How Domestic Violence Laws Impact Women’s Rights in Africa
Approximately 736 million women worldwide, or almost one in three women have experienced intimate partner violence, non-partner sexual violence, or both at some point in their lives. At least 30 per cent of these women are aged 15 and older and sexual harassment is not included in this number. Women who have suffered violence are more likely than non-victims to have depression, anxiety disorders, unintended pregnancies, HIV, and STDs, among many other health issues that may persist long after the abuse has stopped.
Domestic violence and intimate partner violence occur when a family member, or an ex or current partner perpetrates this violence. At least 640 million or 26 per cent of women who are aged 15 and older have been subjected to this type of violence. While the fight for women's equality continues, one critical battleground is the presence and effectiveness of domestic abuse laws.
In the world, at least 162 countries have domestic violence laws in effect and 147 countries have laws that prohibit sexual harassment in the workplace. But even in cases where laws are in place, more is needed to guarantee that they are consistently applied and upheld following global norms and guidelines.
Domestic violence laws include protection orders for domestic violence or address harassment that leads to physical or mental harm. The laws can be comprehensive, partial or none. Comprehensive laws address various forms of abuse which include physical, emotional and economic violence. Partial laws cover specific forms with gaps and loopholes while no laws mean these countries lack specific legislation against domestic violence.
In Africa, 17 countries have no laws that address domestic violence specifically while 37 countries have laws that address this. These 17 countries are buried in the quiet of inadequate or non-existent legal frameworks, leaving women helpless victims in their own homes. Out of the 37 countries with laws, some are partial while some are comprehensive. South Africa has comprehensive legislation banning physical, mental, and financial abuse, providing strong protection and opportunities for punishment. Nigeria on the other hand, deals with patchwork legislation that leaves gaps and loopholes, leaving many women vulnerable.
A 2019 study by the Nigerian National Bureau of Statistics found that 68 per cent of Nigerian women aged 15 to 49 had suffered emotional, financial, or sexual abuse, compared to 30 per cent who had experienced physical violence. These numbers are underreported since survivors frequently encounter several obstacles to getting assistance, including societal stigmas, apprehension about retaliation, and a lack of faith in the justice system. Section 383 of the Nigerian Criminal Code is the most often applied criminal law provision in cases involving violence against women. The clause stipulates that the maximum penalty for assault causing harm is three years in prison.
This provision's first drawback is that it does not shield women against abuse in partnerships, such as marriage and addresses attacks in general. The second limitation is that it does not offer reliefs like custody, maintenance, or other forms of support. Thirdly, because the State governs criminal law, victim needs are not given much significance.
Comprehensive domestic violence legislation in countries presents an image of hope. Increased reporting allows women to pursue legal redress, while shelters and medical services provide immediate assistance. Domestic violence is a crime, not a private concern, and these laws disrupt the cycle of silence by confronting societal conventions and imparting the message that it is a criminal, not a private matter.
Uneven enforcement, particularly in rural and marginalised populations, as well as ongoing stigma and victim blaming, obstruct justice. Because access to resources and infrastructure remains an issue, many laws have the potential to be more than just promises on paper.
There must be an increased awareness that will educate communities and lobby for legislative reforms. Also, challenging cultural norms that perpetuate gender inequality and condone violence can help shift the mindsets of people.
The push for comprehensive domestic violence legislation and its successful implementation is about recovering women's fundamental rights to safety, equality, and dignity. It's about creating a society where "home" is a safe refuge rather than a battleground.