ABSTRACT
Domestic
violence is an issue of global concern. Historically, in many cultures domestic
violence has been an accepted fact of life. In recent years, however, it has
begun to be viewed as a criminal problem. Domestic violence is form of violation of person’s human rights or
abuse of anyone in a way that causes pain, distress or injury. In many African countries, as in other
countries around the world, women suffer violence on the basis of their gender.
Unfortunately, many countries lack legislation that provides effective
protections against gender-based violence. Evidence from Nigeria, including the
passage of new legislation at federal and state levels, suggests some progress.
How effective such laws will be is yet to be seen. This research begins the process
of investigating the potential for the effectiveness of these new laws by
conducting an in-depth analysis of Nigeria’s recently enacted Violence Against
Persons (Prohibition) Act, 2015. This examines the relevance of the Act and its
significance for issues around violence against women. This critique
investigates the provisions of the Act alongside internationally accepted best
practices and standards on legislation against gender-based violence. From this
analysis, the research identifies gaps within the provisions articulated in the
Act. It also examines the place of the VAPP Act amongst the pantheon of extant
laws addressing violence against women. It argues that, by itself, the law will
have only a limited impact, in part because of its limited geographical reach.
This impact can only be moderated by intensive advocacy to ensure that this
legislation is adopted by all States in the federation.
TABLE OF
CONTENTS
ABSTRACT
TABLE
OF CONTENTS
TABLE
OF CASES
TABLE
OF STATUTES
LIST
OF ABBREVIATION
CHAPTER ONE
GENERAL
INTRODUCTION
1.0.0 BACKGROUND TO THE STUDY
1.1.0 STATEMENT OF THE PROBLEM
1.2.0 SCOPE OF THE STUDY
1.3.0 SIGNIFICANCE OF THE STUDY
1.4.0 AIM ND OBJECTIVE OF THE STUDY
1.5.0
1.6.0 STRUCTURE OF THE STUDY
CHAPTER TWO
2.0.0
LITERATURE REVIEW
2.1.0 CYCLE OF VIOLENCE
2.2.0
REASON TO STAY
2.3.0
MOTIVATIONS PROTECTIVE FACTORS
2.4.0
RESEARCH USING QUALITATIVE INTERVIEWS
2.5.0
RURAL WOMEN AND RECENT IMMIGRANTS
2.6.0
RESOURCES FOR ABUSED WOMEN
2.7.0
NEED FOR RESEARCH ON RESOURCE EFFECTIVENESS
2.8.0
DEFINITION OF KEY TERMS/CONCEPTS
CHAPTER THREE
3.0.0
NATURE OF DOMESTIC VIOLENCE IN NIGERIA
3.1.0
EXPERIENCING DOMESTIC VIOLENCE
3.2.0
DOMESTIC VIOLENCE; THE NIGERIAN EXPERIENCE
3.3.0
CAUSES OF DOMESTIC VIOLENCE IN NIGERIA
3.4.0
EFFECTS OF DOMESTIC VIOLENCE
3.5.0
DOMESTIC VIOLENCE AMONG THE THREE ETHNIC GROUP IN NIGERIA
3.6.0 PREVALENT
FACTORS LEADING TO DOMESTIC VIOLENCE IN
NIGERIA
CHAPTER FOUR
4.0.0
THE NIGERIAN LEGAL FRAME WORK AND IT
PROTECTION OF DOMESTIC VIOLENCE
4.1.0
PREVALENCE OF DOMESTIC VIOLENCE IN
NIGERIA
4.2.0
LEGAL FRAMEWORK FOR DOMESTIC VIOLENCE
IN NIGERIA
4.3.0 CRITICAL ANALYSIS OF EXISTING LEGAL FRAMEWORK AS REGARDS DOMESTIC VIOLENCE
4.4.0
ROLES OF LAW IN ELIMINATING DOMESTIC
VIOLENCE IN NINERIA
4.5.0
INTERNATIONAL STANDARDS
4.6.0
AFRICAN CHARTER ON HUMAN AND PEOPLE’S
RIGHT
4.7.0
THE CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST
4.8.0
DECLARATION ON THE ELIMINATION OF
VIOLENCE AGAINST WOMEN
4.9.0
CHILD RIGHTS ACT
4.10
THE CONSTITUTION OF FEDERAL REPUBLIC
OF NIGERIA
4.11 THE CRIMINAL CODE/PENAL CODE
4.12
FAILURE OF THE LAW TO PROTECT
4.13
COMPARATIVE ANALYSIS OF NIGERIAN LAW
ON MARITAL RAPE WITH BRITISH JURISDICTION
4.14
LAW OF TORT
CHAPTER FIVE
5.0.0
CONCLUSION
5.1.0
BIBLIOGRAPHY
CHAPTER ONE
GENERAL INTRODUCTION
1.0 .0
BACKGROUD TO THE STUDY
Domestic violence is a
pattern of abusive behavior in any relationship that is used by one partner to
gain or maintain power and control over another intimate partner. It is also
known as domestic abuse, spousal abuse, family violence and intimate partner
violence. It is violence or other abuse by one person against another in a
domestic setting, such as in marriage or cohabitation. Domestic violence can be physical, sexual, emotional,
economic, or psychological actions or threats of actions that influence another
person.
Domestic violence is a
social problem in Nigeria like many other parts of Africa. Domestic violence is
an issue of global concern. Some societies see it as norms, and they culturally
accepted it as part of life. It was recorded that in the United States of
America, women experience about 4.8 million intimate partner related physical
assaults. In parts of the third world generally and in West African, in
particular domestic violence is prevalent and reportedly justified and condoned
in some cultures.
