DOMESTIC VIOLENCE ACT, 2013

Extract from S. Nabaneh, “The impact of the African Charter and the Maputo Protocol in The Gambia,” in V. Ayeni (ed) The impact of the African Charter and Maputo Protocol in selected African States (Pretoria: Pretoria University Law Press, 2016), p.82.

The Domestic Violence Act is aimed at combating domestic violence and thus provides protection for the victims of domestic violence, particularly women and children and for other related matters. The Act contains a number of progressive and rights enhancing provisions. Domestic violence under section 3 is given a broad definition to include physical abuse as well as sexual and economic abuse, emotional, verbal and psychological abuse. Importantly, under section 4, the Act covers not just marriage but a whole range of intimate living conditions collectively termed as ‘domestic relationships’. Section 6 stipulates that the consent of the victim is not a defence to a charge of domestic violence. Even though the government has complied with the provisions of the Domestic Violence Act in Part II section 3 by establishing the Victims of Violence Advisory Committee, it has failed to comply with sections 4, 5, 6 and 7 of the same Act to ensure effective functioning of the committee.

Download the Domestic Violence Act, 2013.