Thank you for your invaluable contribution to the Women, Business and the Law project and to the work of the World Bank Group.

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1 Women, Business and the Law wbl.worldbank.org «Survey_Economy» Dear «FirstName» «LastName», The Women, Business and the Law (WBL) report is a publication of the World Bank Group that benchmarks laws and regulations influencing women s economic inclusion. Like men, women consider entrepreneurship and employment important ways of increasing their incomes. While different areas of law impact women s capacity to work and start a business, ensuring freedom from violence is a pre-requisite to women s enjoyment of civil, social and economic rights. Women, Business and the Law examines gender differentiations in legal treatment one of many factors that determine the course of women s working lives. The latest edition of the report, Women, Business and the Law 2014: Removing Restrictions to Enhance Gender Equality, launched in September 2013, expanded its coverage to collect pilot data on protecting women from violence. The new data examines how laws can ensure protection against gender-specific constraints resulting from such violence commonly directed against women. The Women, Business and the Law 2016 report will expand coverage of the Protecting Women from Violence indicator to cover the following topics contained in this questionnaire: General Legislation and Policy establishes the existence of legislation and implementation mechanisms. Domestic Violence assesses coverage and extent of legislation on domestic violence. Sexual Harassment assesses coverage and extent of legislation on sexual harassment. Services determines extent of service provision for victims under the law. Protection Orders examines the coverage and ease of obtaining protection orders by victims of violence To obtain the data, the project relies on pro bono contributions from lawyers, judges, academics, and civil society organizations in over 143 economies worldwide. Your contribution will be acknowledged on the World Bank Group s Women, Business and the Law website (wbl.worldbank.org/contributors) and in the printed edition of the global report. The report has been cited by local and regional media around the world, giving wide exposure to our legal contributors and garnering over 1,000 media mentions as of July The project is also active on social media, with over 5,700 fans on Facebook and 288 members on LinkedIn. The report has been acknowledged for filling a critical data gap on how legislation affects women s economic prospects. Women, Business and the Law s indicators are used by the international community to measure women s economic opportunities and as a resource for policy makers. Your contribution makes it possible to gather critical information on how laws influence women s employment and entrepreneurship decisions. Please return the completed questionnaire to Please make sure to fill out your contact information, so we can send you a complimentary copy of the report. If you have any questions, do not hesitate to contact us. Thank you for your invaluable contribution to the Women, Business and the Law project and to the work of the World Bank Group. Sincerely, Paula Tavares Tel: 1 (202) Sarah Iqbal Tel: 1 (202)

2 Primary Contributor Information: Please check the box next to information you do not want us to publish. Do not publish Never Published Name Title (Mr., Ms., Dr.) «Title» [ ] First Name Last Name Position (e.g. manager, associate, partner) Profession (e.g. judge, lawyer, architect) «FirstName» «LastName» [ ] [ ] «Position» [ ] «ExpertiseName» [ ] Contact details Do not publish Firm name «FirmName» [ ] Website «FirmWebsite» [ ] Do not publish address « » [ ] Do not publish Phone «Phone» [ ] Never Published Do not publish Fax «Fax» [ ] Mobile phone «MobilePhone» [ ] Firm Address Street «FirmAddress» [ ] P.O. Box «FirmPostOffic [ ] ebox» City «FirmCity» [ ] State/ Province «FirmStateProv [ ] ince» Zip/Postal code «FirmZipcodePostal Code» [ ] Country «FirmCountry» [ ] «LanguageCode» «crm_dbeconomy» «crm_sfcontributorid» «crm_sfsurveyid» «crm_indicator» «crm_economy» «FbsSurveyID» «FSTokenValue» Additional Contributor(s): If there are more people whom you would like us to acknowledge, kindly send us an . Name Occupation Phone Address [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] [title] [first name] [last name] [firm] [position] [profession] [ ] [phone] [mobile] [street] [state/province] [city/country] Paperless Option for Complimentary Report and Certificate We welcome you to join us in conserving resources: Please me an electronic copy of the report and my certificate of appreciation, rather than mailing me a paper copy. Referrals: Please help us expand our list of contributors by referring us to other experts in the private or public sector (lawyers, notaries, public officials or any expert on this field) who can respond to the questionnaire. First name Last name Position Firm Address Phone [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

