Abstract
The intersection of abuse of women, children and companion animals in the
home is known by experts in psychology and interpersonal violence as 'the link'.
‘The link’ further details how companion animals and children can be used by
perpetrators as weapons of coercion against women, forcing women to comply
with the perpetrators' desires in return for the safety of their companion animals
or children.
South African domestic violence law does not acknowledge companions
animals as victims of violence in the home. It also currently fails to reflect an
understanding of the nature and implications of 'the link'. My thesis argues that
this is a serious omission and that it is necessary to address it by including
companion animals in South African domestic violence law. Doing so can help
protect the individual companion animal and other human victims of violence in
the home.
The thesis adopts an Ubuntu-Feminist philosophical lens which recognises
the value of the individual companion animals and the value of the familial
relationships they share in the home. It provides an ethical basis for the
proposed positive duty that individuals, communities and the state have
towards companion animals. I proceed by analysing social sciences research
around 'the link' and the nature of violence in the home. I then use a set of 5
questions derived from the foregoing analyses of this research and the Ubuntu-
Feminist approach to evaluate the laws in the state of Arkansas in the United
States and the state of Victoria in Australia. Both of these jurisdictions include
companion animals in their domestic violence laws. I then draw these insights
together to critically evaluate existing South African domestic violence law and
propose its development.
Some of the proposed developments include the addition of companion
animals as complainants in protection orders, where interested persons can
apply on their behalf. I suggest regulations that create an integrated response
to violence in the home; this is where the police (SAPS), the Department of
Social Development and the National Council of Societies for the Prevention of
Cruelty to Animals (NSPCA) work together in developing cross-reporting
methods. These methods would aim to secure other potential victims of
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violence where there has been a report around abuse of one victim. I also
suggest the amendment of domestic violence laws to include mandatory
reporting for individuals who work with animals (veterinarians) and
organisations dealing with animal welfare (for example, the Humane Society International).