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A Call to the Armenian Relief Society

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  • A Call to the Armenian Relief Society

    A Call to the Armenian Relief Society

    Friday, December 31st, 2010
    by Asbarez

    BY MICHAEL MENSOIAN

    Zaruhi has been laid to rest, but her death has raised fundamental
    questions concerning human rights and gender equality of women in
    Armenia. It is a poor response by those who claim women are treated no
    differently in Armenia compared to other countries. How can we justify
    our probable shortcomings by citing similar shortcomings common to
    other countries? Doing so would set a very low standard by which to
    evaluate the value system and future goals of Armenia.

    First, we must get over this we and you mentality. Armenia needs the
    diaspora and the diaspora looks to Armenia as its cultural hearth. It
    is a symbiotic relationship. We must operate from the premise that
    each of us wants the best for the other. At the least we should be
    able to agree that the manner in which Zaruhi died is a partial
    indictment of the value system in Armenia and the lack of appropriate
    legal safeguards.

    The Armenian Penal Code does not address domestic abuse as a separate
    and distinct crime. Domestic assault is usually treated in accordance
    with Articles 105 and 112 of the Armenian Penal Code although there
    are gradations of `willful' acts covered by Articles 113, 114, and
    117. A defendant found guilty under Article 105 - 'Murder in the state
    of strong temporary insanity' - may face imprisonment of up to four
    years. (Article 114 refers to a `lesser state of temporary insanity.')
    Article 112, `Intentional serious or heavy damage to health,' carries
    a prison term of 3 to 7 years; if such action caused the death of the
    aggrieved, from 5 to 10 years imprisonment. (Articles 113 and 117
    refer to lesser degrees of `damage to health.') Article 104 - 'Murder,
    the illegal willful deprivation of life' - carries prison terms from 6
    to 12 years (if under conditions of particular cruelty from 8 to 15
    years imprisonment or for life). Articles 118 covers battery and
    Article 118, torture.

    Domestic violence begins with a single episode, but easily evolves
    into a pattern of violent behavior oftentimes leading to permanent
    physical and psychological disabilities or death of the aggrieved.
    Given the prevalence and the brutality that domestic violence may
    encompass requires that it be treated as a separate and distinct
    crime. Failure to recognize this type of criminal behavior in the
    penal code may reflect the government's attitude that domestic
    violence either doesn't exist or is not a serious problem. Companion
    legislation must provide for imposing penalties and legal restraints
    on perpetrators and the removal from threatening situations of the
    abused (with her children) to safe havens. Organizations must develop
    programs to counsel these women as well as prepare them with skills to
    achieve economic self-sufficiency.

    Since domestic violence is casually accepted by society, it is
    possible that investigative procedures and the evaluating of evidence
    may intentionally or unintentionally aid the accused. The testimony of
    key defense witnesses should be expected to reflect the societal
    values with respect to domestic violence, conceivably coloring their
    interpretation of events. This is not to say that their testimony is
    intentionally biased, but expressed according to the value system
    within which the witnesses were brought up. Would the court vigorously
    address this potential issue? As of now, no charges have been brought
    against Zaruhi's mother-in-law or brother-in-law, both of whom were
    allegedly involved in the long-term violence to which Zaruhi was
    subjected and that ultimately ended in her brutal death.

    And we should not allow Zaruhi's two-year-old daughter Lilia to become
    a forgotten casualty of this domestic violence. Will she grow up in an
    orphanage and upon reaching 18 years of age, be released just as her
    mother was, without the proper life skills to effectively participate
    in society, condemned to repeat her mother's unfortunate existence?

    Fortunately, Zaruhi's married sister Hasmik is her legal successor. It
    should be a pro forma proceeding for the court to award custody of
    Lilia to Hasmik (assuming she and her husband are financially able or
    willing). It seems that Zaruhi's shameless mother-in-law is already
    concerned about the allowance that Hasmik will receive as the child's
    guardian and may seek to obtain custody of the child. It is important
    that the existing social agencies are prepared to provide meaningful
    oversight with respect to Lilia's education, health, and psychological
    development. This oversight should apply to all children the courts
    place in the custody of relatives, foster parents, or public-care
    institutions.