3 How to proceed: 1. Please provide your contact information and the information regarding others who contributed to the completion of this survey. Please indicate whether, in recognition of your contribution, you would like your contact information on our website and/or publication. 2. Please review the assumptions in order to fully understand the context of the survey. If you have any questions about the assumptions or any instructions, please look to the methodology section on our website which contains more detailed explanations at Also, please feel free to contact us with any queries. 3. Please use the field called legal basis to indicate the legal source of your answer. As part of the legal source, please cite the name of the law and the specific applicable articles or sections. If "No applicable provisions could be located," please use that as the answer. Any comments relevant to understanding your answer should also be entered here. There is additional space for comments and links to relevant laws at the bottom of each section. 4. Please note any changes in the law that have taken place since 30 April 2013 in the appropriate questions on reforms and also correct the information provided if you feel it does not accurately reflect the situation in «Survey_Economy». 5. If any additional assumptions are necessary to provide answers to any of the questions, please make what you consider to be the most reasonable assumption and inform us of the choice you have made and why it was necessary. 6. When going through the survey, please keep in mind the following definitions: Correction: A correction results from an error in the data presented (e.g. the pre-filled information we have included in the questionnaire is incorrect). Please keep in mind that the pre-filled information in the survey should be correct as of 30 April Reform: A reform results from a modification in the law or the enactment of new legislation (e.g. a new act, code, law, decree, order, Supreme Court decision, amendment) affecting the answers, which occurred after 30 April Assumptions: The survey reflects the situation of a typical woman in «Survey_Economy»; as such, below are a series of assumptions about the woman in question. The woman: Resides in «Survey_City». 1 Has reached the legal age of majority and is capable of making decisions as an adult. If there is no legal age of majority, the woman is assumed to be 30 years old. Is sane, competent, in good health, has no criminal record, and is a lawful citizen of «Survey_Economy». The law: The answers to the questions below are based on statutory or codified law, for civil law systems, and case law, i.e. law established by judicial decision in cases as binding precedent, for common law systems. Therefore, customary law is not taken into account, unless it has been codified, and the answers are based solely on the letter of the law and not the implementation or practice thereof. 2 Where the answer differs according to the legal system applicable to the woman in question as may be the case in economies where legal plurality exists the answer should be the one applicable to the majority of the population. 1 Economy's largest business city. 2 Case law systems consist of laws developed through decisions of courts, rather than through legislative statutes (Acts) or executive branch action (Decrees), creating binding precedent for future decisions. In common law systems, court decisions are a valid legal basis where there is a lacuna in the formal legislation. One such example is in the case of Vishaka and Ors v. State of Rajasthan and Ors. (JT 1997 (7) SC 384) in India, where the Honorable Supreme Court laid down guidelines and norms to be observed to prevent sexual harassment of working women, which led to the drafting of the Protection of Women Against Sexual Harassment at Workplace Bill in [The sexual harassment bill was introduced in Lok Sabha on December 7, 2010 and was referred to the standing committee on December 30, 2010.]

4 1. General Legislation and Policy Additional Instructions: "Violence against women" means any act of gender-based violence directed at women that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. "Domestic violence" is defined as gender-specific violence commonly directed against women, occurring in the private sphere, within the family or members of the same household, and within interpersonal relationships, including intimate partner violence (IPV). Domestic violence may take on different forms, including physical, sexual, psychological, and economic violence. Sexual assault is defined as nonconsensual sexual contact that is obtained through coercion or the use of threat or force. For the purposes of this survey, sexual assault is understood as a deliberate act of genderbased violence directed at women. "Sexual harassment" is any unwelcome sexual advance, request for sexual favor, verbal or physical conduct or gesture of a sexual nature, or any other behavior of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation to another. Sexual harassment may occur when it interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. It may also occur outside the workplace, in public and private spaces and institutions, such as eve teasing and street harassment. The legal basis for each question in this survey should include the applicable law or regulation and articles that support the answer to the question. Where applicable, please also provide a brief description in the legal basis field Is there legislation that specifically addresses violence against women? (This question is meant to capture whether there is a law that includes specific provisions on violence against women. For the purpose of this question, the law should include acts of violence against women outside the scope of domestic violence, such as sexual violence, female genital mutilation, sex trafficking and femicide.) 1.2. Is there legislation that specifically addresses domestic violence? (This question is meant to capture whether there is a law that includes specific provisions on domestic violence). and 1.3. Is there legislation that specifically addresses sexual assault? (This question is meant to capture whether there is a law that includes specific provisions on sexual assault beyond the scope of sexual violence in interpersonal relationships.) 1.4. Is there legislation that specifically addresses sexual harassment? (This question is meant to capture whether there is a law that includes specific provisions on sexual harassment.) and 1

