CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Domestic violence is a violation of human rights that affects individuals of all ages and genders. It constitutes nearly a quarter of all recorded global crimes (Booth, 2003). Studies have shown that one in four women and one in seven men have been victims of severe physical violence (e.g. beating, burning, stabbing) by an intimate partner in their lifetime (National Coalition Against Domestic Violence, 2020). According to initial findings from a multi-country study conducted by the World Health Organization (WHO) in 2005, domestic violence has been experienced by as many as 50% of women in certain parts of the world. While the severity of the problem varies across different communities and societies, women have been overwhelmingly victimized in approximately 95% of known cases (United Nations, 2002).
Domestic violence refers to a pattern of deliberate and systematic acts of violence, including physical, verbal, sexual, or continuous and habitual psychological, social or financial abuse that occurs within a family or household. Although it most frequently involves a husband being violent towards his wife (whether legally married or in a de facto relationship), it can also involve a wife being violent towards her husband, as well as violence by a parent towards a child, which is more commonly referred to as child abuse (Curca et al., 2008).
Domestic violence is a worldwide phenomenon that affects families of all backgrounds, including social, racial, economic, educational, and religious groups (Dahlberg and Krug, 2002, UNICEF, 2005). According to Djaden and Thoennes (2000) findings, approximately 4.8 million incidents of physical assaults and rapes by intimate partners are experienced by women annually in the United States of America, while men experience about 2.9 million such incidents. Domestic violence is a major issue in many countries around the world, particularly in regions where it is culturally accepted or overlooked by authorities. According to the International Rescue Committee (2012), after collecting data for ten years in Sierra Leone, Liberia, and Ivory Coast, it was revealed that domestic violence is the most significant security concern for women in West Africa. Likewise, Basu (2002) found that 56% of Indian women surveyed by an agency rationalized physical abuse as an appropriate way of disciplining a wife who falls short in managing domestic affairs.
Domestic violence has reached epidemic proportions in Nigerian society, with no signs of abating. According to a survey conducted by the CLEEN Foundation, one in every three respondents admitted to being a victim of domestic violence. The study also revealed a nationwide increase in domestic violence over the past three years, from 21% in 2011 to 30% in 2013. The CLEEN Foundation's 2012 National Crime and Safety Survey further demonstrated that 31% of the national sample had experienced domestic violence (Obagboye and Feoshi, 2019).
In many African countries, the physical punishment of wives and children is commonly accepted as a form of discipline (UNICEF, 2001). Parents view the act of physically disciplining their children as a means of instilling good behavior and preventing disobedience. Similarly, husbands in these societies may see their wives as prone to misbehavior and may use physical violence as a way to maintain control over them and prevent further wrongdoing.
Similarly, in Nigeria, and numerous other African nations, physical abuse of spouses and children is commonly accepted as a means of correction in traditional practices. This is especially true when the woman is financially reliant on the man. Due to Nigeria's patriarchal societal structure, women are considered inferior to men, and domestic violence serves as a way to reinforce the traditional role of women in society. Regardless of whether a woman is financially dependent or not, her position in society remains subservient, much like that of a child. Moreso, in Nigeria, violence against women in the home is a taboo subject that is not openly discussed due to cultural and societal beliefs. This has created a culture of silence that blames the victim instead of holding the perpetrator accountable (AfrolNews, 2007).
In Lagos state, Nigeria, a survey on violence against women conducted by Project Alert (2001) involved interviewing women from different workplaces, as well as girls and young women from secondary schools and universities. Of the 45 women interviewed from workplaces, 64.4% reported being beaten by a partner (boyfriend or husband), while 56.6% of 48 interviewed market women reported experiencing violence. Similar interviews in Oyo state and other parts of Nigeria yielded comparable results, indicating a high incidence of domestic violence. In another study conducted by Obi and Ozumba (2007) on the factors associated with domestic violence in South East Nigeria, 70% of respondents reported abuse in their family, with female partners being the victims in 92% of cases and males in the remaining 8%.
According to AfrolNews (2007), the most prevalent forms of abuse reported by female victims were shouting (93%), slapping or pushing (77%), and punching or kicking (40%). However, it is disconcerting to learn that many women are unaware that they are victims of abuse. This could be due to society's normalization of abusive behavior. Domestic violence has severe health consequences for women, which is why this study aims to highlight the necessity for legal and institutional protection for victims of such violence.
