AN APPRAISAL OF THE LEGAL OBLIGATIONS VESTED TO TANZANIA AND THE LEGAL CHALLENGES FACING THE PROHIBITION OF GENDER-BASED VIOLENCE IN TANZANIA
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Abstract
This research paper critically analyses on the legal obligations vested to Tanzania and the legal challenges facing the prohibition of gender-based violence in Tanzania. The study makes the analysis on the legal obligations vested to Tanzania as one of the signatories of the international human rights instruments with regards to prohibition of gender-based violence in Tanzania. And in recognizes its obligations Tanzania has enacted different laws, policies and strategies and the most recent being the incorporation of the Sexual Offences Special Provisions Act of 1998 into the Penal Code of Tanzaniawhilst inviting the rules under the Law of Marriage Act which prohibits domestic violence against partners in marriage. However, despite the presence of these laws and policies, gender-based violence has been increasing and ineffective laws have played a major role in this. Whereas the National Gender Policy has been in place since 1997, it is difficult to assess the impact it has had. Since its inception, the policy has not been supported by an implementation framework with attendant resources. Thus the study examines and assesses the legal obligations set forth by the International legal regime with regards to prohibition of gender based violence in Tanzania and then assess for the legal challenges and recommendations on what has to be done.
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