5 Instructions for 1.5 to 1.8: The following questions are meant to capture mechanisms to support implementation of legislation addressing violence against women/domestic violence/sexual assault/sexual harassment, including, but not limited to, rules and regulations, policies, plans and programs, monitoring or coordination systems, prevention activities and campaigns, and others. Please include all the existing mechanisms available along with a brief description and legal basis, if applicable, for each Are there mechanisms to support implementation of legislation addressing violence against women? 1.6. Are there mechanisms to support implementation of legislation addressing domestic violence? 1.7. Are there mechanisms to support implementation of legislation addressing sexual assault? 1.8. Are there mechanisms to support implementation of legislation addressing sexual harassment? 1.9. Are there national/sub-national policy guidelines/protocols for the following professionals dealing with cases of violence against women: Please select Yes for all that apply: a. Medical? -Click to Selectb. Police? -Click to Selectc. Social workers? -Click to Selectd. Prosecutors? -Click to Selecte. Judges? -Click to Selectf. Educators? -Click to Selectg. Other? (please describe) Does the law mandate specialized training for the following professionals dealing with cases of violence against women? Please select Yes for all that apply: a. Medical? -Click to Selectb. Police? -Click to Selectc. Social workers? -Click to Selectd. Prosecutors? -Click to Selecte. Judges? -Click to Selectf. Educators? -Click to Selectg. Other? (please describe) 2

6 Instructions: For the purposes of question 1.11, budgetary commitment means any allocation of a budget mandated by legislation, national plan or strategy, including any funding obligations placed on government entities. Additionally, budgetary commitment includes, but is not limited to, subsidies provided to civil society to implement specific programs that prevent or address domestic violence or violence against women Are there any budgetary commitments provided for by government entities for the implementation of legislation addressing violence against women by: a. Creating an obligation on -Click to Selectgovernment to provide budget or allocation of funding for the implementation of relevant programs or activities? b. Allocating a specific budget, -Click to Selectfunding and/or incentives to support non-governmental organizations for activities to address violence against women? Please include any additional comments and links you have regarding the questions and legal bases. 2. Questions on Domestic Violence For the following questions, please refer to the definition of Domestic Violence in Section 1. Additional instructions for question 2.1: Physical violence involves contact intended to cause pain, injury, or other physical suffering or bodily harm, such as hitting, slapping, punching, choking, pushing, throwing objects, burning and other types of contact that result in physical injury to the victim; Sexual violence involves any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances or other act directed against a person s sexuality using force or coercion; Psychological/emotional violence involves any conduct or behavior, including verbal abuse, threats, intimidation or other act that impairs the victim s psychological or emotional integrity; Financial/economic violence involves conduct to control, limit or prevent the other partner s access to economic resources, such as to create financial dependence Does legislation on domestic violence include: and a. Physical violence? -Click to Selectb. Sexual violence? -Click to Selectc. Psychological/ emotional -Click to Selectviolence? d. Financial/economic violence? 2.2.a. Does legislation on domestic violence protect women in non-marital intimate relationships (including non-cohabiting relationships)? and (please cite law and article) 3

7 Does legislation on domestic violence protect the following victims of violence: 2.2.b. Spouses? 2.2.c. Family members or -Click to Selectmembers of same household? 2.2.d. Former partners or spouses? 2.3. Does the legislation establish clear criminal penalties for domestic violence? Instructions: For the purposes of questions 2.4 and 2.5, the law explicitly criminalizes marital rape without qualifications when it provides, for example, that rape or sexual assault provisions apply irrespective of the nature of the relationship between the perpetrator and the victim, by stating that no marriage or other relationship shall constitute a defense to a charge of rape or sexual assault under the legislation, or by explicitly covering spouses as a potential offender of the crime Is there a specific law or provision that explicitly criminalizes marital rape without qualifications? 2.5. If the answer to 2.4 is No, is a woman legally entitled to file a complaint against her husband or partner under criminal law for rape or sexual assault? 2.6. Under general criminal law, is there an exception that exempts perpetrators from facing charges for rape: a. If the perpetrator is married to the victim (i.e. marital rape exemption)? -Click to Selectb. If the perpetrator marries the victim after the crime? Child, Early and Forced Marriage 2.7. What is the minimum legal age of marriage for: a. Boys? b. Girls? 2.8. Are there any exceptions to the legal age of marriage? If so, please explain. /explanation 2.9. Are there provisions in the law to prevent child, early and forced marriage? Please include all that apply If the answer to 2.9 is "Yes", what enforcement measures, including penalties, are available in cases of child, early and forced marriage? 4

