Which law protects against gender base violence
In South Africa, there isn’t a single, comprehensive law that addresses all aspects of Gender-Based Violence (GBV). However, there’s a framework of laws that provide protection and recourse for victims. Here’s a breakdown of the key legal instruments:
- 📌 The Domestic Violence Act 116 of 1998: This is a cornerstone legislation specifically focused on domestic violence. It empowers victims (spouses, partners, or people in a dating relationship) to apply for protection orders against abusers. These orders can prohibit contact, force the abuser to leave the home, and restrict their access to the victim or certain locations.
- 📌 The Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 13 of 2022: This Act strengthens existing legislation related to sexual offenses. It expands the definition of rape, criminalizes sexual intimidation, and introduces stricter bail conditions for GBV offenders.
- 📌 The Protection from Harassment Act 17 of 2011: This Act offers protection from a broader range of harassing behavior, not just limited to domestic violence situations. It can be helpful in cases of stalking, unwanted communication, or other forms of harassment based on gender.
- 📌 The Prevention of Combating of Trafficking in Persons Act 7 of 2013: This Act addresses human trafficking, which can be a form of GBV exploiting women and girls for forced labor, sexual exploitation, or domestic servitude.
Additionally
- ✅ The Constitution of the Republic of South Africa: The Constitution itself guarantees fundamental rights to equality and human dignity, which underpin the fight against GBV.
It’s important to note that this is not an exhaustive list, and specific legal strategies will depend on the nature of the GBV case. If you or someone you know is experiencing GBV, it’s crucial to seek legal advice from a lawyer specializing in Gender-Based Violence. They can advise you on the most appropriate course of action based on your situation and help you navigate the legal system.
Here are some resources for further information and support:
- 📌 Lawyers Against Abuse (LvA): https://lva.org.za/
- 📌 The Department of Justice and Constitutional Development: https://www.justice.gov.za/vg/GBV.html
- 📌 National Department of Social Development (DSD):