ACCESS TO JUSTICE FOR SURVIVORS OF VIOLENCE AGAINST WOMEN: BARRIERS AND THE NIGERIAN CONTEXT & IDENTIFYING GAPS AND PATHWAYS.

Survivors of violence against women face a difficult journey towards justice, hindered by a complex web of legal, social, and institutional barriers. However, a growing movement is also forging innovative pathways to make justice more accessible and effective.

The Multifaceted Barriers to Justice

For many survivors in Nigeria, the path to justice is blocked by obstacles at every turn.

A Culture of Silence and Stigma

Deep-rooted socio-cultural norms often prioritise family reputation and traditional harmony over the survivor's well-being. Many communities regard violence against women, particularly within the home, as a private matter, shielding it from public scrutiny. This fosters a dangerous culture of silence, reinforced by the stigmatisation of survivors rather than the condemnation of perpetrators. Survivors are often afraid of not being believed or even being blamed for the violence they endured, which deters them from coming forward. This stigma is a powerful tool that silences survivors and emboldens perpetrators to act with impunity.

Inadequate Legal and Institutional Frameworks

Even when a survivor is brave enough to seek justice, the system itself often presents formidable barriers.

1. Outdated and Inconsistent Laws: The core criminal laws, the Criminal Code and Penal Code, are considered outdated. While the Violence Against Persons Prohibition (VAPP) Act 2015 is a significant step forward, its application is limited. As of 2021, only 16 of Nigeria's 36 states had fully domesticated this law, creating a patchwork of legal protection across the country.

2. Institutional Failures: Law enforcement agencies are often ill-equipped and poorly trained to handle cases of gender-based violence. Reports detail police officers dismissing survivors, asking humiliating questions, or blaming victims for their ordeal. Corruption also plays a role, with instances of perpetrators bribing police to avoid investigation. Furthermore, the justice process can be painfully slow, and survivors are often re-traumatised by having to repeatedly recount their experiences in court, sometimes in the presence of their abuser.

Economic and Practical Hurdles

Economic dependence is a significant factor that keeps women trapped in violent situations. Without their own income or assets, many survivors lack the financial means to leave an abuser or navigate the often costly legal process. On a practical level, the burden of proof heavily falls on the survivor, who may be required to provide physical evidence like clothing or undergo medical examinations immediately after the trauma, often without adequate support.

Pathways to Reform and Innovative Solutions

Addressing these deep-seated challenges requires a multi-pronged approach that combines legal reform, systemic innovation, and grassroots empowerment.

1. Legal Reform and Policy Implementation

The foundational step is to strengthen and harmonise the legal framework. There is an urgent need for nationwide domestication and effective implementation of the VAPP Act. This must be coupled with training for judges and law enforcement on trauma-informed practices to ensure that the justice process does not inflict further harm on survivors. Recent initiatives, such as the new prosecution and legal aid guidelines for children developed by the Federal Government and UNICEF, demonstrate a positive shift towards creating more child-sensitive and compassionate justice systems.

2. Leveraging Technology and Innovation

Technology offers promising tools to bridge the justice gap. Several states are piloting innovative solutions. In Ogun State, the Ibi Isadi ("a place of refuge") service provides a multi-channel support system for survivors, connecting them with help through community representatives at health centres and an online portal. Nationally, proposed tech solutions include AI-driven legal navigator apps to provide instant legal advice, online dispute resolution platforms, and comprehensive support apps that offer a one-stop shop for legal aid, counselling, and healthcare for survivors. These tools can demystify legal processes and provide accessible, private first steps for survivors.

3. Holistic Survivor Support and Economic Empowerment

Justice is not only about prosecuting perpetrators but also about restoring the survivor's well-being and autonomy. A holistic approach integrates legal aid with medical care, psychosocial counselling, and safe shelters. Crucially, economic empowerment programmes are key to breaking the cycle of violence. When a woman has her own source of income, she gains the agency to leave an abusive situation and rebuild her life. As one advocate powerfully stated, "Economic empowerment doesn’t just open doors, it breaks chains."

4. Changing Cultural Narratives and Community Engagement

Long-term change requires transforming the societal norms that permit violence against women. This involves public awareness campaigns to challenge harmful stereotypes and victim-blaming attitudes. Engaging with traditional and religious leaders is essential to reform practices and interpretations that undermine women's rights. Empowering communities through education about land rights and dispute resolution can also foster more informed and engaged citizens who are better equipped to seek justice.

In Nigeria, survivors of violence against women face a complex landscape marked by significant gaps in protection and justice. However, growing data and innovative local initiatives are also illuminating clear pathways for reform and building a more people-centred justice system.

