Equality before the law

Guyana’s recent tabling of the Family Violence Bill, No. 11 of 2024, in the National Assembly marks a significant stride towards modernising and strengthening protections against domestic violence. This Bill, set to replace the 1996 Domestic Violence Act, not only updates antiquated laws, but expands the scope of protection to include previously marginalised groups, and broadens the definitions of abuse and family relationships.
First and foremost, the bill’s inclusion of protections for couples in same-sex relationships is a commendable step towards ensuring equality before the law. Historically, LGBTQ+ individuals have faced discrimination and inadequate legal safeguards in many jurisdictions, often being overlooked or outright excluded from legal protections. By explicitly extending protections to all couples, regardless of sexual orientation or gender identity, Guyana demonstrates a commitment to human rights and equality under the law.
Moreover, the expansion of definitions within the bill is crucial in addressing the complexities of modern familial dynamics and forms of abuse. Recognising that abuse can take various forms beyond physical violence — such as emotional, psychological and economic abuse — the bill ensures that victims are protected comprehensively. By acknowledging these broader definitions, Guyana acknowledges the multifaceted nature of domestic violence, and empowers authorities to intervene effectively in diverse situations.
Additionally, the bill’s expanded definition of family members to include not only spouses, but also former spouses, cohabiting partners, and other relatives, recognizes the diverse structures of contemporary families. This ensures that individuals facing violence or abuse within various familial contexts can seek legal recourse and protection without facing undue obstacles.
Attorney General and Legal Affairs Minister Anil Nandall, SC, has said that, after three decades, the law needed to be overhauled, and we agree with his statement.
He said: “In (those) three decades, we were able to detect a number of deficiencies, we were able to identify a number of loopholes and a number of shortcomings.”
The bill is “much improved” and “far more comprehensive,” he added, noting that a larger category of persons can now get protection under the Family Violence Bill, as opposed to the Domestic Violence Act.
Critically, the Family Violence Bill, No 11 of 2024, also enhances provisions for support services and assistance to victims, reflecting a holistic approach to combatting domestic violence. Accessible support services are essential in empowering victims to break free from abusive situations and rebuild their lives. By prioritising victim support alongside legal measures, Guyana has set a precedent for comprehensive care and rehabilitation for those affected by family violence.
While the bill represents a significant advancement, its effective implementation and enforcement would be crucial in realising its full potential. Adequate training for law enforcement officials and social workers is imperative to ensuring victims receive the support and justice they deserve; and public awareness campaigns can play a pivotal role in changing societal attitudes towards domestic violence, thereby encouraging victims to seek help without the fear of stigma or reprisal.
Introduction of the Family Violence Bill, No. 11 of 2024, marks a moment in Guyana’s efforts to combat domestic violence and protect vulnerable individuals. By embracing inclusivity, expanding definitions, and enhancing support services, Guyana not only upholds human rights, but paves the way for a safer and more just society. As the bill progresses through the legislative process, it is incumbent upon lawmakers to champion its passage and ensure its effective implementation.