Today marks the ninth day of the 16 days of activism campaign against gender-based violence. It is fitting to discuss some legal issues in line with the theme. Every small gesture highlighting the issue is to play a part in the campaign.
Your Rights: MIRIAM TOSE MAJOME
Gender-based violence affects both men and women, even though the focus is more on women. The bias is only because women are more affected by domestic violence than men. Children are also badly affected either as victims or as collateral damage. Even though most campaigns generally target women, it in no way minimises or trivialises the harm that men endure when they fall victim to domestic violence. The aim of every campaign against domestic violence is to eliminate all forms of gender-based violence against women, men and children.
The law
The Domestic Violence Act Chapter 5:16 provides for protection from domestic violence and relief for victims. Section 80 of the Constitution especially provides for the rights of women and protection of their dignity and worth as equal human beings in the society. Section 80(3) particularly outlaws laws, customs, traditions and cultural practices that infringe upon the rights and personal safety of women.
16 Days of Activism
The 16 Days of Activism Against Gender-Based Violence is marked annually from November 25 to December 10. November 25 is the International Day for the Elimination of Violence against women and December 10 is Human Rights Day. The 16 days are derived from the number of days between the two days. The 16 days campaign seeks to highlight the scourge and galvanise action to end violence against women and children around the world. It started in 1991 and originated from the first Women’s Global Leadership Institute co-ordinated by the Centre for Women’s Global Leadership. Since 1991, the campaign has been marked and commemorated annually by the majority of countries in the world so it is an international campaign. Notably, the 16-day period also encompasses two other important days the Universal Children’s Day and World Aids Day on December 1. People commemorate it by wearing a little white ribbon to show commitment and interest in the cause.
Forms of domestic violence
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Gender-based violence takes many forms, the chief of which is physical violence in personal and romantic relationships. There is also violent crime such as murder, robbery and assault that is mostly targeted at women. Women are more targeted for violent crimes for any number of reasons and motives the same way they are taken advantage of even in business dealings. It is a fact that women are generally paid less than men for the same or more work, but pay double for the same or lesser goods and services. Gender-based violence also manifests in emotional abuse. At home and personal spaces victims are subjected to verbal and psychological abuse.
At work women are statistically more prone to sexual abuse, harassment and discriminatory practices. Women report more cases of abuse, humiliation and degradation of their dignity. These abusive patterns lead to social and economic deprivation, which are also serious forms of gender-based violence. Women tend to be purposefully excluded from serious opportunities and access to material resources both at home and at the workplace. The pre-conceived negative perceptions towards women all contribute to entrench the many forms of gender based violence.
Meaning of domestic violence in the Act
Section 3 sets out an array of acts that fall under the ambit of domestic violence. Domestic violence means any unlawful act, omission or behaviour, which results in death or the direct infliction of physical, sexual or mental injury. These acts are specifically described as including, physical violence, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment, stalking, malicious damage to property, forcible entry into a victim’s residence, where the parties do not share the same residence.
It also includes depriving someone or hindering them from accessing or having a reasonable share of the use of the facilities associated with the victim’s place of residence. It is common for one partner to drive the other partner away from the house or impose restrictions to their access to household facilities. An example is locking a person in or out of domestic premises or work premises. Included as well is unilaterally disposing of household assets or other property in which the other party has an interest. It is not uncommon for wives to only hear when it’s too late that the husband sold the family house and she and the children are thrown out onto the street. This is a very serious and very common form of domestic violence. We will discuss interventions in succeeding chapters.
Harmful cultural practices
The majority of cultures worldwide generally hold women in lower esteem compared to men. Religion is the one major accessory and accomplice to the subjugation of women. Women have to contend with harmful cultural and religious practices that violate their human rights. These harmful practices do nothing at all for women’s self-esteem. The Act is specific about the harmful practices and it criminalises their performance and this goes a long way to curb gender-based violence. When people become aware that certain cultural and religious practices are illegal, it has an overall deterrent effect over the course of time. Offences specifically described in the Act are practices like virginity testing, female genital mutilation, pledging of women or girls for the purposes of appeasing spirits or forced marriage or child marriage or forced wife inheritance or sexual intercourse between fathers-in-law and married daughters in law. There are many more listed offences in the Act and breaching any part is a criminal offence.
Next Saturday, on the 16th day, we will discuss some of the legal interventions and practical remedies available to victims.
Miriam Tose Majome is a lawyer and a teacher. She can be contacted on [email protected]