1.2 Statement of the Problem
In Nigeria, domestic violence is a widespread issue that impacts people from diverse socio-economic, cultural, and geographical backgrounds. Unfortunately, victims of domestic violence in Nigeria encounter numerous obstacles when trying to access legal and institutional protection. The problem is often seen as a private matter, and victims are often discouraged from seeking help from authorities. As a result, the rate of underreporting of domestic violence is high, with only a small proportion of victims seeking assistance from the police or healthcare services (Raghavendra and Duvvury, 2017; Cullen, 2023).
Furthermore, there exist notable social and cultural impediments that impede victims' access to institutional and legal protection. Nigeria's patriarchal culture, which places male interests and desires above those of women, often leads to the acceptance of domestic violence as a way of exerting control and discipline (Abdullahi et al., 2017). In addition, women often lack knowledge about alternative options, which leaves them suffering in silence within the confines of their homes. It is not uncommon for women to blame themselves for the violence they experience, believing that they deserve it due to their actions. Moreover, some women may choose to remain silent about their abuse due to fear of retaliation from their partner, shame or embarrassment about their situation, or fear of social isolation. These factors can further prevent victims from accessing the necessary support and protection they need (Kaur and Garg, 2008).
Despite efforts to create laws and policies that protect victims of domestic violence in Nigeria, there remains a significant gap between their enactment and enforcement. Since the civilian administration began in 1999, there have been increasing efforts to promote women's rights in Nigeria. A number of laws and policies have been introduced to address gender-based discrimination and bridge the gap between men and women. These include Infringement of a Widow’s and Widower’s Fundamental Rights Law No. 3 of Enugu State, Prohibition of Female Genital Mutilation Law in Cross River State, Prohibition of Early Marriages Act in Kebbi State, Retention in School and Against Withdrawal of Girls from School Act in Kano State, and Trafficking in Persons (Prohibition, Enforcement, and Administration) Act 2003, the Child Rights Act (Eze-Anaba, 2007; Obagboye, 2019).
Notwithstanding the availability of legal provisions against domestic violence, victims display hesitation in seeking legal recourse due to the unfavourable and unsympathetic nature of the justice system towards them. It is not uncommon for judges to subject victims to public scrutiny and place the onus of blame on them for their abuse, while prosecutors and judges use language that is condescending and threatening during the investigation and trial processes. Moreso, many victims are hesitant to report incidents of sexual assault and rely on the legal system for assistance due to the fear of invasive inquiries into their personal lives.(Eze-Anaba, 2007).
The aforementioned challenges have grave repercussions, including physical harm, mental distress, and social alienation, among a considerable number of domestic violence victims. Such challenges necessitate a thorough investigation of the underlying factors and the development of measures aimed at strengthening legal and institutional protections for domestic violence victims in Nigeria. The findings of this research will add to the existing body of knowledge on domestic violence in Nigeria, offering valuable perspectives for policymakers, civil society organizations, and other stakeholders engaged in the endeavor to combat domestic violence in Nigeria and beyond.
1.3 Aim of the Study
The study aims to identify the need for legal and institutional protection for victims of domestic violence in Nigeria.
1.4 Objectives of the Study
The study had the following specific objectives:
- To determine the prevalence and nature of domestic violence in Nigeria.
- To identify the legal and institutional frameworks in Nigeria for preventing and responding to domestic violence and to assess their effectiveness.
- To explore the barriers that prevent victims of domestic violence from accessing legal and institutional protection and to assess the impact of these barriers on victims.
- To propose recommendations for enhancing legal and institutional protection for victims of domestic violence in Nigeria.
1.5 Research Questions
- What is the prevalence and nature of domestic violence in Nigeria, including the types of abuse experienced by victims and the perpetrators involved?
- What are the legal and institutional frameworks in Nigeria for preventing and responding to domestic violence and to assess their effectiveness?
- What are the barriers that prevent victims of domestic violence from accessing legal and institutional protection and to assess the impact of these barriers on victims?
- How can legal and institutional protection for victims of domestic violence in Nigeria be enhanced?
1.7 Justification of the Study
The impact of domestic violence extends beyond individual victims and their families, affecting various aspects of society, including economic productivity, healthcare costs, and poverty. Addressing domestic violence in Nigeria is crucial for achieving gender equality, promoting social justice, and enhancing the well-being of the population. The results of this study will provide valuable insights for policymakers, civil society organizations, and other stakeholders involved in tackling domestic violence in Nigeria and other nations. The study's evidence-based recommendations can inform policy and practice, leading to improved outcomes for victims of domestic violence. Additionally, this study will contribute to the existing body of research on domestic violence in Nigeria and offer insights for future investigations.
1.8 Scope of the Study
The study focuses on assessing the need for legal and institutional protection for domestic violence victims only in Nigeria.
