Today, in most societies, domestic violence is a leading cause of injury, single motherhood, depression, and even death. Domestic violence is aggressive and violent behavior that involves emotional abuse toward one or both partners in a relationship aimed at controlling the other, affecting their physical and mental health. Domestic violence is particularly common between spouses and intimate sexual partners. Although there are laws for women and businesses, most countries in sub-Saharan Africa and the Middle East lack laws and regulations to address domestic violence against women or cruel, inhuman, and degrading treatment. In these countries, up to 300 cases of domestic violence occur every day.
Cultural Factors Contributing to the Lack of Regulations on Domestic Violence Against Women
Factors such as cultural customs, religious beliefs, and taboos are some of the main reasons for the lack of laws on domestic violence in many countries. Most cultures claim to have unwritten laws to combat domestic violence and for this reason, people in these societies believe that there is no need to enact laws on domestic violence. These laws vary from community to community, which is why most countries do not have a common or universal law on domestic violence. In the developed world, there are symbols of power whose mission is to combat cases of domestic violence in the society. These may be village elders, religious leaders, chiefs, or clan leaders. These officials oppose any attempt by the government to introduce a legal framework to combat domestic violence. In countries in the Middle East and elsewhere, reporting any form of violence against women is considered taboo. The lack of reporting makes it difficult to pass legislation to combat domestic violence, as there is insufficient support from local communities.
Legal factors that fuel the lack of regulation in the field of combating domestic violence
Most departments and institutions responsible for enacting regulations, such as Parliament, are headed by men. As a result, laws and regulations related to domestic violence are ignored and rejected by those who see them as punishment against men. Laws related to domestic violence are considered a violation of the rights of the aggressor, especially when there is a penalty for the abuse. In some countries, domestic violence is not considered a criminal offense and therefore there is no need to create “specific” laws for this type of action.
The concept of the absence of laws on domestic violence. Both legal and cultural factors have largely contributed to the lack of clearly defined laws on domestic violence, with most countries relying on existing laws to handle criminal cases. Many of these laws provide enough loopholes for the accused to escape justice, especially when the victim is under their control. The increasing number of cases of domestic violence is alarming because there is no clearly defined framework or regulation to combat such violence. People commit such crimes with self-confidence and knowing that they will survive the situation. Moreover, village authorities who judge local cases tend to rule and decide in favor of the accused, thereby denying justice to the victim.
Countries without domestic violence regulations
Countries without defined domestic violence regulations on the African continent include the Democratic Republic of Congo, South Sudan, Republic of Congo, Côte d’Ivoire, Chad, Swaziland, Burkina Faso, Cameroon, Morocco, Guinea and Gabon, as well as Eritrea. Middle Eastern countries without domestic violence regulations include Iraq, Myanmar, Qatar, Haiti, Oman, Syria, Palestine, Yemen and Armenia, among dozens of other countries.
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