Policy Brief: Addressing the Gaps in Nigerian Laws on Gender-Based Violence and Their Impact on Marginalised Women

Executive Summary

Gender-based violence (GBV) remains a pervasive issue in Nigeria, disproportionately affecting marginalised women, including LBQTI women, women with disabilities, women living with HIV, female sex workers, and women displaced by climate change and conflict.

Despite the enactment of laws such as the Violence Against Persons (Prohibition) Act, 2015 (VAPP) and state-level domestic violence laws, significant gaps in legislation and enforcement leave many women unprotected.

These legal deficiencies perpetuate cycles of violence, inequality, and exclusion for Nigeria’s most vulnerable women.This policy brief outlines the legal and systemic gaps in addressing GBV, highlights the specific impacts on marginalised groups, and proposes actionable recommendations to create inclusive, gender-responsive policies.

Background:

Gender-Based Violence in NigeriaGender-based violence in Nigeria takes many forms, including physical, sexual, emotional, and economic violence.

According to the 2018 Nigerian Demographic and Health Survey (NDHS), 30% of women aged 15-49 have experienced physical violence, and many incidents go unreported due to stigma, fear, and systemic barriers.

Marginalised women face compounded vulnerabilities due to intersectional discrimination.

Legal Gaps in Addressing GBV

1. Limited Geographic Coverage of the VAPP Act:

      The Violence Against Persons (Prohibition) Act (VAPP) was enacted in 2015 at the federal level but is only applicable in the Federal Capital Territory (FCT) 34 states have now domesticated the Act, but two states are yet to adopt it, leaving millions of women without legal protection against GBV in these areas.

      2. Exclusion of Marginalised Groups in Policy FrameworksNigerian laws often fail to recognise the unique experiences of LBQTI women, female sex workers, and women displaced by climate change or conflict, excluding them from targeted protection measures.

      3. Insufficient Legal Provisions for Intersectional DiscriminationThe legal framework does not adequately address intersectional discrimination, which disproportionately affects women living with HIV, women with disabilities, and other marginalised groups.

      4. Weak Enforcement MechanismsEven where laws exist, enforcement remains a challenge due to corruption, lack of funding, and insufficient training of law enforcement officers on GBV and human rights.

      5. Criminalisation of Consensual Same-Sex RelationshipsThe Same-Sex Marriage (Prohibition) Act, 2014 (SSMPA) indirectly increases the vulnerability of LBQTI women to GBV, as they are unable to seek legal redress for fear of persecution.

      Impact of GBV on Marginalised Women.

      1. LBQTI Women

      Face heightened risks of sexual violence, corrective rape, and assault due to stigma and criminalisation under the SSMPA.

      2. Women with Disabilities

      Experience higher rates of sexual violence, often from caregivers or family members, and lack access to inclusive legal services and shelters.

      3. Women Living with HIV

      Are stigmatised and targeted for violence, particularly in cases where their HIV status is disclosed without consent.

      4. Female Sex Workers

      Are disproportionately subjected to physical and sexual violence from clients, law enforcement, and community members, with little legal recourse due to the criminalisation of sex work.

      5. Women Displaced by Climate Change and Conflict

      In displacement settings, women face increased risks of GBV, including sexual violence and exploitation, with limited access to justice or protective services.

      Recommendations

      1. Domestication and Implementation of the VAPP Act NationwideEnsure all states adopt and implement the VAPP Act, with provisions tailored to address the needs of marginalised women. The two states that have yet to domesticate the VAPP Act should prioritise its adoption to ensure nationwide legal protection against GBV.

      2. Incorporate Intersectional Protections in GBV LawsAmend existing laws to explicitly protect marginalised groups, including LBQTI women, women with disabilities, and female sex workers, from GBV.

      3. Strengthen Enforcement and AccountabilityTrain law enforcement and judiciary officials on GBV laws and the rights of marginalised groups. Establish monitoring mechanisms to ensure accountability in GBV cases.

      4. Repeal Discriminatory LawsRepeal the Same-Sex Marriage (Prohibition) Act and decriminalise sex work to reduce stigma and provide legal recourse for victims of GBV in these communities.

      5. Increase Funding for GBV ServicesAllocate resources to provide inclusive shelters, counselling, legal aid, and healthcare services for survivors, particularly in rural and underserved areas.

      6. Targeted Programmes for Displaced WomenDevelop policies and programmes that address the unique vulnerabilities of women displaced by climate change and conflict, ensuring access to justice and protection in displacement camps.

      Conclusion

      The fight against GBV in Nigeria must prioritise inclusive and intersectional approaches that recognise the unique vulnerabilities of marginalised women. By addressing these gaps, Nigeria can take meaningful steps towards achieving gender equality and protecting the rights of all women.

