SLC22-W5 | GENDER VIOLENCE

Hello friends, welcome to another law week of participation.

Part I
-. Say there is a special law in your country to protect the rights of women and what is your opinion regarding that law

There are several laws enacted in Nigeria to protect the girl child and the rights of women in general. I would say, that the country has been sensitive in bringing these laws into the limelight despite their limitations. I will be naming some of these laws that have since been in existence.

The "Child Rights Act" of 2003 was enacted into law given some barbaric norms. and cultural practices that disenfranchise the girl child against their rights to education. This was an ideology that believed that the girl child would end up in their husband's home. and kitchen; hence, there was no need to enroll them in education. This law also tends to prohibit harmful practices and early child marriages of the girl child practiced in some regions.

The "Violence Against Persons Act" of 2015 was an intended one given the sporadic escalation of violence against women especially the several cases and concerns on domestic abuses. Though this was a general Cap enactment, the female gender has been a focal point of interest therein.

Lastly, we have the "Trafficking in Persons Enforcement & Administration Act" of 2015 was quickly put into place to curb the ever-escalating trend of human trafficking for sexual benefits. This was targeted at the women and girls who were trafficked for sexual exploitation.

My Opinion:

These laws were not only appropriate but timely to reduce the overbearing pressure and influence it was gaining at the time. Women and the girl child received some commensurate protection and care through these laws, especially those bothered by domestic violence, early child marriages, and sex exploitation.

Though there were reasonable gains from the law enactment, it still suffered pockets of challenges due to poor funding and enforcement to carry out effective and efficient service delivery and supportive measures. We could see cultural practices and insufficient awareness still hindering its full representation.

Therefore, there is a need for the NOA (National Oriental Agency) to do more Advocacy and awareness on these for result effectiveness.

-. Say if you consider that law is effective and if it does not violate the principle of equality before the law that both men and women have.

The Effectiveness of These Laws

As I mentioned above, these laws were enacted timely in the country, but it has continued to suffer partial effectiveness of purpose. These laws have continued to suffer poor enforcement required to persecute cases as well as inadequate awareness of the law of stakeholders.

Even when this should be enforced, there is poor funding to carry out activities relative to proper investigation and persecution of cases when the need arises. We cannot also forget to mention the stigma associated with some of these cases, which discourages victims from reporting them when they occur.

Principle of Equity of these Laws

These laws were created or enacted to correct the imbalances already created in the system rather not violate the Principle of Equity. However, the opposite gender has also been given the same treatment when the complaints received are from the other side.

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Part II
-. From the list of crimes reported in class, say what you think may be crimes of gender violence and what may be common crimes committed against a woman or women.

Crimes of Gender Violence

While defining this, we see violence under this category as a crime targeted on gender lines. The female gender is the worst hit in this, given their peculiarities in their feminine nature and systemic imbalances.

Psychological Violence
Harassment or Bullying
Threats
Domestic Violence
Sexual Violence
Violent Carnal Access
Forced Prostitution
Sexual Slavery
Sexual Harassment
Workplace Violence
Obstetric Violence
Forced Sterilization
Symbolic Violence
Trafficking of women, girls and adolescents.
Trafficking of girls and adolescent women

Common Crimes Against Women

These are crimes not directly targeted to women, but we find many situations where they seem to be in this net more than the opposite gender.

Physical Violence
Property and economic violence
Media violence
Institutional violence

-. You or someone close to you has been a victim of gender violence. What was the situation? Could the victim assert his rights? Do you consider that the law favored the victim?

I have witnessed a case of domestic violence against a gender, but it was a sorry outcome. This was a case that resulted in the abuse of wives and children in a state that is supposed to be the pioneer of the fight against gender violence. It was a disappointing outcome, to say.

As you said earlier, just reporting such cases simply implies that this constitutes evidence against the aggressor. In the case, not only was the case reported to the police station, but there were pictures taken to serve as proof of manhandling.

Your guess is as good as mine. It was later treated against the victim after the aggressor had incentives for the officer handling the case. An unfortunate scenario that leaves us at the mercy of "money power".

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Part III
Practical Case 1.
A thief arrives at a restaurant and submits customers there to deliver their belongings. A lady refuses to hand over her cell phone and money and instead confronts the thief, so he activates his firearm and shoots the aforementioned lady, causing her death.
-. Tell yourself if you are in the presence of a femicide or a homicide committed against a woman. Reason your answer.

Having known what femicide is all about, which is violence against women where they are killed because of gender affiliations. Homicide is a nontarget violence that isn't traced to any gender affiliations, but rather actions that happen outside gender status.

This was simply a robbery gone wrong in such a tense circumstance. The robber was only acting on impulse to get situations under control and had nothing to do with gender disparity. It was prompted by disobedience to order, irrespective of where it was coming from.

Case Study 2.
After some time, a man began insulting his wife, telling her that she was not worthy as a woman. He humiliated her, not letting her work or go out, claiming that a woman belongs to the house and cannot go out without her husband's consent.
One day, in the middle of the argument, the woman tried to respond to his insults and he beat her up, leaving her face with bruises.
-. Please state whether this is a crime of gender violence or a common crime committed against a woman. Explain your answer.

From the list earlier shared to categorize between gender violence and common crimes committed against women, this scenario clearly shows gender base crimes. Let's see some of the reasons why;

Physiological Violence & Coercion - this is from insults and abuses this man has continued to rain on the wife. Trying to stereotype the gender with control based on supremacy and function that limits their freedom and existence.
Physical Violence- Physical harassing her by beating her up demonstrates clear gender violence. This is not only an abusive scene but a domestic base violence against women.

Thank you, friends...

I wish to invite @chilaw, @kinkyamiee, @gerrynoel