Cambodian law does not recognize "battered woman syndrome" as a legal term or principle. Therefore, such a direct instrument of defense is unavailable at this point. At the same time, a victim that has acted in self-defense may rely on Article 33 of the Criminal (New Penal) Code of Cambodia, which may remove criminal liability. It may be difficult to apply the self-defense concept, at least because it explicitly requires that the offence and assault must occur at the same time. Article 35 of the Criminal (New Penal) Code of Cambodia provides for the "defense of necessity" as a concept, also releasing the accused from criminal responsibility, with a lower test. However, information on whether this concept applies in cases related to domestic violence is unavailable. It is noted in open sources that in practice battered women lack adequate defenses in cases of killing in reaction to domestic abuse.[17]
The DV Law protects victims of domestic violence committed by a spouse or a person living under the same roof, rather than protecting from gender-based violence in a workplace without a direct link with the home. A protective order under the DV Law may only defend the victim from a (domestic) perpetrator entering the victim's workplace (Article 25 of the DV Law).
According to open sources, the measures against gender-based violence at work and encouraging support of employees suffering from the gender-based violence are still to be implemented.[18] Gender-based violence also badly affects the garment industry.
Please see Section 6.2.1 entitled "Can courts issue orders to protect employees suffering from domestic violence?"
Please see Section 6.2.1 entitled "Can courts issue orders to protect employees suffering from domestic violence?"
The DV Law does not discuss asylum accessibility. There are no provisions in Cambodian law preventing domestic abusers from misusing immigration laws against a victim or allowing immigration remedies to cooperating victims.
Please see Section 6.3.1 entitled "Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents of your country from using immigration laws to perpetrate domestic violence against their spouse?"
Please see Section 6.3.1 entitled "Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents of your country from using immigration laws to perpetrate domestic violence against their spouse?"
The DV Law is silent in this regard.
According to Article 25 of the DV Law, as an additional measure to the basic protections that may be reflected in a protective order the court may, if it finds it necessary, make a decision on the custody of the children and the rights to visit the children. The court will pay the highest attention to the rights and interests of the children.
According to information from public sources, the enforcement of respective court judgments may not be very effective with court judgments being unreliable.[19]
Please see Section 6.5.1 entitled "Do judges follow special rules to determine custody or visitation of children in domestic violence cases?"
According to Article 25 of the DV Law, in a protection order the court may remove the perpetrator from the house they share together. The court can also prohibit putting the victim's properties (including the house, as may be relevant) for sale. There are no specific provisions in the DV Law protecting the victims of domestic violence from being evicted by landlords acting unlawfully or according to the lease. The DV law is also silent about the possibility of an early lease termination.
More generally, the Constitution and Civil Code of Cambodia state that men and women have equal rights to own and use property. The regime of statutory marital property exists, which grants equal rights to the matrimonial property to both a husband and a wife, and also applies in cases of divorce. At the same time, there is information stating that women have difficulties registering their rights to real property, also because of low levels of official registration of marriages. Women who are joint title holders have issues with property rights in cases of separation, domestic violence and divorce.[20]Please see Section 6.6.1 entitled "Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?"
Please see Section 6.6.1 entitled "Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?"