Authored By: Dina Girmay
Addis Ababa University
Abstract
As domestic violence remains a widespread global occurrence, which impact millions of peoplethis article evaluate the global legal response to domestic violence against women fromtheperspective of international human rights instruments including the Convention ontheElimination of All Forms of Discrimination Against Women (CEDAW), the Maputo Protocol, and Sustainable Development Goal 5. while domestic violence affect millions of peoplesworldwide, and disproportionately affecting millions of women globally, the articleusesEthiopia as a case study to examine how international obligations are transposed and enactedat anational level. By examining Ethiopia’s legal framework, institutional mechanisms, andgapsinenforcement, the article reveals overlapping challenges faced by many states in translatinglegal commitments into effective protection. The article concludes by offering pragmatic legal andpolicy recommendations to help for bridging the gap between international standards andnational realities.
Introduction
The United Nations has define violence against women as “any act of gender-based violencethat results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, 2 including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurringin1 public or in private life.”
While any individual can be a victim of domestic violence, regardless of age, race, gender, sexual orientation, religious beliefs, or class, it disproportionately affect women. Thoughitsincidence is pervasive, domestic violence remains unseen and masked by social stigma, customary practices, and the inaction of the law. In most developing countries, lowlevelsofpublic awareness and poor laws further exacerbate the situation.
As a response to this global crisis, humanity has established a robust systemto protect womenfrom violence. Treaties such as the Convention on the Elimination of All Forms ofDiscrimination Against Women (CEDAW), the Maputo Protocol, and the 2030 Agenda’sSustainable Development Goal 5 are binding states morally and legally to put an end to domesticviolence, provide safety to the victims, and hold perpetrators accountable. This article investigates to what degree these international commitments are realized at thestatelevel through the case of Ethiopia. It outlines the Ethiopian legal framework, analyzes itsadherence to international best practice, and addresses practical enforcement and accesstojustice challenges. The article does this in an effort to highlight common challenges that confront states globally.
The paper structured into four general sections. The initial section provides backgroundoninternational and regional legal standards and total domestic violence statistics. The secondcritically discusses the body made up of Ethiopia’s policies and laws and international commitment-national application disparities. The third section goes into the discussionsectiondiscusses the global implications and offers comparative analysis. Finally, the conclusionoffersan overview of main findings and proposes areas for reform.
Background
Understanding domestic violence
Domestic violence is a widespread human rights violation that transcends national boundaries, cultures, and social classes. The United Nations define domestic violence as physical, sexual, psychological, or economic harm occurring within intimate or family relationships, domesticviolence remains one of the most persistent forms of gender-based violence globally. Whileboth men and women can be victims, most often (but not always) the persons who abuse aremen. Most often (but not always) the victims of abuse are women or children.2 1.2. Global prevalence and impact Domestic violence remains a global crisis with alarming rates of prevalence andsevereconsequences. Globally, around 1 in 5 adolescent girls have experienced physical and/or sexual partner violence in the past year.3 According to estimates published by WHO indicate that about 1 in 3 (30%) of women worldwide have been subjected to either physical and/or sexual intimatepartner violence or non-partner sexual violence in their lifetime, with most of this violenceoccurring within intimate relationships. Worldwide, almost one third (27%) of women aged15-49 years who have been in a relationship report that they have been subjected to some formofphysical and/or sexual violence by their intimate partner. 4
Tragically an estimated data shows that 140 women and girls die every day at the hands of theirpartner or a close relative, which means one woman or girl is killed every 10 minutes.5 Despite these alarming statistics, domestic violence remains significantly under reportedduetofactors such as fear, stigma, social pressure, and limited access to legal or support services. Thisrealities undersore the urgent need for stronger laws, public awareness, and institutional accountability at both the national and international levels.
International legal framework
Over the past few decades, the international community has increasingly recognized domesticviolence as a serious human rights violation. Multiple key international and regional instrumentsestablish the legal foundations for states to prevent, address, and eliminate violence against women, including domestic violence. These frameworks impose binding and non-bindingobligations for states to act with due diligence in protecting victims, prosecuting offenders, andpreventing recurrence.
