The Overlooked Harm of Psychological Violence: How Legal Gaps Perpetuate Ignorance and Injustice.

Abstract

This thesis addresses the limited literature on psychological violence and its relationship to femicide, specifically focusing on Dutch legislation aimed at preventing such violence. Through a literature review and interviews with six experts in gender-based violence, this study examines how current Dutch legislation serves (or fails to serve) victims of psychological violence and suggests ways to improve justice for these individuals. Applying Martha Nussbaum’s partial capability theory of justice, grounded in the capabilities approach, the study argues that Dutch legislation inadequately protects the central human capabilities women need to live a dignified life, such as being able to be safe, autonomous and to use one’s senses, imagination, and thought. The current legal framework, which overlooks some destructive forms of psychological violence and limits the definition of femicide to physical murder, fails to address the full scope of harm inflicted by (ex-)partner violence.

The thesis proposes two main improvements: (i) criminalizing psychological violence and (ii) implementing language that recognizes the severe impact of psychological violence by introducing the concept of social femicide. By increasing the recognition of these harms, Dutch legislation could better protect victims and help them escape and recover from abusive relationships.

Despite its valuable insights, the study has limitations, including a small sample size of interviewed experts and the need for further development of the concept of social femicide. Future research should adopt intersectional and gender-sensitive approaches to better understand the diverse challenges faced by victims of psychological violence. Additionally, this thesis calls for a broader examination of how Dutch policy can also support the capabilities of men, as they, too, are affected by societal norms and gender expectations. Ultimately, this work aims to inspire policymakers to consider these recommendations, promote awareness of psychological violence, and take steps toward preventing it from escalating into (social)femicide.