ABSTRACT
GBV is a prevalent human rights issue, disproportionately affecting women and girls globally, regardless of cultural, economic, or social background impacting females across varied societal contexts. Despite sustained efforts via activism and policy reforms, GBV remains alarmingly prevalent, reflecting deep-seated inequalities. This research evaluates the effectiveness of legal measures designed to counter GBV, focusing on survivor protection, perpetrator accountability, and violence prevention.
The research employs a qualitative methodology, integrating legal analysis and comparative examination to investigate GBV and case study evaluations. It draws from both international legal instruments—such as The international treaty aimed at eliminating discrimination against women and the Istanbul Convention—and national legislation across multiple jurisdictions. This study investigates the domestic application of global legal standards, identifying gaps and assessing impact on survivors’ access to justice.
A critical review of the literature reveals that while many countries have established comprehensive legal frameworks addressing GBV, significant challenges persist in their enforcement. These include inadequate training for law enforcement and judiciary officials, cultural resistance to gender equality, lack of survivor-centered legal procedures, underfunded support services, and social stigma that discourages reporting. Furthermore, in many jurisdictions, legal definitions of GBV remain narrow, failing to encompass emotional, economic, and psychological abuse or non-physical forms of coercive control.
This study also emphasizes the significance of intersectionality in influencing the experiences of GBV survivors. Marginalized communities, including LGBTQ+ individuals, women with disabilities, migrants, and ethnic minorities, frequently encounter multiple obstacles in accessing legal recourse. In addition to identifying limitations within existing legal responses, the study offers practical recommendations for strengthening legal protections against GBV. These include
revising laws to cover all forms of violence, establishing independent oversight mechanisms, ensuring survivor-centered judicial procedures, increasing investment in shelters and counseling services, and implementing public education campaigns to challenge harmful gender norms. Effective legal protection requires not only well-drafted statutes but also coordinated action across the justice system, healthcare, education, and community networks.
Ultimately, the research concludes that law can serve as a powerful tool for social transformation, but only when it is enforced consistently, resourced adequately, and embedded within a broader framework of gender justice. Without these supports, legal reforms risk remaining symbolic, offering little more than formal recognition of survivors’ rights without real access to remedies. Addressing GBV requires more than criminalization—it requires a cultural shift, institutional accountability, and sustained political will. This study contributes to ongoing efforts to evaluate and enhance the role of law in the global fight against gender-based violence.
KEYWORDS
Gender-Based Violence (GBV)
INTRODUCTION
GBV is a widespread and intricate problem globally, predominantly affecting women and girls. GBV encompasses various forms of violence, including physical, emotional, and sexual abuse, and can occur in both public and private spheres. Despite the existence of legal protections, GBV
remains a significant challenge, and its impact can be far-reaching, affecting not only individuals but also communities and societies as a whole. This discussion will explore the effectiveness of legal protections in addressing GBV and the ways in which laws and policies can be strengthened to better support survivors and prevent violence.
Globally, countries have implemented legal frameworks to prevent, protect, and prosecute gender-based violence (GBV). International agreements like CEDAW and the Istanbul Convention have significantly influenced national laws. However, the impact of these protections varies greatly, and survivors often encounter obstacles, including limited access to inadequate justice access, weak enforcement, victim-blaming, and insufficient support.
This research aims to critically examine the effectiveness of legal protections against GBV, exploring how well legal systems safeguard survivors and hold perpetrators accountable. It investigates both the strengths and limitations of existing legal frameworks, drawing from international standards, case studies, and comparative analyses. Ultimately, the study seeks to identify best practices and offer recommendations for strengthening legal responses to GBV.
Millions worldwide are affected by GBV, a pervasive human rights issue, primarily women and girls, regardless of age, socioeconomic status, race, ethnicity, or geographic location. It includes a wide range of harmful acts such as domestic violence, sexual assault, child marriage, female genital mutilation (FGM), trafficking, stalking, and psychological abuse, all rooted in unequal power relations and systemic gender inequality. The widespread nature of GBV and its devastating personal, social, and economic consequences make it one of the most pressing concerns in contemporary society.
