Questions
Research write up report on customary law and family resolution in png on family case of domestic violence .According to PNG law and customary law and the constitution and policies. Make your argument in accordance to png law or the constitution discussing possible outcomes and the solution to improved the quality of life and discuss possible action in the case you have chosen. 5 APA referencing style with 5 pages
Customary Law and Family Resolution in PNG on Family Case of Domestic Violence
Introduction
Papua New Guinea (PNG) is a country rich in diverse cultures and traditions, with customary law playing a significant role in resolving disputes within communities. However, when it comes to issues such as domestic violence, there is a need to align customary practices with the laws of the country to ensure justice and protection for victims. This research write-up aims to explore the application of customary law and family resolution in PNG on a case of domestic violence, in accordance with PNG law, the constitution, and policies.
Case Study: Domestic Violence in a PNG Family
In a typical PNG family, domestic violence is a common issue that is often resolved using customary practices. In this case study, a wife and mother of three children has been experiencing physical and emotional abuse from her husband. The wife, feeling trapped and helpless, seeks help from her community leaders and elders to resolve the situation. The community leaders suggest addressing the issue using customary law and family resolution methods.
PNG Law Regarding Domestic Violence
The PNG Family Protection Act of 2013 recognizes domestic violence as a serious offense and provides legal protection for victims. Under this law, victims of domestic violence can file for protection orders and seek legal recourse against their abusers. The law also mandates the provision of support services for victims, such as counseling and shelters.
Customary Law and Family Resolution
In many PNG communities, customary law and family resolution mechanisms are used to address disputes, including cases of domestic violence. These customary practices often involve the mediation of community leaders and elders, who aim to find a resolution that is agreeable to all parties involved. However, in cases of domestic violence, customary practices may fall short in providing adequate protection for victims and holding perpetrators accountable.
Constitutional Safeguards and Policies
The PNG constitution guarantees the protection of fundamental rights, including the right to life, liberty, and security of the person. The constitution also prohibits discrimination on the basis of gender, race, or religion. In line with these constitutional safeguards, the government has implemented policies and programs aimed at addressing gender-based violence, including domestic violence.
Possible Outcomes and Solutions
In the case of domestic violence in the PNG family, several possible outcomes and solutions can be considered. The wife could seek a protection order under the Family Protection Act, which would legally prohibit her husband from abusing her. Additionally, community leaders and elders could be involved in providing mediation and counseling services to the family to address the underlying issues contributing to the violence.
Improving the Quality of Life
To improve the quality of life for victims of domestic violence in PNG, it is crucial to strengthen the enforcement of laws and policies that protect victims and hold perpetrators accountable. This includes raising awareness about domestic violence, providing support services for victims, and training community leaders and elders on how to effectively address cases of domestic violence.
Possible Actions
In the case of domestic violence in the PNG family, key actions that can be taken include:
1. Providing the wife with information on her rights under the Family Protection Act and supporting her in filing for a protection order.
2. Engaging community leaders and elders in mediating the dispute and providing counseling services to the family.
3. Working with local law enforcement agencies to ensure the protection of the wife and her children from further abuse.
4. Implementing educational programs and awareness campaigns to combat gender-based violence in the community.
Conclusion
In conclusion, customary law and family resolution in PNG play a crucial role in addressing disputes, including cases of domestic violence. By aligning customary practices with PNG laws and policies, victims of domestic violence can receive the necessary protection and support to improve their quality of life. It is essential to continue advocating for the rights of victims and implementing measures that hold perpetrators of domestic violence accountable. By taking proactive steps to address domestic violence, we can create a safer and more equitable society for all Papua New Guineans.
References
1. Papua New Guinea Family Protection Act, 2013.
2. Constitution of Papua New Guinea.
3. PNG National Policy on Sexual and Gender-Based Violence.
4. Human Rights Watch report on Domestic Violence in Papua New Guinea.
5. PNG Law Reform Commission report on Customary Law and Family Dispute Resolution.
(Note: This research write-up is a hypothetical academic exercise and does not refer to a specific real-life case.)