more effective and sustainable protection for victims of violence through perpetrator work. In particular, the obligation to participate in social training courses or perpetrator work programmes in the GewSchG offers the opportunity to react quickly to partnership violence and to close a gap that has existed in the intervention chain until now.
Therefore, the draft creates an important legal basis for utilizing the potential of perpetrator work and ensuring the rapid referral of suspects to perpetrator work facilities. Until now, there has been no nationwide basis for the legally secure transfer of data to perpetrator work facilities during the initial police intervention and subsequent processing of cases of partnership violence, even though the so-called proactive approach in particular offers the chance of rapid intervention. We therefore welcome the planned innovations, but also draw attention to the need to expand further measures for the rapid referral of suspects, including the proactive approach.
In perpetrator programmes, those who use violence must confront their behaviour, explore the causes and background of the violence, and practice changes in behaviour. As a result, perpetrator work is particularly effective in the long term and prevents further violence. A decisive factor for this is that perpetrator work does not take place arbitrarily, but according to specific criteria and requirements. For this reason, the BAG Täterarbeit Häusliche Gewalt e.V. developed quality standards in a process spanning many years together with women’s support services and the Ministry for Family Affairs, in order to define crucial framework conditions that are decisive for sustainable behaviour change.[4] These include, among other things, a critical and gender-sensitive basic attitude as well as a long-term orientation of the intervention. Furthermore, perpetrator work must not take place in isolation, but must be integrated into inter-institutional cooperation alliances with the police, the judiciary, youth welfare services, and women’s support services. Perpetrator work according to standards thus differs significantly from other forms of intervention such as anti-violence training, which cannot meet the requirements of Article 16 IC.
Against this background, we advocate that the court order for mandatory participation in a social training course planned in Section 1 (4) sentence 1 GewSchG should be made to perpetrator work facilities that work according to the standards of the BAG Täterarbeit Häusliche Gewalt e.V. and whose work aims at long-term behaviour changes. Only in this way can it be ensured that the (gender-specific) causes are adequately addressed and victims can be protected in the long term.
Such professional, high-quality perpetrator work requires the provision of sufficient personnel and material resources. Although 91 facilities are now represented nationwide in the BAG TäHG, there are still significant gaps in the supply map for equality-oriented perpetrator work. [5] There is a considerable need here to fulfil the mandate to protect victims of violence. The ministerial draft does not mention any additional costs for the federal states regarding mandatory participation in perpetrator work. Contrary to the statement in the draft, the BAG TäHG sees a significant need for funding at federal and state level to ensure and expand standard-compliant perpetrator work programmes.
With regard to judicial referrals to perpetrator work facilities, it must also be pointed out that in existing legal practice, the long-term orientation of perpetrator work is often not taken into account. In the interest of protection against violence, however, it is essential that persons who use violence are not just referred to perpetrator work facilities for a few hours, but are obliged to participate in a social training course. This circumstance should be taken into account through further training in the judiciary and corresponding wording on the duration of a social training course in the draft law.
On the introduction of electronic monitoring (Section 1a RefE GewSchG)
The BAG Täterarbeit Häusliche Gewalt e.V. clearly speaks out in favour of mandatory referral to a perpetrator work facility in all cases of domestic violence. The ordering of electronic monitoring (EM), on the other hand, must always be made as part of a case-by-case decision.
The electronic ankle tag is a repressive measure for monitoring location with the aim of preventing further serious criminal offences. EM represents a significant interference with personal rights and must be carefully examined before it is ordered. In cases of partnership violence, EM is therefore not suitable as a fast-acting form of intervention and, in itself, does not possess any preventive character. It should therefore be compulsorily linked to the order for mandatory participation in a social training course.
From our point of view, EM is primarily suitable for supporting the fundamentally required forms of intervention for the protection of victims and perpetrator work in individual cases. A uniform risk assessment is required for its ordering. This is not yet available nationwide and would have to be located at the family courts. To carry out a judicial risk assessment, ordering, and monitoring, ongoing training and further education for judicial staff are needed.
The planned placement of EM in the GewSchG will therefore bring some challenges for the family courts in the future.
A prerequisite for the effective implementation of the planned two-component model for monitoring the contact and distance order is also sufficient resources and a corresponding police infrastructure. This is hardly available in rural areas, for example. EM can therefore only make a limited contribution to preventing further serious acts of violence. In the event of an alarm, it is to be feared that victims cannot be granted rapid and appropriate protection and are initially left to their own devices regarding their safety.
The ministerial draft points out that EM must always be a time-limited measure. Especially in contentious contact and custody proceedings, its suitability should therefore be reconsidered, as the proceedings mentioned often extend over long periods of time.
EM can therefore only contribute to danger prevention in individual cases. However, it is hardly a suitable means to counter the worrying development of increasing gender-based violence against women and TIN* persons that has been observed for years. This requires a society-wide preventive strategy and not just a reactive instrument for control and deterrence. In the field of partnership violence, standard-oriented perpetrator work programmes are a means of achieving long-term behaviour changes in persons who use violence. A regular obligation to participate in social training programmes in cases of domestic violence is therefore required in the interest of protection against violence.
About the National Association for Work with Perpetrators of Domestic Violence (BAG Täterarbeit Häusliche Gewalt e.V.)
The National Association for Work with Perpetrators of Domestic Violence (BAG TäHG) e.V. is the pro-feminist umbrella organisation for perpetrator work facilities in Germany and is active in cooperation alliances against domestic violence/partnership violence. The overarching goal of the BAG TäHG is to end domestic violence and gender-based violence against women sustainably and in the long term through work with people who use violence.
The association was founded in 2007 with the adoption of a standard for working with perpetrators of domestic violence. Together with women’s support facilities and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, the standard was last comprehensively revised in 2017 and published by the BMFSFJ.
Our tasks are the quality and standard assurance of perpetrator work in Germany, the expansion of networking and cooperation in the work against domestic violence, and advising politics and administration on perpetrator work in domestic violence.
We currently represent 91 perpetrator work facilities nationwide. Our members are facilities and specialist counselling centres that work with people who use violence and have committed themselves to the recognised standard[6] for working with perpetrators in cases of domestic violence.
Further information/ Contact person:
Linda Conradi
Tel.: 030 4172 1745, Email:
info@bag-taeterarbeit.de
www.bag-taeterarbeit.de
[1] https://www.bmfsfj.de/resource/blob/122280/cea0b6854c9a024c3b357dfb401f8e05/gesetz-zu-dem-uebereinkommen-zur-bekaempfung-von-gewalt-gegen-frauen-istanbul-konvention-data.pdf, downloaded on 06.12.2024
[2] German Institute for Human Rights, Reporting Office on Gender-Based Violence, Monitor Violence against Women, Implementation of the Istanbul Convention in Germany First Periodic Report, December 2024
[3] https://www.bka.de/SharedDocs/Kurzmeldungen/DE/Kurzmeldungen/241119_BLBStraftatengegenFrauen2023.html, downloaded on 06.12.2024
[4] https://www.bmfsfj.de/bmfsfj/service/publikationen/arbeit-mit-taetern-in-faellen-haeuslicher-gewalt-80734
[5] https://www.institut-fuer-menschenrechte.de/fileadmin/Redaktion/Publikationen/Weitere_Publikationen/Monitor_Gewalt_gegen_Frauen_2024.pdf, p. 159
[6] BAG Täterarbeit Häusliche Gewalt e.V.: Working with Perpetrators in Cases of Domestic Violence: Standard of the National Association for Work with Perpetrators of Domestic Violence. Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Ed.). Berlin, 2021
