Legal right to protection

For many years, FHK has been committed to a legal right to protection and assistance in cases of violence. We want to ensure that women and their children receive adequate support in cases of gender-based violence. A nationwide legal right offers victims of violence greater legal certainty. From FHK's perspective, this legal right is necessary so that:

  • Immediate protection is guaranteed nationwide for all women and their children affected by violence. Those affected must be able to access support facilities and claim benefits nationwide, regardless of which municipality or federal state they come from.
  • Low-threshold access to protection and assistance is guaranteed, regardless of the women's income and assets, place of origin, residence status, and health status. The assistance must be provided to the women and their children without any financial commitment on their part.
  • there are nationwide, specific facilities such as women's shelters and specialist advice centres that offer reliable and needs-based services and also cater to special needs, for example in the case of disabilities.

Effects of the legal claim

A legal right regulated by federal law provides women affected by violence with a legal basis on which they can claim protection, counseling, and support in the event of violence and, if necessary, sue for it. It substantiates the state's general duty to protect life and physical integrity, enshrined in the Basic Law.

In our view, this legal right allows the state to fulfill its responsibility to protect women and combat violence against women. Furthermore, this legal right recognizes the illegality of violence for those affected by violence. Geschlechtsspezifische Gewalt is recognized as a problem for society as a whole and not as a private problem.

The legal entitlement provides operators of women's shelters and specialized counseling centers with greater financial and planning security. They are no longer dependent on voluntary government benefits or budget constraints at local and state levels. If compensation agreements fail, they can appeal to arbitration boards.

 

You can get more here Information on financing the assistance system in Deutschland.


ADDITIONAL INFORMATION

Regarding the legal right to protection, see the statement by Prof. Dr. Stephan Rixen in the public session of the Committee for Women, Equality and Emancipation, 09.01.2013 January XNUMX in the NRW State Parliament.


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