A critical analysis of the efficacy of law as a tool to achieve gender equality and to address the problem of domestic violence : The case of Trinidad and Tobago

摘要

Law is often perceived as an instrument that can effect social change. National law in Trinidad and Tobago, prima facie providing for gender equality, does not fully contemplate issues of particular concern to women, such as domestic violence. Gender equality and domestic violence are unwitting partners as women cannot achieve the former without first addressing the latter. Additionally, problems such as male dominance in politico-legal structures and lack of political will create practical obstacles to the realisation of gender equality and/or the full potential of the law. A case study of Trinidad and Tobago shows that the achievement of legal advances for women is particularly difficult where practical measures are not implemented domestically. Honouring international commitments subsequently becomes problematic as they do not guarantee change nationally and they, too, are sidelined. Gender equality and domestic violence are not given priority domestically and laws aimed towards protecting women and women’s rights are ineffective, scant and/or not enforced. The only way to achieve gender equality is through a multilevel approach from above (the UN) and, perhaps, more importantly, from below, as women have the potential to effect real national and international legal and institutional change to ensure gender equality at both levels.