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8 AsJCL 1 (2013)

handle is hein.journals/asjcoml8 and id is 1 raw text is: 

doi 10.1515/asjcl-2013-0008 - ASJCL 2013; 8(1): 1-26


Article


Jeswynn Yogaratnam *

A   Review of the 2010 Domestic Violence Law

in   Timor-Leste

Abstract: In July 2010 the Timor-Leste Government promulgated the Law Against
Domestic  Violence. This is part of a constitutional promise to improve women
and  child security. Inherent in this development is the shift from traditional
dispute resolution system to a state criminal justice system. This shift identifies
domestic violence as a public crime and relies on greater participation from the
stakeholders of domestic violence, i.e., the police, prosecution, legal services,
health care services, social care services and community leaders. This paper
examines  the legal framework of the new domestic violence law and the impact
on the stakeholders in delivering the legal obligation to promote women  and
child security in Timor-Leste. Inherent in this discussion is the question of
whether the new  law can reform the traditional justice system, change commu-
nity behaviour and meet the competing challenges of cultural relativism in each
district of Timor-Leste.

Keywords:  Timor-Leste, domestic violence, law, 2010


*Corresponding author: Jeswynn Yogaratnam, Charles Darwin University, Casuarina, NT,
Australia, E-mail: jeswynn.yogaratnam@cdu.edu.au




I.  INTRODUCTION

On 7 July 2010, the Timor-Leste Government promulgated Law  No. 7/2010 as the
new  state law on domestic violence (hereinafter referred to as the new law).'
This was  part of a constitutional promise to uphold principles of universality


The observations and analysis in this article are based on Mr. Yogaratnam's findings during and
after an AusAID gender violence project in Timor-Leste (2009-2011). The AusAID project was
conducted together with Dr. Suzanne Belton and the Judicial System Monitoring Programme
(JSMP) of Timor-Leste.
1 Law No. 7/2010.


DE GRUYTER

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