DOMESTIC VIOLENCE FAIRNESS AND CULTURAL CONSIDERATIONS BY SUJATA WARRIER Asian Pacific Institute on Gender-Based Violence Formerly, Asian & Pacific Islander Institute on Domestic Violence info@api-gbv.org | www.api-gbv.org March 2002 © Asian & Pacific Islander Institute on Gender-Based Violence

Goals Of This Session To define the terms culture and cultural competence and respect the dynamics of difference. To identify ways in which culture is relevant. To recognize cultural misinformation and avoid assumptions about a person or the facts of a situation based on misinformation. To identify personal biases that are brought to any encounter that might influence the interpretation of facts and making of decisions in domestic violence cases.

Why Should We Consider Culture? Culture shapes an individual’s experience of domestic violence. Culture shapes the batterer’s response to intervention and acceptance of responsibility. Culture shapes access to other services that might be crucial for the victim. The culture of the system and the victim will impact outcome.

What Is Culture? Historically and anthropologically thought to be a stable pattern of beliefs, values, thoughts, norms etc.. that are transmitted from generation to generation for successfully adapting to other group members and their environment. The problem is that this is an outdated definition.

Definition Of Culture A critical definition of culture refers to shared experiences or commonalities that have developed in relation to changing social and political contexts, based on: race ethnicity sexuality religion age class immigration status disability status or other axes of identification within the historical context of oppression

Cultural Competence Is.. About both individual and institutional practice. Characterized by the acceptance of and respect for difference. About continuous self-assessments regarding culture with special attention to and respect for the dynamics of difference.

Working Assumptions IN GENERAL: Women and men have the right to live free from violence and the judiciary can take preventive action against domestic violence. Victims have the right to safety and self-determination, which might include staying with the perpetrator, family and community or leaving the relationship. The batterer is responsible for the violence. Domestic violence cuts across race, ethnicity, class, sexual identity, religious affiliation etc..

Working Assumptions CULTURALLY COMPETENT ASSUMPTIONS: All cultures are contradictory in that there are both widespread acceptance of domestic violence as part of society and traditions of resistance. Each victim is not only a member of her/his community, but a unique individual with their own responses. The complexity of a person’s response to domestic violence is shaped by multiple factors. Each individual comes into the courtroom encounter with cultural experiences and perspectives that might differ from those present in the courtroom. All institutions have to develop specific policies and procedures to systematically build cultural competence.

Therefore Cultural Competence Approaches the definition of culture with a reflective eye and an open mind. Incorporates an awareness of one’s biases. Recognizes that diversity exists both within and between cultures. Combines general knowledge about various cultures with specific information provided by the person.

Cultural Identity Refers to the way in which a person defines himself or herself culturally, based on that person’s unique set of experiences. Might contain contradictory, multi-faceted and often-changing elements. For example: a person might identify as Italian and not speak a single word of Italian, a person who grew up working class might now identify as a white-collar professional, a biracial person might identify with both heritages, a gay or lesbian might identify with organized religion that does not accept homosexuality.

Remember ... Culture is complex, fluid, changing and bound by time and space. Identities are also bound by time and space and are usually multifaceted. Therefore…. Achieving Cultural Competence….. Is a challenge and a continuing process. There are no simple answers.

Cultural Misinformation Refers to historical information about a group of people that is applied as a generalization to an individual. It limits what we can see and understand about an individual. Associates a set of attributes to a group and then applies group attributes to an individual of that group. Describes how most people of a group supposedly behave and how they should behave. Often used to justify mistreatment of individuals by the dominant culture.

Checklist For Reducing The Influence Of Cultural Misinformation Recognize that it is impossible to reduce the receipt of misinformation about different cultures. Examine generalizations that you hear about different groups. Broaden your understanding and sensitivity to other cultures through a variety of means. Listen to expressions about stereotypes of other cultures. Gather information from individual in the courtroom and evaluate the information as it relates to that person’s experiences. Reach beyond your comfort level. Avoid temptation to generalize - apply only to the situation in which you received it. Increase your attention to cultural information.

“World Travelling” method of Culturally Competency Culturally challenging practices require a vision of independence and connectedness. Arrogant perception creates distance between oneself and “the Other”. Preserve the independence of the other while creating a basis for shared values and for human rights and dignity. “Travelling” is the shift from being one person in the world to a different person in another world. Difference is part of a coherent whole.

“World Travelling” method of Culturally Competency The recognition of independence and interconnectedness requires: understanding oneself in one’s own historical context with an emphasis on the overlaps, influences, and conditions one observes in the other. Understand one’s historical relationship to the other - see the self as the other sees you must see the other in their own context.