8 (please describe) Please include any additional comments and links you have regarding the questions and legal bases. 3. Questions on Sexual Harassment For the following questions, please refer to the definition of Sexual Harassment in Section Is there legislation on sexual harassment in: and (please cite law and article) a. Employment/ Workplaces? b. Education/ Schools? c. Public spaces (including on transportation)? Does the legislation establish clear: and 3.2. Criminal penalties -Click to Selectfor sexual harassment? 3.3. Criminal penalties -Click to Selectfor sexual harassment in employment? Does the legislation establish clear: 3.4. Civil remedies for sexual harassment (e.g., compensation for victims, such as recovery of monetary damages)? 3.5. Civil remedies for sexual harassment in employment (e.g., compensation for victims, such as lost time at work)? Concerning legislation on sexual harassment: 3.6. Does legislation mandate that institutions adopt preventive measures (such as training, educational campaigns, setting up a complaint channel, etc.)? 3.7. Does legislation establish some form of protection against retaliation for women who file claims of sexual harassment? 3.8. Is there a law or regulation holding institutions, including employers or educators/school teachers, accountable to 5

9 responding to sexual harassment (such as by having the responsibility to avoid, take action on or adopt penalties for sexual harassment)? 3.9. Please include any additional comments and links you have regarding the questions and legal bases. 4. Questions on Services: The questions below address the provision of services concerning Violence Against Women Is there a phone hotline for women victims of violence to seek advice and support? (This question is meant to capture whether there is a national or centralized phone hotline where victims/survivors of violence may get assistance by phone 24 hours a day and free of cost, including to be referred to other services.) Name and Description or Website If Yes, please describe 4.2. Is there a mobile device or phone application or service (such as a messaging system) for women victims of violence to report or seek support? (This question is meant to capture other systems or services available for women to report cases or seek help through mobile phones or devices.) Name and Description or Website If Yes, please describe 4.3. Are there social services dedicated to assisting women victims of violence, including: Please select Yes for all that apply: a. Financial assistance? -Click to Selectb. Employment/vocational -Click to Selectopportunities? c. Housing assistance? -Click to Selectd. Other? (please describe) 4.4. Is there a specialized court or procedure for cases of domestic violence? and If Yes, please cite -Click to Selector briefly describe: 4.5. Is there a specialized court or procedure for other cases of violence against women (such as sexual assault, sexual harassment or other)? Name and Brief Description or Website If Yes, please cite -Click to Selector briefly describe 4.6. Are there dedicated police stations, specialized police staff or units to deal with violence against women? Name and Brief Description or Website 6

10 If Yes, please cite or briefly describe Instructions: For the purposes of questions 4.7 and 4.8, one-stop centers or integrated service facilities for women victims of violence means centers that provide multisectoral case management for victims/survivors, including for example health, counselling, and legal services in one location. These may be located in health facilities, including hospitals or as stand-alone facilities. These centers can be staffed with specialists 24 hours or can maintain a core group of staff with specialists on call Are there "one-stop" centers or integrated service facilities for women victims of violence? 4.8. If the answer to 4.5 is Yes, are these integrated service facilities provided or subsidized by the government? Name and Brief Description or Website 4.9. Is there a mechanism or process for collecting data on violence against women cases? Name and Brief Description or Website If Yes, please cite or briefly -Click to Selectdescribe Legal Assistance Instructions: For the purposes of questions 4.10 and 4.11, legislation guarantees access to legal assistance when it either ensures the right to legal assistance or establishes the provision of legal assistance Does the legislation guarantee access to legal assistance? If the answer to 4.10 is "Yes", what type of legal assistance is guaranteed? Please select Yes for all that apply: a. Assistance filling out court -Click to Selectforms b. Legal information -Click to Selectc. Legal representation -Click to Selectd. Other (please describe) Shelters or Alternative Accommodation Instructions for 4.12: For the purposes of this question, legislation guarantees access to shelters (or alternative accommodation) when it either ensures the right to shelters, subsidizes or funds shelters, or establishes the provision of shelters for victims of domestic violence (or violence against women) Does the legislation guarantee access to shelters or alternative accommodation? 7

