AN APPRAISAL OF THE VIOLENCE AGAINST PERSON’S (PROHIBITION) ACT 2015 AND TS EFFECTIVENESS IN THE REDUCTION OF DOMESTIC VIOLENCE IN THE FEDERAL CAPITAL TERRITORY

Date

2017-06-17

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DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI

Abstract

The prevalence of violence against person's especially women and children has assumed alarming proportion. Traditional as well as evolving trends of violence against persons include physical, sexual and emotional abuse, many women in Nigeria experience female genital mutilation/circumcision, forceful ejection from home, and other harmful traditional practices arising as a result of age long cultural beliefs. Section 55 of the penal code (applicable in Northern Nigeria) legalizes corrective beating of a child, pupil, servant or wife as long as this does not cause grievous bodily harm. A 2012 report by the British Council stated that violence has become endemic in some public institutions including the police force and schools. Sexual harassment, including demanding sexual favors in return for employment or grades, is considered to be widespread. In April 2008, the Legislative Advocacy Coalition on Violence Against Women (LACVAW) carried out a harmonization of existing bills on gender based violence in the National Assembly with the aim of harmonizing their provisions so that a single bill which would be collectively promoted could emerge. This eventually led to the Violence Against Persons (Prohibition) Bill (VAPP Bill), which eventually culminated into the Violence Against Persons Prohibition Act 2015. It is a Law that defines violence, seeks to eliminate violence in private and public life, prohibits all forms of violence including physical, sexual, psychological, domestic, Harmful Traditional Practices (HTP), discrimination against persons, and provides all round protection and remedies for victims as well as punishment of offenders. Gender Based Violence has become an everyday occurrence in Nigeria and is threatening to destroy family units and heighten the insecurity in homes and public spaces. It is a social problem of public health and security. Statistics have shown that 3 out of 10 women every hour of the day suffer domestic violence. There are limited legal sanctions for gender based violence in Nigeria despite its prevalence and serious consequences. However with the Violence against Person's Prohibition Act 2015, questions arise; what are the sanctions and how enforceable is this law and are there encouraging responses from women and the Nigerian society in general? The methodology adopted in this research is a combination of the doctrinal and non-doctrinal approaches to research as it entailed critically analyzing the legal instruments i.e. the VAPP Act and its application towards reducing domestic violence. To achieve this however, it is clear that it involved a multi-dimensional strategy. This reality highlights the need for legal reforms and access to justice for women whose rights have been violated. Some states have laws in place to address domestic violence, such as the 'The Prohibition Against Domestic Violence Law5 No 15, 2007 of Lagos State and the Gender-Based Violation (Prohibition) Law. 201 1 of Ekiti State. But, until the VAPP Act, there was no federal law specifically addressing domestic violence and Violence against persons in Nigeria. It has been observed that over the past two decades, many States have adopted or improved legislation to prevent and respond to violence against women. Laws increasingly criminalize such violence, it is important that these laws should ensure the prosecution and punishment of perpetrators, empower and support victims, and strengthen prevention. Victims should also benefit from civil remedies.

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Citation

A RESEARCH WORK SUBMITTED TO THE FACULTY OF LAW, NASARAWA STATE UNIVERSITY KEFFI, NASARAWA STATE, NIGERIA. IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF MASTER OF LAW IN CONSTITUTIONAL AND HUMAN RIGHTS LAW.