DOMESTIC VIOLENCE

Domestic violence is violence which occurs in the home or family setting. This is not limited to violence or abuse occurring between spouses, parents and children but includes violence against anyone at all living within the domestic setting, including domestic workers and extended family.

This violence or abuse manifests in different forms: physical abuse, psychological abuse, sexual abuse, and cultural practices which result in violence or abuse and social and economic abuse.

Victims of domestic violence are primarily women. Women tend to fall victim to domestic violence more than men, for in most parts of the world, women are socially and economically disempowered. Made dependent on men through socially imposed gender roles, women often have few to no options, and are easily victimized. Domestic violence does not discriminate against social, economic or any other distinction. It is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, families and all societies around the world.

Domestic violence is also violation of the right to adequate housing. Under the definition of adequacy housing is to be safe and secure, and allow persons to live in dignity. (General Comment No 4, International Covenant on Economic, Social and Cultural Rights) Women subjected to violence in their home are unable to realize a safe and secure home, and are denied their right to live in dignity.

Furthermore, women’s lack of housing and land ownership and control, is directly correlated with domestic violence, as it contributes to women’s low social status and their vulnerability to poverty. Women who do not own property are far less likely to realize economic empowerment. As such, they are vulnerable to abuse.

Many cases of domestic violence in Africa are not reported either because of lack of knowledge of the law or a lack of laws in place to protect women, as well as women’s own fear of family breakdown. Lastly, due to a lack of control or ownership of the marital or familial home they reside in, women often put up with domestic abuse due to a lack of alternative accommodation. Prisoners of violence, these women continue to be abused, for being thrown out of the home to become homeless is the only option.

There is the need for African governments and other stakeholders to provide legal frameworks to protect women from domestic violence. Often, those in place are not effective. Some countries still have laws that condone the use of force in a domestic setting, to allow for “family harmony”. Others, even when they have anti-domestic violence legislation, fail to include all kinds of violence, thereby creating loopholes. Most countries do not properly enforce anti-domestic violence laws. Domestic violence is still, sadly seen as a private matter and out of state control. The opposite however is true- international human rights laws and standards put positive obligations on States to not only to punish domestic abusers, but also to prevent domestic violence through enforcing women’s economic, social and cultural human rights, in particular the right to housing and land, to allow for options that women may live free from violence, and not as veritable prisoners with no where to go.

When considering that domestic violence violates so many human rights of women, it is obvious that much more needs to be done, seeking alternative and creative solutions to domestic violence. The media and civil society groups working towards the empowerment of women need to campaign more against domestic violence. All States have obligations to protect all its citizens in the public and in private in accordance with international human rights instruments and standards.