Regulation of domestic violence: a global perspective – BMC Public Health

Global Progress on Domestic Violence Legislation: An SDG-Focused Analysis

Introduction: Aligning Legal Frameworks with SDG 5 and SDG 16

• This report analyzes the evolution of legal responses to Domestic Violence (DV) globally from 1983 to 2024.
• The analysis is framed within the context of the Sustainable Development Goals, particularly SDG 5 (Gender Equality) and SDG 16 (Peace, Justice, and Strong Institutions).
• It examines the growth in the adoption of DV laws, the types of legislation enacted, and the intensity of legal frameworks, assessing their correlation with the prevalence of Intimate Partner Violence (IPV).

Evolution of Legal Responses to Domestic Violence (1983-2024)

International Norms as Catalysts for Achieving SDG 5

• The global adoption of laws addressing DV has increased from virtually zero in the early 1980s to over 80% by 2024. This legislative action is a primary indicator for achieving SDG Target 5.2, which aims to eliminate all forms of violence against women and girls.
• This progress is significantly linked to the development of an international normative consensus, spurred by key United Nations milestones:
  1. 1992 UN CEDAW General Recommendation 19: This was the first international instrument to define gender-based violence (GBV) within a human rights framework, addressing violence in the home.
  2. 1993 UN Declaration on the Elimination of Violence against Women: This declaration outlined specific actions for states to undertake, effectively necessitating specialized legislation.
  3. 1995 UN World Conference on Women in Beijing: The resulting Platform of Action identified Violence Against Women and Girls (VAWG) as one of 12 critical areas of concern, creating the “Beijing effect” that accelerated legal reforms worldwide.

Trends in Legislative Adoption and Specialization

• A marked acceleration in the adoption of specific DV laws began around 1995. By 2024, over 40% of countries had enacted such specialized legislation.
• A clear trend shows countries moving away from relying solely on general criminal code provisions and toward more targeted legal instruments. These include:
  • Specific DV laws
  • Family violence laws
  • Comprehensive GBV laws
• This legislative specialization indicates a more sophisticated approach to tackling DV, contributing to the development of strong and just institutions as called for in SDG 16.

Increasing Legislative Intensity for Comprehensive Protection

• Analysis reveals a growing trend toward greater legislative intensity, where countries enact multiple legal instruments to address DV.
• While most nations began with a single law, a distinct increase in the share of countries with two, and to a lesser extent three, relevant laws is observable from 2010 onward.
• This movement towards a multi-law approach suggests a widening recognition of the multifaceted nature of DV, necessitating a comprehensive legal response that spans various domains to ensure access to justice for all, in line with SDG Target 16.3.

Disparities in Legal Adoption: An SDG 10 Perspective

Economic Development and Legislative Capacity

• A strong correlation exists between a nation’s economic development and its adoption of DV legislation, highlighting inequalities that challenge the ambitions of SDG 10 (Reduced Inequalities).
• High-income countries were the earliest and most comprehensive adopters, achieving nearly 100% coverage by the late 2000s.
• Conversely, low-income countries lag significantly, with just under 60% having adopted relevant laws by 2024. This disparity suggests that greater fiscal capacity and stronger rule-of-law institutions facilitate the adoption of progressive legislation.

Regional and Legal System Disparities

• Significant regional variations in the pace of legal reform persist:
  1. Latin America and the Caribbean: Led the early adoption wave, reaching over 80% coverage by 2005.
  2. Europe, Central Asia, and South Asia: Experienced steep adoption curves after 2005.
  3. Middle East & North Africa (MENA) and Sub-Saharan Africa: Progress has been slower, with fewer than 60% of MENA countries enacting laws by 2024, partly due to the complexities of legal pluralism.
• A country’s legal origin also impacts adoption timelines. Nations with German, Scandinavian, and English Common Law systems were generally early adopters, while those with French Commercial or Socialist legal origins showed slower uptake.

Impact of Legislation on IPV Prevalence: Measuring Progress Towards SDG 3 and SDG 5

Correlation Between Legal Frameworks and Reduced Violence

• Data confirms a significant negative correlation between the existence of DV legislation and the prevalence of IPV. This finding directly relates to progress on SDG Target 5.2 and contributes to SDG 3 (Good Health and Well-being) by reducing a major public health issue.
• Countries without DV legislation often report higher IPV rates (e.g., Iraq at 45.3%) compared to countries with such laws (e.g., Singapore and Switzerland at 2%).
• Statistical analysis indicates that the presence of DV legislation is associated with a 2.72 percentage point reduction in the rate of IPV.