Critical Gaps in the Justice System

The journey for a survivor seeking justice in Nigeria is often hindered by a combination of legal, institutional, and socio-cultural barriers.

1. Legal and Policy Shortcomings: A major challenge is the inconsistent implementation of key legislation. The Violence Against Persons Prohibition (VAPP) Act 2015 is a landmark federal law designed to eliminate violence, but its adoption across states is uneven, creating a patchwork of legal protection. Furthermore, laws are often not enough. As one legal practitioner noted, "Justice is not the law. The law is merely a tool that can lead to justice—or not." This highlights a critical gap between legislation on paper and justice in practice.

2. Institutional and Resource Barriers: Institutional responses are frequently inadequate. Law enforcement and the judiciary often lack the specialised training, resources, and funding to handle cases of gender-based violence (GBV) sensitively and effectively. Data shows that over 90% of Nigerians experience at least one legal problem in four years, with issues like domestic violence affecting millions who lack clear pathways to resolution. Barriers like cost, complexity, and distance often drive people to seek help from informal channels like family networks or traditional leaders, which may not always provide adequate relief or protection.

3. Socio-Cultural and Help-Seeking Challenges: Deeply rooted patriarchal norms often silence survivors and prioritise family reputation over their well-being. A recent study on help-seeking behaviour found that factors like religion, place of residence, level of education, and ethnicity significantly influence whether a young woman with experience of intimate partner violence will seek help. For instance, women with formal education were 35% less likely to seek help than those without, and regional disparities are pronounced, with those in the South-South region being 49% less likely to seek help than those in the South-West. This culture of silence is reinforced by stigmatisation and victim-blaming attitudes, which embolden perpetrators to act with impunity.

Pathways for Reform and Recommendations

Addressing these deep-seated challenges requires a multi-pronged approach that combines legal reinforcement, systemic innovation, and community engagement.

1. Strengthening Legal Frameworks and Institutional Capacity: There is an urgent need to ensure the nationwide domestication and effective implementation of the VAPP Act. Beyond enactment, this must be coupled with continuous, specialised training for judges, magistrates, and law enforcement officers on trauma-informed practices to ensure the justice process does not re-traumatise survivors. As seen in Lagos State, establishing specialised agencies like the Domestic and Sexual Violence Agency (DSVA), which provides a coordinated response from legal, social, and psychological professionals, is a model that should be expanded and replicated.

2. Promoting People-Centred and Innovative Justice Models: A shift towards people-centred justice is crucial. This involves embedding justice services within communities to make them more accessible. A powerful example is the Ibi Isadi justice hub in Ogun State, which is embedded in health centres, reframing justice as a local, community-based service. Other innovations include creating welcoming court environments for vulnerable populations and developing basic legal contracts in local languages to reduce disputes. Technology also offers promising tools, such as digital platforms for reporting, seeking legal advice, and accessing support services, though these must be developed with awareness of the digital divide and associated risks like online harassment.

3. Fostering Community Engagement and Changing Narratives: Long-term change requires transforming the societal norms that permit violence. This involves public awareness campaigns to challenge harmful stereotypes and victim-blaming attitudes. Engaging traditional and religious leaders is essential, as their platforms can be used to reinforce messages of nonviolence and respect for women. As Hafsat Muhammad Baba of the Global Initiative for Women and Children (GIWAC) emphasises, "Men must understand that strength is not in violence but in respect and partnership." Furthermore, supporting women-led grassroots organisations that provide safe spaces, advocacy, and mediation is critical for fostering local-level change and resilience.

4. Enhancing Support Systems and Data-Driven Action: A survivor's journey does not end with a legal case. A holistic approach that integrates legal aid with medical care, psychosocial counselling, and safe shelters is vital for healing and reintegration. Finally, as championed by organisations like HiiL, data-driven interventions are key. Collecting and utilising data on justice needs and satisfaction helps identify the most pressing problems and allocate resources effectively, ensuring that reforms are rooted in evidence of what actually works for people.

Conclusion

The challenge of ensuring access to justice for survivors of gender-based violence in Nigeria is daunting, yet not insurmountable. The barriers—cultural stigma, institutional weaknesses, and legal gaps—are significant. However, the pathways forward are clear: a committed drive for legal reform, the strategic adoption of technology-enabled solutions, the provision of holistic, survivor-centred support, and a sustained effort to shift deep-seated cultural narratives.

The work of government, civil society, and international partners in piloting new models provides a blueprint for a future where justice is not a distant ideal but a tangible reality for every woman and girl in Nigeria.