Cambodian laws do not explicitly describe the right to be protected against domestic violence as a human right. The DV Law has been adopted with a reference to Article 45 of the Constitution of the Kingdom of Cambodia, which prohibits the discrimination and exploitation of women.

No, Cambodia has neither ratified nor signed the Council of Europe's Istanbul Convention.^[2]

N/A

There is no such intention identified in open sources. Cambodia has undersigned the Declaration on the Elimination of Violence Against Women in the ASEAN Region.^[3]

Cambodia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1992 with no reservations.^[4]

In order to be compliant with the CEDAW, Cambodia has adopted the DV Law.

Regarding recommendations envisaged by Comment (general recommendation) No. 35 to the CEDAW, they are implemented as follows in Cambodia:

Optional Protocol to CEDAW

Optional Protocol is signed and ratified by Cambodia.^[5]

General legislative measures, including recommendations to (1) ensure that all forms of gender-based violence against women are criminalized, (2) ensure that the legal system protects victims/survivors of gender-based violence against women and ensures that they have access to justice and to an effective remedy, (3) repeal all legal provisions that are discriminatory against women and thereby encourage gender-based violence.

The DV Law encourages prosecuting gender-based violence, but the Criminal (New Penal) Code of Cambodia is not specific regarding such crimes, stating the general protections on Intentional Violence, such as Article 222 which clarifies that violence committed by spouses or concubines is a criminal offense and imposes a higher punishment on its commitment. Protection of victims and their access to justice is addressed by DV Law to a certain extent. As regards to the repeal of discriminatory legal provisions, the status of developing this can be scarcely found in open sources. We understand that the review of existing laws takes more time and effort than adopting a separate new law (like the DV Law), and in fact it is a more profound and efficient change in law and enforcement practice.

Prevention, including recommendations to (1) adopt and implement effective preventive measures to address the underlying causes of gender-based violence against women, (2) develop and implement effective measures to eradicate stereotypes that promote gender-based violence, (3) develop and implement effective measures to make public spaces safe for and accessible to all women and girls, (4) adopt and implement effective measures to encourage the media to eliminate discrimination against women, (5) provide mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officers, including forensic medical personnel, legislators and health-care professionals, (6) encourage the engagement of the private sector, including businesses and transnational corporations in efforts to eradicate all forms of gender-based violence against women

It is not clear, based on information from open sources, to what extent such preventive measures are adopted and implemented in reality (certain insufficiency is reported), but at least the Constitution of the Kingdom of Cambodia provides for equality of the rights of both genders. This principle is further developed in the DV Law. Activities aimed at the eradication of stereotypes are in progress, but tangible results are yet to be achieved.^[6] As regards encouraging the media to eliminate discrimination, an agreement had been signed with the Ministry of Information of Cambodia and the media that notably sought to change the behavior of society and shift from traditional ideas to new, modern ones. It notably addressed the coverage of domestic violence cases.^[7] In terms of due training of the professionals, according to open sources, such education and training has been carried out, but may be still insufficient in practice.^[8]

Protection, including recommendations to (1) adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, (2) ensure that all legal proceedings, protective and support measures and services concerning victims/survivors respect and strengthen their autonomy, (3) address factors that heighten the risk to women of exposure to serious forms of gender-based violence, such as the ready accessibility and availability of firearms, including their export, a high crime rate and pervasive impunity, (4) develop and disseminate accessible information, through diverse and accessible media and community dialogue, aimed at women, in particular those affected by intersecting forms of discrimination.

The DV Law is not very strong or particular on the protection of women complainants and witnesses. Respective provisions are not yet included in this law or the criminal procedure codes.^[9] As regards the autonomy of the victims/survivors, the DV Law allows the authorities and not only the victims to ask for protection orders. In general, there is no focus on the victim's autonomy in the DV Law. With respect to the exposure to serious forms of gender-based violence due to high risk factors (availability of arms, etc.), to the extent we can judge according to the open sources, there is no specific regulation of this kind in view of the necessity to provide extra protection to women. There has been a law on the control over concentrated acid adopted, but it is not strictly observed.^[10]

Prosecution and punishment, including the recommendations to: (1) ensure effective access for victims to courts and tribunals and that the authorities adequately respond to all cases of gender-based violence against women, (2) ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, including mediation and conciliation.

The DV Law creates a solid basis for effective access to justice for victims. However, according to information from open sources, the enforcement of this law is not yet practiced to the necessary extent.^[11] Through the Memorandum of Understanding between the Cambodian National Council for Women (CNCW) and the Bar Association of the Kingdom of Cambodia (BAKC), legal aid services were established to provide more opportunities and legal support for victims of violence against women. In addition, a voluntary group of attorneys was formed by the prime minister to supplement existing legal services, with the provision of free of charge lawyers for poor victims, including women and girls, across the country.^[12]

Article 26 of the DV Law allows for the reconciliation or mediation, at the consent of both parties (victim and perpetrator) in cases of psychological or economic violence or a misdemeanor. This is not a mandatory procedure and does not formally weaken other legal tools including criminal pursuit in respective cases. However, mediation is encouraged.

Reparations, including the recommendations to: (1) provide effective reparations to victims/survivors of gender-based violence against women, (2) establish specific funds for reparations or include allocations in the budgets of existing funds, including under transitional justice mechanisms, for reparations to victims of gender-based violence against women.

Pursuant to Article 25 of the DV Law, a perpetrator may be forced to provide financial assistance to a victim, based on the perpetrator's financial resources.

The DV Law is silent regarding specific funds for reparations to victims of domestic violence. Based on open sources, such funds are not yet set up.^[13] There are however state budgets allocated to finance legal aid to victims of gender-based violence.

Coordination, monitoring and data collection, including the recommendations to: (1) develop and evaluate all legislation, policies and programs in consultation with civil society organizations, in particular women's organizations, including those that represent women affected by intersecting forms of discrimination, (2) establish a system to regularly collect, analyze and publish statistical data on the number of complaints about all forms of gender-based violence against women, (3) undertake or support surveys, research programs and studies on gender-based violence against women, (4) ensure that the process of collecting and maintaining data on gender-based violence against women complies with established international standards and safeguards, including legislation on data protection, (5) set up a mechanism or body, or mandate an existing mechanism or body, to regularly coordinate, monitor and assess the national, regional and local implementation and effectiveness of the measures, (6) allocate appropriate human and financial resources at the national, regional and local levels to effectively implement laws and policies for the prevention of all forms of gender-based violence against women.

The Ministry of Women's Affairs is set up in Cambodia and is responsible for the protection of women's rights, including against gender-based violence. It undertakes the collection of information and respective reporting and publications.^[14] Cambodia has already submitted several reports recording considerable progress in approaching the aims of the CEDAW.

International cooperation, including the recommendations to (1) seek support, where necessary, from external sources, such as the specialized agencies of the UN system, the international community and civil society, in order to meet human rights obligations by designing and implementing all appropriate measures required to eliminate and respond to gender-based violence against women, (2) prioritize the implementation of the relevant Sustainable Development Goals, in particular to achieve gender equality and empowerment of all women and girls, and to promote peaceful and inclusive societies for sustainable development, provide access to justice and build effective, accountable and inclusive institutions at all levels

Cambodian authorities communicate and cooperate with the UN bodies engaged in women's rights protection, on a regular basis. The respective reports are regularly compiled, published and discussed.

With regard to the Sustainable Development Goals, these are paramount goals towards which Cambodia has taken certain important steps. The goals are not yet achieved and it still requires tremendous additional effort to achieve them.