Topic > The Ambiguous Domestic Violence Restraining Order in Fiji

The Domestic Violence Restraining Order is also known as a "protective order" which serves to protect an individual from physical or sexual abuse, threats, stalking or harassment. The restrictive domestic violence provision came into force through the Domestic Violence Act 2009. Prior to this, there was no such ambiguous legislation in Fiji; however, internationally, domestic violence laws have been enforced through the 1993 Vienna Declaration which regarded women's rights as universal human rights and were given the status of fundamental above all other rights. Human rights themselves were born in 1215 when King John accepted the Magna Carta Libertatum treaty as the world's first human rights constitution. (Vincent, 2018) According to the Vienna Declaration, all forms of gender-based violence were to be minimized, including violence against women in public and personal life. The United Nations through its development program has cleverly infiltrated domestic violence law clad in human rights into the laws of countries like Fiji. Every being inherits the fundamental right to freedom, which includes freedom from intimidation, torture and violence. The governments of the underdeveloped countries of the Pacific submit to the submission of the United Nations. From a political aspect, this proposal provides a huge advantage to the ruling political party as the United Nations through its Trust Fund provides millions of dollars every year for the sustainability and stability of such laws. Since the establishment of the United Nations Trust Fund in 1996, the fund has awarded a total of 246 million FJD dollars to 139 countries and territories. (Nations, 2018) The governments of underdeveloped nations, in their financial greed, forget that the well-being and convenience of its citizens should be the first priority as such, any law applied should always be in harmony with the majority of its subjects. The United Nations Trust Fund provides the grants annually, yet the public never receives a transparent report on the use of the grant itself. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original EssayThe Domestic Violence Decree 2009 was the third decree of the Bainimarama interim government, issued by the then Vice President, Epeli Nailatikau, on the seventh day of the year August 2009. The decree or law as the same is a law of parliament is now divided into 4 parts for a total of 82 sections. The author specifically chooses Part 3, Sections 19-38, as a topic for research and discussion and attempts to highlight the insufficiencies, negative aspects and their impact on the Fijian population at large. Sections 19 to 38 of Part 3 deal specifically with the Domestic Violence Restraining Order granted by the Family Division of the Magistrates Court of Fiji. The first of the topics starts from paragraph 3 of the decree which, in defining domestic violence, leaves room for questions relating to threats, intimidation or harassment. These three words need to be interpreted correctly and should be addressed literally as this in itself will give citizens an idea of ​​what the legislators intended when the said law was enacted. Currently the same law is used as a sword when it should have served as a shield for the female gender. The law is being abused to the max and due to the power of this piece of legislation, Fiji has a high rate of family separation. Compared to the 80s and 90s, in Fiji.