INTERNATIONAL HUMAN RIGHTS INSTRUMENTS AND THEIR INFLUENCE ON NATIONAL DOMESTIC VIOLENCE LAWS
Sr No:
Page No:
35-46
Language:
English
Authors:
Dr. John Motsamai Modise*
Received:
2025-07-21
Accepted:
2025-10-30
Published Date:
2025-11-09
Abstract:
Domestic violence remains a pervasive social and human rights challenge in South Africa, undermining the safety, dignity,
and well-being of survivors, particularly women. This study examines the influence of international human rights instruments, such as
CEDAW, DEVAW, and the Maputo Protocol, on the development, implementation, and effectiveness of national domestic violence
laws. The problem statement highlights persistent gaps in enforcement, socio-cultural barriers, and inconsistencies between domestic
legislation and international standards, which limit the protection of victims. The study adopts a systematic qualitative methodological
approach, combining document analysis of international and national legal instruments, literature review, and case studies to explore
normative alignment, legislative domestication, enforcement challenges, and stakeholder engagement. Key findings indicate that
international instruments provide essential normative guidance for domestic law reform but that effective enforcement is constrained
by institutional weaknesses, socio-cultural norms, and resource limitations. Multi-sectoral collaboration among government, law
enforcement, civil society, communities, religious organizations, the private sector, and diaspora actors emerges as a critical strategy
for enhancing the protection of survivors. In conclusion, the study demonstrates that aligning domestic violence legislation with
international human rights standards requires not only legal reform but also institutional capacity building, community engagement,
and continuous monitoring. The findings provide actionable recommendations for policymakers, practitioners, and stakeholders,
aiming to create safer communities, strengthen survivor protection, and advance gender equality in South Africa.
Keywords:
Domestic Violence, International Human Rights Instruments, CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), DEVAW (Declaration on the Elimination of Violence Against Women), Maputo Protocol, Legislation and Policy Reform, Law Enforcement, Survivor Protection, Gender-Based Violence, Socio-Cultural Norms.