👨‍👩‍👧Family Violence

LGBTQIA+ people in Malaysia have reported violence not only by their immediate family members but also by extended family members because of their SOGIESC. This includes physical, emotional, and sexual violence, withdrawal of financial and emotional support, surveillance, SOGIESC change pressure, and efforts, including conversion practices, forced marriages, and being disowned.

LGBTQIA+ people are particularly vulnerable to violence upon coming out or being outed. Family members who have a lower level of acceptance, familiarity, or knowledge about SOGIESC are more likely to react negatively to an LGBTQIA+ family member. There are many cases of young LGBTQIA+ people being disowned and expelled from their homes, leaving them homeless and in economic precarity. In some cases, this severely affects their ability to continue their education.

Case Study: Family Violence against LGBTQIA+ People

Two young queer men were disowned by their family members upon discovering their sexual orientation during the COVID-19 pandemic. In both cases, the families responded by forbidding the queer men to work and continue their studies. When they refused to meet their families’ demands, both were disowned, resulting in them reaching out to the LGBTQIA+ groups for shelter and other support.

Key Takeaways

Family violence against LGBTIQA+ people based on SOGIESC can have long-term impacts. It can negatively impact their mental health, access to education, and the ability to earn an income, leaving them vulnerable to further manipulation and violence.

What does this have to do with remedies?

Although the Domestic Violence Act (DVA) is gender-neutral and can extend protection to LGBTIQA+ people facing family violence, guidelines need to be developed to ensure a survivor-centered response by the police, welfare department, among other state actors. .

Research also shows that criminalization can be a deterrent to reporting, as LGBTQ people may not want to go through a hostile reporting process that may involve the disclosure of their SOGIESC to state authorities; they may also feel a sense of obligation towards their families. As a result, family violence against LGBTQIA+ people is underreported.

It is important to provide rights holders with a bouquet of remedies that include non-punitive methods of redress. In doing so, LGBTQIA+ people facing family violence may be more encouraged to come forward about the abuses they are facing.

Source

• Justice for Sisters. Monitoring Report: LGBTQ+ Rights In Malaysia (2021)