The rise in awareness around GBV has led to significant legal and policy advancements over the past few decades. Many national governments, influenced by both internal advocacy and international pressure, have introduced or amended laws aimed at preventing GBV, protecting survivors, and prosecuting perpetrators. Landmark international instruments, such as the Key international agreements: CEDAW and the 1993 UN Declaration on eliminating violence against women and the Council of Europe’s Istanbul Convention (2011), have served as crucial frameworks guiding the development of domestic laws. These instruments have redefined GBV
as not just a private or social issue but as a violation of fundamental human rights requiring state responsibility.
Despite the proliferation of legal reforms, the effectiveness of these laws in practice remains deeply contested. In many countries, survivors continue to face significant barriers to accessing justice, including institutional apathy, victim-blaming attitudes, lack of legal awareness, procedural delays, and inadequate support services. Legal protections often exist on paper but fail in implementation, leading to a gap between law and lived reality. This discrepancy raises critical questions: Are existing laws effectively protecting survivors of GBV? Are legal systems equipped to enforce these protections? What structural, cultural, and institutional obstacles undermine the impact of legal measures.
This research seeks to explore and critically assess the effectiveness of legal protections against GBV by examining both the strengths and weaknesses of existing frameworks. It evaluates how different countries have implemented GBV-related laws, the challenges faced in enforcement, and the extent to which these laws have succeeded in reducing violence and improving access to justice for survivors. The study also considers the intersectional nature of GBV—acknowledging the compounding effects of race, class, disability, sexuality, and migration status vulnerabilities and affects one’s experience with the legal system.
A comprehensive literature review reveals that while legal interventions are necessary, they are not sufficient on their own. Combating GBV demands a comprehensive strategy including legal reform, judicial training, public awareness, survivor support, and cultural shift. It also requires the integration of gender-sensitive practices within all levels of governance and law enforcement. Holistic legal framework should address violence through criminalization and survivor support, including legal aid, protection, medical care, and psychosocial assistance.
The methodology adopted in this study involves doctrinal legal analysis, comparative review, and qualitative case study examination. This enables a nuanced understanding of how laws function within various social and political contexts and allows for the identification of best practices and recurring challenges. The study draws from international treaties, national statutes,
court rulings, and secondary sources including NGO reports, academic studies, and survivor testimonies.
This research seeks to enhance ongoing initiatives to fortify legal frameworks against GBV; ensuring justice systems prioritize survivor-centered approaches, inclusivity, and effectiveness. By identifying policy-practice gaps and providing evidence-based recommendations, the study highlights law’s crucial role in promoting gender equality and safeguarding human rights.
RESEARCH METHODOLOGY
This study adopts a qualitative research approach to examine the effectiveness of legal protections against gender-based violence (GBV). A combination of doctrinal legal analysis, case studies, and comparative legal review has been employed to provide a comprehensive understanding of how different legal systems address GBV.
Doctrinal Legal Analysis:
Primary legal documents, including national legislation, international treaties, and court Relevant judgments were reviewed to analyze GBV-related laws. This included statutes such as domestic violence acts, criminal codes, and gender protection laws.
Comparative Legal Review:
The study compares legal frameworks and enforcement mechanisms from selected jurisdictions across different regions (e.g., North America, Sub-Saharan Africa, South Asia, and Europe) to highlight best practices and identify gaps in implementation.
Case Studies:
Specific case studies involving landmark GBV cases were analyzed to understand how legal protections operate in practice. These include judicial outcomes, protection orders, and the accessibility of support services for survivors.
Secondary Data and Literature Review:
Peer-reviewed journals, NGO reports, government publications, and UN agency documents were
consulted to gain insights into the lived experiences of survivors, challenges in legal enforcement, and recommendations for reform.
Limitations:
The research is limited by the availability of data in some regions, particularly where GBV is underreported or where access to legal proceedings is restricted. Additionally, the scope is limited to legal effectiveness and does not deeply explore psychological or socio cultural factors unless they intersect with legal outcomes.
