An Appraisal of the Legal Obligations Vested to Tanzania and the Legal Challenges Facing the Prohibition of Gender-Based Violence in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Rubanzibwa Anitha
Published On: 08/12/2023
Volume: 9
Issue: 6
First Page: 310
Last Page: 325
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Rubanzibwa Anitha, An Appraisal of the Legal Obligations Vested to Tanzania and the Legal Challenges Facing the Prohibition of Gender-Based Violence in Tanzania, Volume 9 Issue 6, Journal of Legal Studies & Research, 310-325, Published on 08/12/2023, Available at https://jlsr.thelawbrigade.com/article/an-appraisal-of-the-legal-obligations-vested-to-tanzania-and-the-legal-challenges-facing-the-prohibition-of-gender-based-violence-in-tanzania/

Abstract

This research paper critically analyses on the legal obligations vested to Tanzania and the legal challenges facing the prohibition of gender-based violence in Tanzania. The study makes the analysis on the legal obligations vested to Tanzania as one of the signatories of the international human rights instruments with regards to prohibition of gender-based violence in Tanzania. And in recognizes its obligations Tanzania has enacted different laws, policies and strategies and the most recent being the incorporation of the Sexual Offences Special Provisions Act of 1998 into the Penal Code of Tanzania[i]whilst inviting the rules under the Law of Marriage Act[ii] which prohibits domestic violence against partners in marriage. However, despite the presence of these laws and policies, gender-based violence has been increasing and ineffective laws have played a major role in this. Whereas the National Gender Policy has been in place since 1997, it is difficult to assess the impact it has had. Since its inception, the policy has not been supported by an implementation framework with attendant resources. Thus the study examines and assesses the legal obligations set forth by the International legal regime with regards to prohibition of gender based violence in Tanzania and then assess for the legal challenges and recommendations on what has to be done.

[i] Penal Code Act Cap 16 R.E 2022

[ii] Law of Marriage Act Cap 29 R.E 2019

Keywords: Gender Based Violence, Tanzania,

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