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