CEDAW, the Convention on the Elimination of All Forms of Discrimination Against Women, addresses domestic violence by recognizing it as a form of discrimination and requiring statesto take action to prevent, protect against, and prosecute such violence. General RecommendationNo. 19 clarifies that gender-based violence, including domestic violence, is a formofdiscrimination that violates women’s rights.6
In General Recommendation No. 35 (2017), the Committee further emphasized the duty of statesto take all appropriate measures to prevent gender-based violence, protect victims, and prosecuteoffenders. It reaffirmed that failing to act constitutes a human rights violation.7 Sustainable Development Goals (SDGs), The United Nations 2030 Agenda for SustainableDevelopment includes Goal 5: Achieve gender equality and empower all women andgirls. Specifically, Target 5.2 aims to eliminate all forms of violence against women and girls inpublicand private spheres, including trafficking, sexual and other types of exploitation. Other. The inclusion of domestic violence in the SDGs reflects a global consensus that eliminating gender-based violence is essential for achieving sustainable development, peace, andhuman dignity.
There are also other instruments which is The UN Declaration on the Elimination of ViolenceAgainst Women (1993) ( while non-binding, it lays the groundwork for international norms). And the Istanbul Convention (Council of Europe, 2011) (not ratified by Ethiopia, but it is themost comprehensive legally binding instrument on violence against women and domesticviolence in the world.
These instruments collectively shape the global legal response to domestic violence, placingclear obligations on states to act. While many countries, including Ethiopia, have ratifiedsomeor all of these treaties, the effectiveness of implementation varies widely and is often hinderedbydomestic legal gaps, social stigma, and institutional barriers.
Main Body: Legal Frameworks, Enforcement, and Challenges in Addressing DomesticViolence
Ethiopia’s Legal and Policy Framework on Domestic Violence Ethiopia does not yet have a standalone domestic violence law, but the issue is addressedundervarious codes:
The Criminal Code of Ethiopia (Proclamation No. 414/2004):8
Article 564: Bodily harm by family members
Articles 555–560: General provisions on bodily injury and assault
Article 620: Rape
Article 635: Sexual outrages without consent
Article 558: Harm to pregnant women
The FDRE Constitution (1995):9
Article 35: Women’s right to protection against violence
Article 25: Right to equality before the law
Example: In theory, Article 564 criminalizes family violence. However, the lawlacks a clear, comprehensive definition of domestic violence (physical, psychological, sexual, and economic). This legal vagueness limits enforcement and victim protection.
Institutional measures and national strategies
Ethiopia has adopted a number of institutional strategies to address gender-based violence:
- The National Strategy and Action Plan on Harmful Traditional Practices (HTPs) against Women and Children (2013)
- The Ministry of Women and Social Affairs and its predecessor, the Ministry of Women, Children, and Youth Affairs
- The Ethiopian Women Lawyers Association (EWLA)
As stated by Zenebu Tadese W-Thadiq, former Minister of Women, Children and YouthAffairs: In recognition of the need for a comprehensive strategic framework for addressing the preventionand abandonment of these practice, the ministry of Women, Children and Youth Affairs hastherefore, embarked upon the formulation of this National Strategy on Harmful Traditional Practices, with a vision to see a society free from all forms of all these practices, inwhich women and children enjoy their human rights, and full economic and social opportunitieswithout compromising their life choices.10
Gaps Between International Commitments and National Implementation
Enforcement challenge
Enforcing domestic violence laws presents several challenges for law enforcement. Theseinclude the sensitive nature of the crime, under-reporting, the need for specialized training, andthe potential for repeat offenses. Effective enforcement requires a comprehensive approachthat includes victim support, perpetrator accountability, and inter-agency cooperation. Despite these laws, violence against women and girls continues to be a public health and human rights concern in the country.14 According to the 2016 Ethiopian Demographic andHealth Survey, 23% of women aged 15-49 have experienced physical violence, and 10%have suffered sexual violence, including 7% who reported that they had experienced sexual violence during the preceding year.15
Police and scholars agree that the true extent of GBV is unknown because many attacks ongirls and women are never reported. Reasons include fear of the attacker, fear of a negative response by others, or the belief that the authorities won’t take the case seriously.16
Discussion
Key finding and patterns
Despite international commitments and Ethiopia’s ongoing efforts, domestic violence continuesto affect a significant portion of the population. The analysis shows that while legal provisionsexist, they are fragmented, narrow in scope, and insufficiently enforced.