Effectiveness of Different Legal Approaches

• The type and intensity of legislation matter in addressing IPV.
  • DV-Specific Laws: Demonstrate the strongest negative association with IPV, linked to a 1.99 percentage point reduction in prevalence.
  • Criminal Code Provisions: Also show a negative correlation, but their effectiveness appears more conditional on broader institutional factors.
  • Family Violence Laws: Display the weakest correlation among the types studied.
• Legislative intensity is also a critical factor. Each additional law a country enacts is associated with a 1.47 percentage point lower IPV prevalence, indicating that a comprehensive, multi-pronged legal strategy is more effective in advancing the goals of SDG 5.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article primarily addresses issues related to two Sustainable Development Goals:

• SDG 5: Gender Equality
  
  This goal is central to the article, which focuses on Domestic Violence (DV), Violence Against Women and Girls (VAWG), and Intimate Partner Violence (IPV). The text analyzes the global adoption of laws specifically designed to protect women and girls from violence, a key component of achieving gender equality. The article’s introduction links the evolution of DV laws to “key international events on VAWG,” directly aligning with the objectives of SDG 5.
• SDG 16: Peace, Justice and Strong Institutions
  
  This goal is addressed through the article’s in-depth analysis of legal frameworks and institutional responses to domestic violence. The entire study is about the “evolution of legal responses to DV globally,” examining the presence, type, and intensity of legislation. This connects directly to building effective, accountable, and inclusive institutions at all levels and promoting the rule of law, which are core tenets of SDG 16. The article explores how “stronger rule-of-law institutions” in higher-income countries may lead to earlier adoption of progressive legislation.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the article’s focus, the following specific SDG targets can be identified:

1. Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres.
   
   The article is entirely focused on this target. It examines legal measures against Domestic Violence (DV) and Intimate Partner Violence (IPV), which are primary forms of violence against women in the private sphere. The section “DV laws and IPV prevalence” explicitly analyzes the correlation between the presence of DV legislation and the prevalence of IPV, directly addressing the effort to eliminate this violence.
2. Target 5.c: Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.
   
   The article’s core analysis is a direct evaluation of this target’s implementation. It tracks the “share of countries adopting laws addressing DV” from 1983 to 2024 (Figure 1), analyzes the different types of laws enacted (Figure 2), and measures the “intensity of DV legislation” (Figure 3). This provides a comprehensive overview of how countries are adopting and strengthening legislation to combat gender-based violence.
3. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   
   While the article focuses on violence against women, IPV is a major component of overall violence rates in many societies. The analysis showing that “the presence of legislation is associated with a 2.72 percentage points reduction in the rate of IPV” (Table 1) demonstrates a direct link between legal frameworks and the reduction of violence, contributing to this target.
4. Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.
   
   Laws against domestic violence are fundamentally non-discriminatory policies aimed at protecting a vulnerable group and ensuring equal protection under the law. The article’s examination of the global diffusion of these laws (Figure 6) and their varying prevalence by region and income level is an analysis of the promotion and adoption of such non-discriminatory legal frameworks.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article explicitly and implicitly refers to indicators used to measure progress:

• Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months.
  
  This indicator is explicitly used in the article. The caption for Figure 7 directly references the data source as the “share of ever-partnered women and girls aged 15-49 years subjected to physical and/or sexual violence by a current or former intimate partner in the previous 12 months, 2018.” The entire final section of the article uses this IPV prevalence data to assess the impact of DV laws.
• Indicator related to Target 5.c (specifically, the existence of legal frameworks):
  
  The official indicator 5.c.1 measures the proportion of countries with systems to track and allocate funds for gender equality. However, a core component of this target is the existence of legal frameworks. The article’s primary dataset, which measures the “Share of countries adopting laws addressing DV” (Figures 1, 2, 4, 6), serves as a direct measure of this component. The analysis of the number and type of laws provides a detailed metric for the existence and strength of “enforceable legislation” against gender-based violence.
• Indicator related to Target 16.1 (specifically, prevalence of violence):
  
  The official indicator 16.1.3 measures the “Proportion of population subjected to (a) physical violence, (b) psychological violence and (c) sexual violence in the previous 12 months.” The IPV data used throughout the article (e.g., in Figure 7 and Tables 1, 2, 3) is a specific and significant subset of this broader indicator, providing a measure of physical and sexual violence within intimate partnerships.

4. Summary Table of SDGs, Targets, and Indicators

Source: bmcpublichealth.biomedcentral.com