Domestic violence is a
social problem in Nigeria like many other parts of Africa. Reports from
Humanitarian New Agency [1]
show that 25 percent of women in Dakar and Kaolack in segenal are subjected to
physical violence from their partners and that very few admit that they are
beaten. They would be told never to report such cases to anyone; as such they
are told to keep quiet and endure the beatings. In Ghana, spousal assaults top
to the list of domestic violence without any serious punishment or prosecution
of any sort. In Nigeria, [2] it was reported that a third [and in some
cases two-third ] of women believe to have been subjected to physical, sexual
and psychological violence carried out primarily by husbands, partner
fathers while girls are often forced to early marriage and at risk of
punishment if they attempt to escape from their husbands. There is sadly a deep
cultural belief in Nigeria that it is socially acceptable to hit women as a form
of discipline. Violence against women is a technical term used to collectively
refer to violent acts that are primarily or exclusively committed against
women.
One third of women in
Nigeria were believed to be subjected to physical, sexual and psychological
violence carried out by husband, partners or father. Common forms of violence against women in
Nigeria are battering, sexual abuse of children, marital rape, acid attacks
molestation, corporal punishment and Homicide. The victims of domestic violence
are women, men, boys, and girls. However, women and girls are most affected.[3]
The purpose is to create sensitization in the area of gender based violence in
Nigeria, as the victims most often suffer in silence and fail to seek help due
to patriarchal nature of the society. Attempt to preserve unity in the
relationship or family while in some cases they sacrifice their lives in the
process.
Domestic violence
affects men and women of all ages, races, religions and incomes. However due to
the nature of domestic violence, it is often a hidden social problem. The
‘indivisibility’ of the problem is largely to the belief that, it is a private
family matter, which should not be made known to outsiders. This problem is not
confined only to Nigeria but is a world –wide concern. In 1994, the World Bank compiled a study of
domestic violence experienced by women in 25 countries.[4] It
is estimated that one in every three women worldwide are victims of intimate
partner violence. Domestic violence has
a long history but it was only ‘uncovered’ in the 1970s when women’s movement
highlighted the problems and demanded that it should be addressed.
On a daily basis, the
media reports of domestic violence, spousal killings, brutalization and sexual
abuses on women and children. Marriage which in the past was the dream of every
eligible man and woman has suddenly become viewed with sense of evil. It is no
longer news that aspiring young men and women dreads to walk down the aisle of
marital life for fear of uncertainties as a result of related incidents of
domestic violence. Unfortunately, despite the fact that these violent acts
continue to cripple the foundation of many families and by extension the fabric
of society, nothing much has been achieved in checking the menace. Recent rise
in the incidents of domestic violence has brought to the fact that something
has gone fundamentally wrong with the institution of marriage. The rise in
domestic violence is not helped by seeming non-challant attitude being
displayed by not only the victim but the society at large. Today, men, women and children have become
punching bags, molested, raped and violated at will. It is not always easy to
determine in the early stage of marital relationship, if one spouse will become
abusive. Abusers may often seem wonderful and perfect initially, but gradually
become more aggressive and controlling as the relationship continues. Abuse may
begin with behaviors that may easily be dismissed or downplayed such as
name-calling, threats, possessiveness, or distrust. Abusers may apologize
profusely for their actions or try to convince the person they are abusing that
they do these things out of love or care. However, despite the apologies
violence and control always intensifies over time with an abuser.
1.1.0
STATEMENT OF THE PROBLEM
Nigeria is yet to enact
a gender sensitive and specific legislation on domestic violence at its
national level. Although, this country does not have a law that specifically
outlaws domestic violence, it has recently enacted the 2015 Violence against
Person Prohibition Act [VPPA] as well as few state laws on domestic violence.
The enactment of any legislation on domestic violence is a step in the right
direction. However, this research will attempt to show that it is merely a first
step. Arguably, relying on any domestic violence legislation as the expectant
savior of women from domestic violence in Nigeria is essentially a mere
illusion and fallacy. As such, this study would show how Nigeria could instead
benefit from a multi-faceted approach in attempts to curb domestic violence.
Domestic violence
occurs in all country, rich or poor, developed, or developing, with no regard
to caste, creed, color, social status, wealth, urban or rural residence, or the
ages of victim and aggressor.
1.2.0
THE SCOPE OF THE STUDY
The research work is
only limited to the regulatory framework for prevention of domestic violence in
Nigeria.
1.3.0
SIGNIFICANCE OF THE STUDY
The study it
significant in the sense that it revealed that domestic violence has caused
serious harm, injury and it is an issue affecting individuals in every
community, regardless of age, economic status, sexual orientation, gender race,
religion or nationality. These directly or indirectly have negative effects on
women, men, boys and girls in Nigeria. The research will educate individuals
and families through teachings in seminars, conferences, public lectures to
religious organizations in the church and mosques, in public religious
gatherings. The knowledge gained from such teaching will broaden the knowledge
of men to consider women as instrument for the change because when women are
educated, the whole family will be educated either directly or indirectly. The
findings of this study are to prevent and eradicate domestic violence in
Nigeria.
[1] Integrated
Regional Information Network [IRIN [2007]
[2] Amnesty
international [2007]
[3] Texila
international journal of Academic Research volume3, issue 2, December 2016
[4][ Heise,
Pitanguy, and Germaine, 1994]
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