- The absence of a standalone domestic violence law means the legal systemfails toaddresspsychological, emotional, and economic abuse.
- Enforcement agencies, including police and courts, often treat domestic violence as a privateor family matter, discouraging survivors from seeking justice.
- Cultural beliefs and patriarchal norms frequently override legal standards, leadingtoreconciliation pressure, victim-blaming, or impunity for perpetrators.
These issues are not unique to Ethiopia. They mirror global challenges faced in many developingcountries — where customary practices, limited resources, and social stigma weakenthepractical enforcement of human rights protections.
Implications for Legal Reform and Human Rights
Domestic violence is not merely a matter of law; it is a human rights violation that demeanswomen’s equality, dignity, and access to justice. Failure to prevent and punish domestic violence is a violation of a state’s due diligence duty under CEDAW General RecommendationNo. 35and the Maputo Protocol.
The principal implications are:
Legislative changes must transcend isolated penal code sections to codified lawthat defines, criminalizes, and punishes all forms of domestic violence.
Comprehensive systems of support, including shelters, trauma-informed services, and legal aid, must be offered.
States must invest in police, judge, and prosecutor training to handle domestic violence casessensitively and quickly.
Moreover, global models must be localized. One size does not fit all, but inaction under theguiseof culture must not be accepted as a licence to violence.
Recommendations and Global Lessons
“Violence against women and girls is not inevitable—it is preventable. We require goodlegislation, improved data collection, stronger government responsibility, zero-tolerance culture, and additional resources for women’s rights organizations and institutional players.” [ UNWomen Executive Director, Sima Bahous. ]
To move forward, Ethiopia and other similar countries should implement the followingrecommendations:
- Enact a stand-alone domestic violence act that covers all forms of abuse, includingeconomic and psychological violence, and includes protection orders and victimservices. ● Increase funding and institutional support to law enforcement agencies and survivor carecenters.
- Heighten public awareness campaigns to overcome cultural norms that accept or tolerateviolence.
- Enhance cooperation with civil society organizations, such as EWLA, already activeinthis field.
- Put in place clear monitoring systems to make sure application of legislation is inlinewith international requirements.
- Promote international cooperation towards training, capacity-building, and the exchangeof best practices.
Nationally, Tunisia, Rwanda, and India have made legislative progress towards universal domestic violence legislation. These can provide comparative analysis for the reformprocessinEthiopia.
Conclusion
Domestic violence remains among the most widespread and under-addressed humanrightsviolations globally. This is even though international legal instruments, such as CEDAW, theMaputo Protocol, and the Sustainable Development Goals, exist. Most states, including Ethiopia, still lack women’s protection against violence today.
This article has proven that while Ethiopia has provisions on violence constitutionallyandcriminally, it lacks an independent and holistic legal framework that fully understands themultidimensional nature of domestic violence. There exist weak enforcement, cultural barriers, and poor institutional capacity in practice that still hinder proper protection and justice for thevictims.
The gap between international promises and national action is symptomatic of a broader global fight — one which is in need of political will and also of community transformation. Lawreformhas to be complemented by efforts towards changing the culture within society, empoweringsurvivors, and institution-building.
Finally, as an issue of law is not enough, combating domestic violence is also an issueofmorality. States ought to act decisively to safeguard the rights and the dignity of women, sothat no home is a prison, and justice is not a privilege, but a promise.
