Background
Laws and policies are often considered critical for protecting women and girls against sexual and gender-based violence (SGBV). Globally 1 in 3 women, approximately 736 million, have experienced physical or sexual violence—a statistic that has remained largely unchanged over the past decade.1 Younger people are at higher risk, with one in four young women aged 15–24 years who have been in relationships already experiencing violence from an intimate partner by the time they reach their mid-20s.1 Sub-Saharan Africa (SSA) is estimated to have the highest prevalence of violence against women among the regions in the world. According to the United Nations, 162 countries have passed laws on domestic violence, and 147 have laws on sexual misconduct in the workplace.2 However, only 37% of countries in SSA have passed laws on domestic violence.3 On the other hand, the existence of laws does not mean that the laws are always compliant with international standards or implemented effectively in various countries.
In 2015, the United Nations established the Sustainable Development Goals (SDGs); SDG 5.2 aims to eliminate violence against women,4 with Target 5.2.1 focusing on eliminating all forms of violence against women and girls in the public and private spheres. The United Nations system has specified ‘justice and policing’ as part of the essential service package for women and girls subject to violence alongside health and social services; the services are expected to be coordinated at both the national and local levels.5 Although many countries around the world have made efforts to provide basic services to combat violence, legal protection for victims of sexual violence has been limited.6 In particular, there are significant gaps in legislation in the Middle East, North Africa and SSA, where half of the women lack legal protection.6 The lack of criminal sanctions for perpetrators compounds the experience of women and girls who have experienced violence. As statistics show, about 1.5 billion women in education, 362 million in the workplace and 2.2 billion in public spaces are not protected from sexual harassment.6 Along with legal authorities, the police are responsible for prosecuting any form of violence through the courts. However, despite the existing framework of essential services, the impact of such efforts is low. Cultural norms around violence, which are deeply ingrained in many societies,7 deterred progress. For instance, there are strong cultural norms around stereotyped masculinity among male police officers, which explains their inaction to report8–10 or prosecute any violence they witness. In addition, only a few police stations offer night services, thereby limiting the accessibility of survivors of violence to legal support and/or redress. A systematic review by Sabri et al highlighted that the key components of interventions that are effective at addressing victimisation and perpetration across levels were education or psychoeducation, psychotherapy, skills development, gender transformative activities, community engagement, a focus on men and/or partners and health promotion activities such as HIV or STI prevention.11
In addition, non-state actors, civil society organisations (CSOs) including non-governmental organisations (NGOs) as well as religious leaders play important roles in combating GBV. For example, if they are adequately knowledgeable, religious leaders can be engaged in promoting awareness, education and counselling on GBV. They can also provide the needed impetus and support to people in the community to promote the implementation of relevant law.12 Over the years, NGOs around the world, including SSA, have made extensive contributions to the fight against GBV through the use of interventions such as training, counselling, activism, advocacy, community mobilisation and direct health services.13 However, NGOs have recorded many challenges in addressing GBV, such as lack of resources, lack of transformational programmes regarding gender norms and limited communication technologies to address cyberviolence.14 Other challenges included delays in the prosecution of perpetrators or offenders, as well as bribery and corruption among law enforcement officials.14
Like in many other settings, intimate partner violence as a subset of GBV is prevalent in Nigeria, with a lifetime estimate of 22.2% according to the 2018 Nigeria Demographic and Health Survey (NDHS) and a 13% prevalence over the past 12 months before the survey.15 Studies have shown that the incidence and prevalence of violence against women and girls increased during the COVID-19 pandemic and other emergencies. Studies also showed that health and judicial support services for GBV were often unavailable during such unplanned crises in several SSA countries.16 17 Several efforts have been initiated in Nigeria to address the challenge of the GBV, including legislative/legal, policy, advocacy, educational and health-related interventions. The existing national policies include the National Gender Policy (2022) while the Violence Against Persons Prohibition Act (VAPP) (2015) is one of the most significant national laws VAPP targets the elimination of violence in private and public life. It prohibits all forms of violence against persons, provides maximum protection and effective remedies for victims, and punishes offenders.18 Before VAPP, two states—Lagos and Ekiti—enacted VAPP-like laws; specifically, Lagos State enacted the Lagos State Prohibition Against Domestic Violence Law (PADVL) in 2007. 35 states have adopted the VAPP Act (or its equivalent as in the case of Lagos and Ekiti States)19 as at the end of 2023.20 Prior to VAPP, Nigeria passed the Child’s Rights Act (CRA) in 2003, which addressed, among other issues, the issues of child marriage and child abuse of all forms; By the end of 2023, 35 states have adopted this Act while only 32 assented to it.21
The judiciary is primarily responsible for the interpretation of the law, but many other state and non-state actors are involved in its implementation process. While the review of the implementation of the VAPP is scarce in the extant literature, studies have generally reported poor implementation of the CRA with associated factors including law-related causes, a weak administrative system and corruption.22 Cultural and religious beliefs have been identified as major obstacles to the implementation of CRA, particularly in the northern part of the country. Also, many of the state governments have not demonstrated adequate political will to the implementation of the laws and, among others, did not provide the needed resources that are needed for effective implementation. Poor knowledge of the laws among relevant professionals has also been identified in the literature.23
This study examined the responsibilities and challenges faced by stakeholders in implementing laws available for GBV in two neighbouring States in southwestern Nigeria. These are the VAPP Act of 2015,18 ‘the Lagos State PADVL of 2007,24 and the CRA of 2003’.25 The major part of the three laws addresses violence against people, children, girls and women, which relate to GBV. To gain insight into the role of these laws and the challenges encountered in their implementation process, we conducted a qualitative study involving GBV stakeholders.