      Lex Initiative remains committed to advocating for policies that ensure justice, dignity, and equality for every woman, regardless of their background or identity.

      Contact Information:

      Lex Initiative for Rights Advocacy and Development (LIRAD)

      Abuja, Nigeria

      Email: info@liradnigeria.org

      Phone: +234-814-242-7740

      A Call to Action: Commemorating the International Day for the Elimination of Violence Against Women and Girls”

      Statement by Augusta Yaakugh Esq., Founder and Executive Director, LIRAD

      Today, as the world observes the International Day for the Elimination of Violence Against Women and Girls, I join countless advocates, survivors, and allies in calling for bold action to end this pervasive crisis. Violence against women and girls is one of the most widespread human rights violations, impacting 1 in 3 women globally. For marginalised women, however, the risk is even greater, compounded by stigma, systemic inequality, and lack of access to justice.

      At LIRAD, we are committed to breaking the cycles of violence that have persisted for far too long, particularly for the most vulnerable among us. Women living with HIV, women with disabilities, women who use drugs, LBQTI women, and sex workers face not only physical and psychological violence but also structural and systemic barriers that reinforce their exclusion. These women are not only survivors but also leaders, advocates, and community builders whose voices deserve to be heard and amplified.

      The Legacy of Beijing +30

      This year’s theme, “Towards Beijing +30: UNiTE to End Violence Against Women and Girls,” reminds us of the commitments made nearly three decades ago at the Fourth World Conference on Women in Beijing. That conference was a turning point, setting forth a bold agenda to achieve gender equality and eliminate violence against women.

      Yet, as we approach the 30th anniversary of the Beijing Declaration and Platform for Action, we must confront the reality that these promises remain unfulfilled for many women. The progress made over the years, while significant, has not been inclusive enough to address the unique vulnerabilities of marginalised groups. The fight to end violence against women must be intersectional, addressing the overlapping factors that leave some women more vulnerable than others.

      Marginalised Women: At the Intersection of Vulnerability and Resilience

      Across Nigeria, West Africa, and the African continent, marginalised women face unique and intersecting challenges:

      Women living with HIV face violence rooted in stigma, discrimination, and blame, particularly in healthcare systems and intimate relationships.

      Women with disabilities are disproportionately affected by physical and sexual abuse, often at the hands of those tasked with their care.

      Women who use drugs and sex workers are criminalised and excluded from essential services, making them more vulnerable to exploitation and abuse.

      LBQTI women are subjected to hate crimes and systemic rejection, exacerbated by legal frameworks and cultural norms that deny their existence and dignity.

      These women are often silenced and excluded from the very systems designed to protect them. Yet, they continue to lead efforts within their communities, demonstrating resilience, courage, and hope.

      LIRAD’s Commitment to Action

      At LIRAD, we believe that violence against women is not just a women’s issue—it is a societal failure and a violation of human rights. Our mission is to challenge these failures and build systems that empower women, particularly those on the margins.

      To this end, we are pursuing a comprehensive strategy that includes:

      1. Advocating for Inclusive Policies: Strong laws and policies that address the specific needs of marginalised women, ensuring they are protected and their rights upheld.

      2. Challenging Harmful Norms: Working with communities to dismantle societal attitudes that perpetuate violence, stigma, and discrimination.

      3. Expanding Access to Services: Providing survivor-centred healthcare, psychosocial support, and legal aid tailored to the realities of marginalised women.

      4. Building Solidarity: Creating platforms where marginalised women can share their stories, lead advocacy efforts, and hold systems accountable.

      A Collective Responsibility

      Ending violence against women and girls requires the efforts of governments, civil society, and individuals alike. It demands that we listen to survivors, amplify their voices, and prioritise their needs in policy and action. As we reflect on this day, let us remember that real change comes from standing together, speaking out, and refusing to accept violence in any form.

      Looking Ahead

      This year, as we align with the 2024 United Nations UNiTE Campaign, I urge all stakeholders to recommit to the vision of Beijing. Let us turn promises into action and action into lasting impact. The world we want—a world where no woman or girl lives in fear of violence—is possible, but only if we work together to dismantle the systems that perpetuate inequality and harm.

      To every woman who has survived violence: we see you, we hear you, and we stand with you. To every ally and advocate: your voice is critical in this fight. And to every leader: now is the time to act decisively and inclusively.

      At LIRAD, we remain steadfast in our commitment to amplifying the voices of the most marginalised, breaking barriers, and building a future where every woman and girl feels safe, empowered, and heard.

      Together, we can UNiTE to end violence against women and girls—for good.

      Augusta Yaakugh Esq

      Founder and Executive Director, LIRAD