Challenge to enforcement of domestic violence laws

Article: Salome Donkor
Countries that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are legally bound to put its provisions into practice. By accepting the Convention, which was adopted in 1979 by the UN General Assembly, member states commit themselves to undertake a series of measures to end all forms of discrimination against women.
These states are enjoined by the Convention to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women; establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and to ensure elimination of all acts of discrimination against women by persons, organisations or enterprises.
They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.
The Convention, often described as an international bill of rights for women consisting of a preamble and 30 articles, defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
It defines discrimination against women as "...Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."
Ghana ratified CEDAW in 1986, and currently, 185 countries, constituting over ninety per cent of the members of the United Nations are party to the Convention. The latest country to append its signature is San Marino, on September 26, 2003, while Cook Islands assented the treaty on August 11, 2006.
The United States of America (USA) is among eight countries yet to ratify CEDAW, alongside Sudan, Somalia, Qatar, Iran, Nauru, Palau and Tonga.
States that have ratified the Convention are obligated to create laws that protect women on an equal basis with men, and to modify or abolish existing laws or customs that discriminate against women.
CEDAW is the only human rights treaty which affirms the reproductive rights of women, and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children. State parties also agree to take appropriate measures against all forms of traffic in women and their exploitation.
The Convention provides the basis for realising equality between women and men by ensuring women's equal access to, and equal opportunities in political and public life, including the right to vote and to stand for election, as well as education, health and employment.
Agencies of the state agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.
Despite the promising purposes of such statements, in reality the international convention that Ghana and other countries in the region have ratified have made little impact on a number of African countries.
According to Amnesty International, discrimination is the root cause of violence, and that impunity perpetuates violations and abuses. Violence against women is pervasive throughout the world. Approximately, one in three of the world’s women will experience violence at some point in their lives, with rates reaching 70 per cent in some countries.
Millions of women are abused each year, often in countries where they face discriminatory laws preventing them from seeking meaningful legal resource against such violence. The World Health Organisation (WHO) estimates that globally, one woman in five will be a victim of rape or attempted rape during their lives. Within Africa, the estimate is one in three.
In Ghana, for example, bills that have clashed with cultural norms and religious beliefs have proven difficult to enforce. Individuals not widely in support of such laws may continue to deal with violence through traditional means, rather than turning to the protections of the law.
Numerous factors combine to limit women’s access to justice. Women’s lack of education about their legal rights may also inhibit some women from using laws once they are in place to protect them. For instance, a lack of access to formal education, limited legal literacy, and a lack of familiarity with the language of the courts may make court navigation difficult.
A research conducted by Action Aid Ghana, with support from the United Nations Population Fund (UNFPA), and launched in 2007 to engender advocacy towards the implementation of the recommendations contained in the study on violence against women (VAW) in northern Ghana came up with certain revelations.
The study showed, among other things, that physical violence, denial of basic necessities, arbitrary dissolution of marriage, forced marriages and unnecessary reprimanding of women constituted acts of violence against women that were prevalent in northern Ghana.
The Network of Women’s Rights in Ghana (NETRIGHT), a coalition of organisations and individuals advocating gender equity, which made an assessment on issues of concern to women in Africa in 2008, established that discriminatory practices against women in the name of culture still prevailed in Africa with increasing efforts being made to address them.
A paper presented by Dr Rose Mensah-Kutin, the NETRIGHT Convenor, during the organisation’s end-of-year event in Accra last year, indicated that an estimated three million girls a year are said to be at risk from the practice of female genital mutilation (FGM) and many of them are in Africa.
She indicated that within the Ghanaian context , stories published on women during the period featured a range of themes and more than half of all the stories were on women, politics and decision-making, with a specific focus on the 2008 elections.
According to Dr Mensah-Kutin, other stories could be located within the general themes of violence against women, women's health, beauty and entertainment, women and the economy, as well as discriminatory practices against women.
Ghana has incorporated the Convention’s provisions into the laws and practices of the country, resulting in the enactment of laws such as the Domestic Violence (DV) Act, 2000 (Act 732) Human Trafficking Act, 2005 (Act 694), and provisions in the 1992 Constitution to reduce violence against women and other human rights abuses by reversing discrimination and providing equal protection before the law.
However, the reality of the situation is that significant challenges affect the enforcement of domestic violence laws. Reports from the police indicate that it is often difficult to collect medical evidence to support domestic violence cases in the country, since there are a few medical facilities in rural areas where many women live, and even urban facilities may have inadequate resources to collect medical evidence. Many victims may also be unable to afford expensive medical tests, even if they are available.
At its Annual General Meeting (AGM) in Accra recently, the Society of Ghana Women Medical and Dental Practitioners (SGWMDP) urged the government, as a State Party to CEDAW, to ensure the full implementation of all the Provisions and General Recommendations of the Convention.
The association congratulated Ghanaian women, women of the world and the United Nations for the entering into force 30 years ago of CEDAW, and pledged its full support to the realisation of the aims and principles of the CEDAW.
By ratifying the Convention, Ghana has the obligation to protect certain groups and provide the special care and assistance required for the physical and mental well-being of women and children, among others.
Women rights advocates have recommended that the government should provide skills training and free medical care for women who are victims of violence, as well as provide logistics to the Domestic Violence and Victims Support Unit (DOVVSU) of the police to strengthen their work.
They also suggest that non-governmental and civil society organisations should institute legal aid schemes to support victims of violence and also strengthen women’s pressure groups to fight for the rights of women.
Advocates must continue to engage in targeted outreach and education in order to ensure that communities understand and support the protections that domestic violence laws can provide so that victims can choose to make use of such laws.