    Presently there are many domestic and international organizations
    operating in Armenia that seek, without much success, not only to
    address the plight of women facing violence in all its permutations,
    but to assure their full equality within the system, be it economic,
    educational, political, social, or judicial. The Constitution of the
    Republic of Armenia refers to the protection of fundamental human and
    civil rights, and the equality of all persons before the law in their
    seeking employment and of husbands and wives within the marriage
    relationship. However, existing social mores and traditions are
    sufficiently strong to circumscribe the role and the rights women
    should enjoy in society as enunciated in the constitution. Making
    everyday practice conform to constitutional mandates is a formidable
    task that cannot be achieved without the government's moral,
    legislative, and financial support.

    Pragmatically, a nation's viability and vitality - the ability to reach
    its full potential - cannot be achieved if women are denied unfettered
    equality with men. Unfortunately there is no quick-fix solution. Only
    a sustained comprehensive effort spanning several generations can
    achieve what needs to be done. And what needs to be done requires the
    participation of an organization that has the prestige, a can-do
    reputation, and a known ability to operate in politically charged
    situations. One organization that exists that meets these criteria and
    has the expertise and a proven track record of accomplishments is the
    Armenian Relief Society.

    Since its founding in 1910, the ARS has effectively responded to every
    major catastrophe that has afflicted the Armenian nation. Steadfast in
    its mission, the ARS has provided humanitarian and educational
    assistance and emergency aid to all Armenians, whether in the homeland
    (Armenia, Artsakh, and Javakhk) or the Diaspora, with special emphasis
    on women and young children. Two of its signature efforts since the
    founding of the second free Armenian Republic in 1991 have been the
    state-of-the-art Women and Child Health Care and Birthing Center in
    Akhourian, Armenia, and the comprehensive social and educational
    programs embodied in the Sosseh Kindergarten System for children 3 to
    6 years of age in the Nagorno Karabakh Republic.

    As the oldest and largest Armenian women's organization, having
    recently celebrated world-wide its 100th anniversary and the
    culmination of a successful Centennial Fund Drive, the ARS is
    admirably prepared to respond to this critical issue. At stake, at the
    very least, is a subset of women - married and single - whose physical and
    psychological wellbeing has long been ignored. Granted, it will not be
    an easy task having to prompt President Serzh Sarkisian's
    administration to do what it should and hasn't done, while at the same
    time enjoying the president's presence at certain opportune events.
    Positions of leadership, whether of the ARS or any other organization,
    carry with it the burden of having to make difficult decisions.

    The creditability and prestige of the ARS will provide valuable moral
    support to the private and nongovernmental organizations that have a
    stake in this issue, as well as to the women who have been
    marginalized by tradition and archaic social values. There is much
    that needs to be done in addition to establishing safe havens for
    women and their children, enacting laws protecting women from abusive
    and predatory actions, and developing curricula materials for the
    schools, and sensitivity training and public awareness programs. And
    none of this is possible without gaining the proper legislative
    support, financial assistance, and goodwill of the administration.

    The ARS has the ability and the resources to pursue its historic
    agenda in addition to operating within a network of proactive
    organizations through which it can offer advice, participate in
    cooperate projects, or facilitate the development of specific
    activities. Working with the Armenian Revolutionary Federation's (ARF)
    members of parliament, legislation can be jointly proposed by
    concerned organizations and supported. For the ARF, the creation of a
    system based on economic and social equality has long been a goal for
    the Armenian worker. Here is an opportunity to burnish its image with
    various domestic women's groups as it seeks to strengthen and broaden
    its political base in Armenia.

    The circumstances surrounding the death of Zaruhi Petrosyan may or may
    not be unique. How many or how few women have suffered a similar
    tragedy is not known. However, Zaruhi's death is sufficient to call
    attention to the known inequities that do exist and the difficulties
    that impede the efforts of various organizations that seek to address
    the range of human rights and gender issues confronting Armenian
    women.

    Working to improve the position of women in Armenian society would be
    in keeping with the spirit that inspired the founding of the Armenian
    Relief Society and that has guided its efforts during the past hundred
    years to improve the human condition of Armenians wherever they may
    be.

    Note: The writer has provided excerpts from relevant articles from the
    Nov. 27, 2005 Constitution of the Republic of Armenia. Article 3: `The
    State shall ensure the protection of fundamental human and civil
    rights.' Article 14.1: `Everyone shall be equal before the law.'
    Article 32: `Everyone shall have the freedom to choose his/her own
    occupation.' Article 35: The family is the natural and fundamental
    cell of the society... husband and wife] are entitled to equal rights,
    as to marriage, during marriage, and divorce.

    The manner in which Zaruhi died is a partial indictment of the value
    system in Armenia and the lack of appropriate legal safeguards.




    From: A. Papazian
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