REVIEW OF LITERATURE
Merry (2006), in Human Rights and Gender Violence, examines how international legal norms addressing gender-based violence (GBV) are adapted within local cultures. She argues that the effectiveness of laws depends not only on their content but on how they are interpreted and enforced within social systems.
The 2015 UN Women report, “Progress of the World’s Women,” offers a global snapshot of legal safeguards against GBV. It notes that while many countries have enacted laws, gaps in enforcement, funding, and institutional training hinder their effectiveness.
Heise, Ellsberg, and Gottemoeller (1999) argue that GBV is deeply embedded in gender hierarchies and social norms. Legal responses, while necessary, are insufficient on their own. They must be accompanied by prevention strategies, public education, and community support.
Garcia-Moreno et al. (2013), in a WHO multi-country study, highlight the widespread nature of intimate partner violence and the reluctance of survivors to seek legal help due to fear, stigma, and weak institutional support.
Freeman (2011) emphasizes that although human rights frameworks have recognized GBV as a violation of fundamental rights, actual enforcement remains patchy. The points to the need for legal reforms that are survivor-centered and adequately resourced implement anti-GBV laws.
CEDAW calls for stronger legal accountability, state monitoring mechanisms, and comprehensive services for survivors.
Battered Women and Feminist Lawmaking, critiques conventional legal approaches to GBV for emphasizing punishment rather than prevention or survivor support. She advocates for laws that are shaped by feminist principles and prioritize women’s lived experiences.
The UNODC (2020) Global Study on Homicide reveals alarming rates of femicide, even in countries with established GBV laws. It underscores the need for better protective measures, Preventive measures, including early warning systems and restraining orders.
Amnesty International (2019), in its report on Europe, finds that survivors continue to face systemic barriers such as police inaction, limited access to shelters, and social stigma— highlighting the gap between law and lived experience.
Stark (2007), in Coercive Control, introduces the idea that GBV is not only about physical violence but also psychological and economic abuse. He argues for legal recognition of coercive control as a critical step in providing comprehensive protections for survivors.
Dobash & Dobash (1979) – Violence Against Wives This pioneering study revealed how the legal system historically treated domestic violence as a private matter, limiting state intervention.
McQuigg (2011) – The Istanbul Convention, Domestic Violence and Human Rights Analyzes the legal impact of the Istanbul Convention and argues that it offers a strong international framework for combating domestic violence.
Walby & Towers (2017) – Measuring Violence to End Violence Emphasizes the need for consistent data collection to evaluate how well legal protections are reducing gender-based violence.
Fulu et al. (2013) – Why Do Some Men Use Violence? Based on multi-country research, this study shows how gender norms and impunity influence men’s violent behavior and the limits of law alone.
Sen (1999) – Development as Freedom Although not solely focused on GBV, Sen’s framework links women’s empowerment and legal agency as crucial to reducing gendered violence.
Charlesworth & Chinkin (2000) – The Boundaries of International Law Critiques how international law has historically marginalized women’s experiences, including GBV, and calls for feminist rethinking of legal boundaries.
Rajan (2000) – Women between Law and Custom Discusses how legal protections often conflict with customary practices, particularly in South Asia, weakening their enforcement.
Parsons & Winterbotham (2021) – Access to Justice for GBV Survivors Examines legal aid models and finds that survivors are more likely to seek justice when supported by legal literacy and community advocates.
Ellsberg et al. (2015) – Prevention of Violence against Women and Girls Reviews evidence that multi-sector legal and community approaches are more effective than standalone laws in preventing GBV.
Jewkes (2002) – Intimate Partner Violence: Causes and Prevention Identifies social drivers of IPV and discusses how legal reforms must be accompanied by interventions at the household and community level.
Bumiller’s 2008 work, “In an Abusive State,” critiques the criminal justice system’s handling of Gender-Based Violence (GBV) laws. Instead of empowering survivors, the system often co-opts feminist efforts to exert state control. This leads to disempowerment of survivors, with their needs overshadowed by state priorities. The original intent of feminist movements to protect and empower survivors is thus undermined, highlighting complexities in addressing GBV through the justice system.
