Domestic Violence Act In
Gilbert Boyefio
04/05/2007
President John Agyekum Kufuor yesterday assented his signature to the Domestic Violence Bill, which was passed by Parliament on February 21. Within an hour of the Bill appearing at the Castle, the President signed it before joining his Vice and Ministers for Thursday's scheduled cabinet meeting.
The legislation will seek to bring an end to domestic violence in Ghana, targeting in particular the abusive practice of "wife beaters" and men who habitually perpetrate violence against their partners.
Although Ghana has signed, ratified and adopted several international documents and conventions on domestic violence, such as the Convention on the Elimination of all forms of Violence Against Women, until recently domestic violence has been given little practical or real legislative attention.
Five years in the making, the law was initially sponsored by Nana Akufo-Addo, the then-Minister of Justice and now the Foreign Minister, and Gladys Asmah, former Minister of Women"s and Children's Affairs. It has been carried through by a sustained campaign from women's and human rights advocacy groups and committed parliamentarians, but has also met with opposition and debate along the way, particularly over the amended marital rape clause.
The bill, which enjoyed by-partisan support when it was read for the final time on February 21, was eventually hailed by all members.
Though introduced in 2002, the domestic violence bill was read for the first time in parliament on Wednesday May 24, 2006 and was subsequently referred to a Joint Committee on Gender and Children and Constitutional, Legal and Parliamentary Affairs for consideration and report, in pursuant to Article 106 (4) (5) and (6) of the Constitution and standing orders 175 and 179 of the house.
A report by the Joint Committee pointed out that domestic violence and sexual abuse in Ghana constitutes a serious social evil which continues to undermine and threaten harmony in the family as a unit of society, with the potential to erode gains made by the country.
It further indicated that, although the Criminal Code of 1960 criminalises domestic violence, provisions thereunder are inadequate to deal with this social evil. The Code criminalises assaults and battery, rape, incest and defilement, and further provides protection against demeaning cultural practices such as widowhood rites, early customary servitude and female genital mutilation.
It has been observed that while a number of perpetrators of such violent acts virtually escape, with varying but lesser degrees of requisite sanction, custodial sentences following protracted court processes leave victims without adequate remedies.
The President assenting the Bill into an Act therefore provides the victims of domestic violence with a broader set of remedies, including specific protection orders which will promote human dignity and ensure prompt, cost effective and less traumatic means of redress.
04/05/2007
President John Agyekum Kufuor yesterday assented his signature to the Domestic Violence Bill, which was passed by Parliament on February 21. Within an hour of the Bill appearing at the Castle, the President signed it before joining his Vice and Ministers for Thursday's scheduled cabinet meeting.
The legislation will seek to bring an end to domestic violence in Ghana, targeting in particular the abusive practice of "wife beaters" and men who habitually perpetrate violence against their partners.
Although Ghana has signed, ratified and adopted several international documents and conventions on domestic violence, such as the Convention on the Elimination of all forms of Violence Against Women, until recently domestic violence has been given little practical or real legislative attention.
Five years in the making, the law was initially sponsored by Nana Akufo-Addo, the then-Minister of Justice and now the Foreign Minister, and Gladys Asmah, former Minister of Women"s and Children's Affairs. It has been carried through by a sustained campaign from women's and human rights advocacy groups and committed parliamentarians, but has also met with opposition and debate along the way, particularly over the amended marital rape clause.
The bill, which enjoyed by-partisan support when it was read for the final time on February 21, was eventually hailed by all members.
Though introduced in 2002, the domestic violence bill was read for the first time in parliament on Wednesday May 24, 2006 and was subsequently referred to a Joint Committee on Gender and Children and Constitutional, Legal and Parliamentary Affairs for consideration and report, in pursuant to Article 106 (4) (5) and (6) of the Constitution and standing orders 175 and 179 of the house.
A report by the Joint Committee pointed out that domestic violence and sexual abuse in Ghana constitutes a serious social evil which continues to undermine and threaten harmony in the family as a unit of society, with the potential to erode gains made by the country.
It further indicated that, although the Criminal Code of 1960 criminalises domestic violence, provisions thereunder are inadequate to deal with this social evil. The Code criminalises assaults and battery, rape, incest and defilement, and further provides protection against demeaning cultural practices such as widowhood rites, early customary servitude and female genital mutilation.
It has been observed that while a number of perpetrators of such violent acts virtually escape, with varying but lesser degrees of requisite sanction, custodial sentences following protracted court processes leave victims without adequate remedies.
The President assenting the Bill into an Act therefore provides the victims of domestic violence with a broader set of remedies, including specific protection orders which will promote human dignity and ensure prompt, cost effective and less traumatic means of redress.
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