Reference(S):
Primary Sources
Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No 414/2004(entered into force 9 May 2005)
Constitution of the Federal Democratic Republic of Ethiopia (adopted 8 December 1994, enteredinto force 21 August 1995)
CEDAW, General Recommendation No 19: Violence against Women (1992) UNDoc A/47/38
CEDAW, General Recommendation No 35 on Gender-Based Violence AgainstWomen, Updating General Recommendation No 19 (26 July 2017) UNDocCEDAW/C/GC/35
United Nations, Declaration on the Elimination of Violence against Women(A/RES/48/104, 20 December 1993)
UN Women and UNODC, Femicides in 2023: Global Estimates of IntimatePartner/Family Member Femicides (25 November 2024) Federal Democratic Republic of Ethiopia Ministry of Women, Children and Youth Affairs, National Strategy and Action Plan on Harmful Traditional Practices againstWomen and Children in Ethiopia (2013)
Secondary Sources
UNICEF, Global Databases 2025, based on Multiple Indicator Cluster Surveys(MICS), Demographic and Health Surveys (DHS), and other national surveys(2015–2024)
World Health Organization, Violence Against Women: Key Facts (25 March 2024) Ethiopian Women Lawyers Association (EWLA), Annual Report 2024 (or most relevantpublication)
Journal Articles
Anne Okello and Mulu Teka, ‘Afrobarometer Dispatch No. 861: Violence against WomeninEthiopia’ (Afrobarometer, 23 September 2024)
Thomas Palermo, Jeni Bleck and Anna Peterman, ‘Tip of the Iceberg: Reporting and Gender-Based Violence in Developing Countries’ (2014) American Journal of Epidemiology179(5) 602–612
Websites
People’s Law Library of Maryland, ‘Understanding Domestic Violence’ (13 February2024)https://www.peoples-law.org accessed 2 July 2025 Womankind Worldwide, Understanding Domestic Violence in Ethiopia(https://www.womankind.org.uk/issworld/) accessed 2 July 2025
1 United Nations. Declaration on the elimination of violence against women. New York : UN, 1993.
2 People’s Law Library of Maryland, ‘Understanding Domestic Violence’ (13 February 2024) https://www.peoples-law.org accessed 2 July 2025
3 UNICEF global databases, 2025, based on Multiple Indicator Cluster Surveys (MICS), Demographic and HealthSurveys (DHS) and other national surveys, 2015─2024.
4 World Health Organization, Violence Against Women: Key Facts (25 March 2024) 5 UN Women and UNODC, Femicides in 2023: Global Estimates of Intimate Partner/Family Member Femicides (25November 2024)
6 CEDAW, General Recommendation No 19: Violence against Women (1992) UN Doc A/47/38
7 CEDAW, General Recommendation No 35 on Gender-Based Violence Against Women, Updating General Recommendation No 19 (26 July 2017) UN Doc CEDAW/C/GC/35
8 Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No 414/2004(entered into force 9 May 2005)
9 Constitution of the Federal Democratic Republic of Ethiopia (adopted 8 December 1994, entered into force 21 August 1995)
10 Federal Democratic Republic of Ethiopia Ministry of Women, Children and Youth Affairs, National Strategy andAction Plan on Harmful Traditional Practices against Women and Children in Ethiopia (2013) 11
11According to the report by Ethiopian Woman lawyer Association 72%of woman in Ethiopiahas experienced domestic violence in the past 12 months.
12 The Ethiopian Women LawyersAssociation (EWLA) actively works to combat domestic violence in Ethiopia by providinglegal aid, support, and advocacy for women who are victims of gender-based violence. They offer freelegal services, including advice and representation, and work towards strengtheninglegal frameworks to protect women’s rights. EWLA also advocates for policy changes andraisesawareness about the issue to address the root causes of domestic violence.13
13 Womankind Worldwide, Understanding Domestic Violence in Ethiopia (https://www.womankind.org.uk/issworld/) accessed 2 July 2025 13 Ethiopian Women Lawyers Association (EWLA), Annual Report 2024 (if you have a specific report, otherwise just cite as an organization)
14 Anne Okello and Mulu Teka, ‘Ethiopians Condemn Violence Against Women but Consider Domestic Violence aPrivate Matter’ (Afrobarometer Dispatch No 861, 23 September 2024) https://www.afrobarometer.org/publication/ad861-ethiopians-condemn-violence-against-women-but-consider- domestic-violence-a-private-matter accessed 11 July 2025
15 Anne Okello and Mulu Teka, ‘Afrobarometer Dispatch No. 861: Violence against Women in Ethiopia’ (Afrobarometer, 23 September 2024) https://afrobarometer.org/publications/dispatch-no-861-violence-against- women-ethiopia accessed 8 July 2025
16 Thomas Palermo, Jeni Bleck and Anna Peterman, ‘Tip of the Iceberg: Reporting and Gender-Based Violence inDeveloping Countries’ (2014) American Journal of Epidemiology 179(5) 602–612