11 4.13. Does the legislation guarantee access to other support services for women victims of violence? If so, please include a brief description and legal basis if applicable. If Yes, please cite or briefly -Click to Selectdescribe Please include any additional comments and links you have regarding the questions and legal bases. 5. Questions on Protection Orders Additional instructions: A protection order is an official legal document issued to protect a victim from harm or harassment. It may include, but is not limited to, removing the perpetrator from the home, prohibiting contact with the victim and ordering the perpetrator to maintain a geographic distance from the victim. A protection can be issued in civil and criminal proceedings. A civil protection order is usually issued upon request of a victim of abuse in a civil court but if breached may result in criminal sanctions. A criminal protection order is usually issued in a criminal court Criminal Protection Orders: Instructions: Questions 5.1 to 5.7 apply to a protection order issued in a criminal proceeding. Legislation considered includes, but is not limited to, violence against women legislation, domestic violence legislation, penal codes and other legislation used in criminal proceedings Can a victim of domestic violence obtain a protection order? Instructions: For the purposes of question 5.2, the applicable protection order would be issued in addition to specific protection orders for domestic violence Can a protection order be issued for any other crime involving violence against women? Instructions: For the purposes of question 5.3, a third party applicant is defined as anyone other than the victim Can a third party apply for a protection order on behalf of the victim, including any of the following? a. Law enforcement official -Click to Selectb. Family member -Click to Selectc. Other (please describe) 5.4. Do protection orders provide for: a. Removal of the perpetrator from the home? -Click to Selectb. Prohibition of contact with the survivor? -Click to Selectc. Maintaining a geographic distance from the -Click to Selectsurvivor? d. Other? (please describe) 8

12 5.5. Are there penalties for violating a protection order? Please select Yes for all that apply: a. No penalty -Click to Selectb. Fine -Click to Selectc. Arrest -Click to Selectd. Imprisonment -Click to Selecte. Other (please describe) Instructions: For questions 5.6 and 5.7, an Emergency Protection Order (EPO) is a protection order that can be obtained within a short period of time, often after hours, and immediately be put into effect to prevent imminent harm. Additionally, it can be issued prior to any appearance (hearing) before a judge. Additionally, an EPO can be issued as a temporary order until the regular protection order is issued An emergency protection order may be issued by: Please select Yes for all that apply: a. Court -Click to Selectb. Public enforcement official/police -Click to Selectc. Other (please describe) -Click to Selectd. Not applicable 5.7. Is a police report required to obtain an emergency protection order? Civil Protection Orders Instructions: questions 5.8 to 5.9 apply to a protection order issued in a civil proceeding or obtained through the civil court system. Legislation considered includes, but is not limited to, family codes, civil codes and other legislation used in civil proceedings Can a victim of domestic violence obtain a -Click to Selectprotection order in civil proceedings? 5.9. If the answer to 5.8 is "Yes", is there a filing fee to -Click to Selectprocess the application of a civil protection order? If the answer to 5.9 is "Yes", What is the amount? Can the fee be waived? Do civil protection orders provide for: a. Removal of the perpetrator from the home? -Click to Selectb. Prohibition of contact with the survivor? -Click to Selectc. Maintaining a geographic distance from the -Click to Selectsurvivor? 9

13 d. Other? (please describe) Are there penalties for violating civil protection orders? a. No penalty -Click to Selectb. Fine -Click to Selectc. Arrest -Click to Selectd. Imprisonment -Click to Selecte. Other (please describe) 6. Case Law, Reforms and Pending Legislation 6.1. Have there been any relevant court cases, such as challenging the current laws or to address gaps in legislation, applicable to the issues contained in this survey since 30 April 2013? 6.2. If Yes, please describe in detail including relevant court decisions and, if possible, include a link or attach a copy of case Have there been any reforms in the laws and regulations relating to this survey since 30 April 2013? 6.4 If Yes, please describe in detail and, if possible, attach a copy of the new legislation or regulation. Please also consider any relevant court decisions. 6.5 Are there currently any draft laws or regulations going through the legislative process or pending approval related to this survey? The answer is Yes if a new law or regulation or amendment to the existing laws and regulations is currently going through the legislative process to be adopted by the legislative body If Yes, please describe in detail and, if possible, attach a copy of the new draft legislation or regulation. Thank you for completing our survey! We appreciate your contribution to the Women, Business and the Law project. The results will appear in Women, Business and the Law 2014 and on our website: wbl.worldbank.org Your work will be gratefully acknowledged in both if you so choose. 10

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