Border Crossings and the Rights of Women Explores the limits of human rights law in protecting women from GBV in cross-cultural and transnational contexts.
Siddiqi (2011) – Sharia, Gender and the State Explores the interaction between religious legal systems and state law in cases of GBV, particularly in Muslim-majority countries.
Parkes (2008) – Globalization and Gender-Based Violence Analyzes how economic globalization and labor migration can increase women’s vulnerability to violence, calling for responsive legal frameworks.
Manjoo & McRaith (2015) – Report of the UN Special Reporters on Violence against Women Highlights global gaps in legal enforcement and urges states to adopt binding frameworks that prioritize survivor access to justice.
Okin (1998) – Is Multiculturalism Bad for Women? Critiques how legal systems may accommodate harmful cultural practices under the guise of multiculturalism, often at the expense of GBV protections.
Bond & Phillips (2001) – Law Reform and Women’s Rights in Southern Africa Explores how regional efforts in Southern Africa have led to legal reforms, but deeply rooted patriarchal norms slow real progress.
Sankaran (2014) – Criminalization of Marital Rape in India Advocates for the criminalization of marital rape, noting how legal exceptions in marriage law perpetuate impunity for GBV.
De Silva de Alwis (2008) – Customary Laws and Women’s Rights in a Changing World examines the tension between customary laws and women’s legal rights, especially in rural and indigenous communities.
Legal Action Worldwide (2020) – GBV in Conflict Zones In conflict and post-conflict settings, legal frameworks often fail to adequately protect women,
leaving them vulnerable to violence and exploitation. The lack of effective legal protection and accountability mechanisms exacerbates their suffering. To address this, there is a pressing need for stronger international legal accountability, ensuring those responsible for violations are held accountable and justice is served. This would provide a safer environment for women in these fragile situations.
METHOD
∙ Doctrinal Legal Analysis: Relevant national laws, international treaties, court decisions, were examined to understand the scope and intent of legal protections.
∙ Comparative Review: Legal frameworks and enforcement strategies from different countries were compared to assess the strengths and weaknesses in addressing GBV. ∙ Case Studies: Selected case studies involving GBV legal proceedings were analyzed to evaluate how laws are applied in practice and the challenges survivors face. ∙ Secondary Sources: Reports from human rights organizations, academic journals.
SUGGESTIONS
Strengthen Law Enforcement Training Police, prosecutors, and judges should receive specialized training on handling GBV cases with sensitivity, avoiding victim-blaming, and understanding the dynamics of abuse.
Establish Independent Oversight Bodies Independent institutions should monitor and evaluate how GBV laws are applied, including collecting reliable data and issuing public reports.
CONCLUSION
Gender-based violence remains a serious and persistent global challenge, deeply rooted in structural inequalities and harmful cultural norms. A framework to address GBV, the
effectiveness of these protections is often undermined by weak enforcement, lack of awareness, and systemic barriers within the justice system. This study has shown that legal measures, though essential, are not sufficient on their own. Meaningful progress requires a holistic approach that combines strong legal provisions with effective implementation, survivor-centered practices, public education, and community involvement. To truly combat GBV, laws must be enforced consistently, supported by adequate resources, and integrated with larger movements for advancing human rights and gender equality. Only through coordinated and sustained action can legal protections translate into real safety and justice for survivors.
CITATIONS
Charlesworth, H., & Chinkin, C. (2000). The boundaries of international law: A feminist analysis. Manchester University Press.
Heise, L. L., Ellsberg, M., & Gottemoeller, M. (1999). Ending violence against women. Population Reports, Series L, No. 11. Johns Hopkins University School of Public Health.
Human Rights Watch. (2012).
McQuigg, R. J. A. (2011). The Istanbul Convention, domestic violence and human rights. Routledge.
Sen, A. (1999). Development as freedom. Oxford University Press.
UN Women. (2015). Progress of the world’s women 2015-2016: Transforming economies, realizing rights.
RIYA MITTAL
BA LLB 2ND SEM
LLYOD LAW COLLEGE, GREATER NOIDA