Fighting Domestic Violence

Ghana

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1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

The relevant statutes and codes include the following, in each case as amended from time to time:

i) Domestic Violence Act 2007 ("Act")

This covers the law as it relates to domestic violence, particularly in respect of women and children as well as what protection is available for victims.

ii) Children's Act 1998

This covers the law relating to children, the rights of the child, maintenance and adoption, the regulation of child labor and apprenticeship, and other ancillary matters concerning children generally.

iii) Criminal Procedure Code of 1960 (Act 30)

This act covers the procedures to be followed — including police procedures, court procedures, jury and trial procedures — in the event of criminal activity.

iv) Criminal Code of 1960 (Act 29)

The code defines the types of conduct that constitute criminal offenses. It also establishes the kind and degree of punishment that may be imposed for an offense.

When analyzing the legal provisions relating to domestic violence in Uganda, it is useful to consider relevant statutes and codes. A strong legislative framework exists in the form of the following legal provisions or instruments and relevant sources:

  • Domestic Violence Act, 17 of 2010 ("Domestic Violence Act")
  • Domestic Violence Regulations, 2011 ("Domestic Violence Regulations")
  • Convention on the Elimination of All Forms of Discrimination Against Women, 1985 (CEDAW), which was ratified by Uganda
  • Protocol on the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, which was ratified by Uganda ("Maputo Protocol")
  • Constitution of Uganda, 1995, as amended ("Constitution of Uganda")
  • Prohibition of Female Genital Mutilation Act, 2010
  • Sexual Offenses Bill, 2015
  • Marriage and Divorce Bill, 2009
  • Article 123 of the Penal Code Act, Chapter 120 (Punishment for Rape)
  • Equal Opportunities Commission Act, 2007, which provides a legal basis to challenge laws, policies, customs and traditions that discriminate against women
  • Handbook on Responding to Domestic Violence, 2007, developed by the Ugandan Police Force in cooperation with the Center for Domestic Violence Prevention
  • Ugandan Police Force established the Gender Desk in 1986, which became the Child and Family Protection Unit in 1989
  • Handbook on Laws and Policies at National, Regional and International Level on Gender Based Violence
  • Gender Bench Book: Women's Access to Justice in Uganda
Additionally, in the Kampala district, a bylaw was passed in October 2007 that makes it possible to impose a fine on or demand compensation from a perpetrator of domestic violence. The bylaw also provides for a fine to be imposed on anyone who "abuses or physically hurts" a community member or authority figure who intervenes or comes to the aid of a victim. According to Raising Voices, a nongovernmental organization based in Kampala that works toward preventing domestic violence, this is the first bylaw to be passed in Uganda that addresses domestic violence.[1]
1.2 What is the controlling case law?
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1.3 What are the specific parts of the court system that address domestic violence?

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1.4 What are potential causes of action?

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