The Cambodian legal system is a statutory law system, which means it is mostly based on written law passed by legislature. Sources of law in Cambodia can be classified into primary sources and secondary sources. Primary sources include the formal laws issued by state authorities. International law is also an integral source of Cambodian law. As such, the word 'law' in Cambodia can mean both domestic and international law. Secondary sources include customs, traditions, doctrine and judicial decisions.

Domestic legal protections

Cambodian law prohibits gender-based violence (GBV), with equal rights and protections against discrimination and abuse enshrined in the Constitution of the Kingdom of Cambodia ("Constitution"), the recent Criminal Code of the Kingdom of Cambodia ("Criminal (New Penal) Code") and the Law on the Prevention of Domestic Violence and Protection of Victims ("DV Law"). The Constitution provides equal rights and freedom from discrimination to all Khmer citizens, regardless of sex, in Articles 31 and 42 respectively, while the Criminal (New Penal) Code prohibits a number of forms of violence that disproportionately affect women, such as rape (Article 239); sexual harassment (Article 250); and pimping women for prostitution (Article 285). Though such provisions are undoubtedly a positive step in the realization of women's freedom from violence, they are insufficient to address the complex and nuanced ways in which GBV is perpetrated in Cambodia. The DV Law, enacted in 2005, goes further in its direct prohibition of forms of violence that are widely tolerated in Cambodia. In particular, the law criminalizes physical and psychological abuse against dependent household members (Articles 5 and 6), as well as forms of sexual aggression, including sexual harassment and violent sex (Article 7).

In addition to above laws, in recent years, there have been positive developments in combatting violence against women in Cambodia. The Royal Government of Cambodia (RGC) has made some significant efforts to combat GBV by enacting doctrines and legal instruments. Notable examples include the following:

• The 2017 Media Code of Conduct for Reporting on Violence Against Women
• The 2016 Referral Guidelines for Women and Girl Survivors of Gender-Based Violence
• The 2014-2018 Second National Action Plan to Prevent Violence Against Women
• The 2014-2018 Neary Rattanak IV Strategic Plan for Gender Equality and Empowerment of Women

International legal protection

Pursuant to Article 31 of the Constitution, all human rights treaties to which Cambodia is a party will be automatically absorbed into domestic law. Cambodia has ratified a number of conventions relevant to the elimination of GBV. Firstly, the 1966 Covenants on Civil and Political Rights and Social, Economic and Cultural Rights both affirm women's equality and their right to freedom from discrimination (Article 2). Secondly, Cambodia has also ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW is comprehensive in its prohibition of forms of discrimination against women throughout civil, political, social, economic and cultural areas of life. In particular, CEDAW provides two 'general recommendations' (No. 19 and updated No. 35) that explicitly address the issue of GBV, providing a wide and inclusive definition of such violence.

Hierarchy of laws

Only the provincial/municipal courts have the authority to issue a protection order (Article 21 of the DV Law). To the extent an act of domestic violence will be considered within a civil, administrative or criminal case, a competent court will be determined in accordance with respective rules of procedure.