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In cases of domestic violence, many jurisdictions have specific laws and procedures in place to

protect victims, such as restraining orders or protective orders that prohibit the abuser from
contacting or approaching the victim. These legal mechanisms aim to provide immediate
protection to women at risk of harm and hold perpetrators accountable for their actions.

The law plays a crucial role in responding to violence against women by providing a framework
for holding perpetrators accountable, protecting victims, and preventing future incidents. The law
responds to violence against women through a combination of criminal laws, civil laws, and
policies aimed at preventing and addressing such violence. The followings are different views
Various scholars have analyzed how the law responds to violence against women from
different perspectives, including feminist legal theory, critical legal studies, and human
rights frameworks. Here are some key insights from different scholars on this issue:-

Feminist legal scholars. They argue that the law has historically failed to adequately
address violence against women due to patriarchal biases and systemic discrimination.
They highlight how legal systems have often perpetuated gender-based violence by failing
to hold perpetrators accountable and by placing the burden on victims to prove their
experiences. Feminist legal theorists advocate for legal reforms that prioritize the safety
and well-being of women, including strengthening laws against domestic violence, sexual
assault, and other forms of gender-based violence. They emphasize the importance of
survivor-centered approaches that prioritize the needs and experiences of victims.
- Feminist legal scholars also critique the criminal justice system for its reliance on
punitive measures and call for more holistic responses to violence against women that
address root causes, provide support services for survivors, and challenge harmful gender
norms and stereotype.

Critical legal studies. Scholars within the critical legal studies movement analyze how
legal systems reflect and reinforce power dynamics in society, including those related to
gender-based violence. They critique the law for its role in maintaining oppressive
structures and call for transformative change to address systemic inequalities.

Critical legal scholars. highlight how legal doctrines and institutions may perpetuate
violence against women by prioritizing formal rules over substantive justice, reinforcing
hierarchies of power, and marginalizing the voices of marginalized communities. They
advocate for a more critical and intersectional approach to understanding violence against
women within the legal system, one that takes into account the complex ways in which
gender intersects with other forms of oppression, such as race, class, sexuality, and
disability.

Human rights frameworks. Scholars working within human rights frameworks analyze
how international human rights norms and standards can be used to address violence
against women at the national and global levels. They emphasize the importance of
recognizing violence against women as a human rights violation that requires a
coordinated and comprehensive response.

Human rights scholars. They critique states for their failure to uphold their obligations
to prevent, investigate, and punish violence against women, as required by international
human rights treaties. They call for stronger accountability mechanisms and monitoring
systems to ensure that states fulfill their obligations to protect women's rights. Human
rights frameworks also highlight the importance of survivor-centered approaches that
prioritize the dignity, autonomy, and agency of women who have experienced violence.
They emphasize the need for legal systems to provide access to justice, reparations, and
support services for survivors in a way that respects their human rights.

Overall, scholars from different theoretical perspectives offer valuable insights into how
the law responds to violence against women and how legal systems can be reformed to
better protect and empower women. By drawing on feminist legal theory, critical legal
studies, and human rights frameworks, we can work towards a more just and equitable
legal response to gender-based violence.
REFERENCES:

1. The united nations declaration on the elimination of violence against women.


2. United Nations Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW).
3. United Republic of Tanzania constitution 1977.
4. Zanzibar constitution 1984.

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