Domestic violence : from a private issue to a public matter

Abstract

This dissertation aims to examine whether domestic violence is viewed as a public matter rather than a private matter. This is done by analysing the situation prior to legal regulation to understand why there was a need for the view of domestic violence to shift from a private issue to a public matter. This includes acknowledging the short-term and long-term effects of domestic violences, and more importantly, who could be affected- whether it only effects the private individual, or also the community at large. In discerning why domestic violence is a social construct, developments of values, principles and perspectives upheld by society over time have contributed to a broadening definition of domestic violence. The changing definition of the concept of a ‘family’ has also influenced this. These developments are also reflected in legislative developments, as laws dealing exclusively with domestic violence are comparatively analysed. This study will examine the three organs of state- the legislative, the executive and the judiciary, to determine whether within such spheres, this shift has been undertaken; and if so, whether steps in advancement of such shift have happened at equal rates within each respective sphere. Furthermore, this study delves into the way the public may become aware of the reality of domestic violence, related laws and services provided. While pointing out certain improvements that have already taken place and providing further recommendations, it was concluded that not enough has been done to implement the law which seems to point towards the ‘public view’ of domestic violence. The State’s accountability for not fulfilling its positive obligations is highlighted through analysis of jurisprudence.