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E. Increase Access to Justice <strong>for</strong> Survivors of GBV<br />

The research also revealed numerous challenges that survivors face when attempting to<br />

access the justice system <strong>and</strong> seek legal remedy in response to gender-based violence. The<br />

most prominent challenges include the current penal code <strong>and</strong> the complex <strong>and</strong> circuitous<br />

GBV reporting mechanisms. For example, the PF3 was found to be a barrier to both the<br />

reporting of GBV <strong>and</strong> the provision of medical care to survivors. It is important to note that<br />

the new management guidelines <strong>for</strong> GBV explicitly state that a survivor who seeks<br />

treatment without a prior police statement should receive the care required. 36 The study<br />

data, however, show that this change has not yet begun to influence reporting or helpseeking<br />

among survivors. This is not surprising, as the new guidelines have not yet been<br />

widely disseminated.<br />

If dissemination <strong>and</strong> implementation ef<strong>for</strong>ts are successful, this change should reduce the<br />

PF3’s role as a barrier to help-seeking. This is one of several promising steps the GoT has<br />

taken towards creating a more supportive policy environment <strong>for</strong> responding to GBV.<br />

Awareness about the prevalence of violence has grown over the last decade, due in part to<br />

two large-scale studies that provided sobering evidence of the high prevalence of GBV in<br />

Tanzania. As a result of this increased attention, national policies have been updated <strong>and</strong><br />

adapted to better respond to the needs of survivors. Also encouraging was the creation in<br />

2008 of Gender <strong>and</strong> Children’s Desks at police stations in Dar es Salaam, each of which<br />

receive specialized training on GBV. 37 In spite of these advances in the legal framework,<br />

there remain a number of important opportunities within current national policies to<br />

mobilize <strong>and</strong> reaffirm the country’s commitment to preventing <strong>and</strong> responding to GBV.<br />

1. Strengthening the legal structure <strong>for</strong> responding to GBV<br />

a. Scale up advocacy ef<strong>for</strong>ts to have coerced sex by partners (including marital<br />

rape) as offenses in the penal code;<br />

b. Reconsider the requirements <strong>for</strong> the PF3, <strong>for</strong> example, consider whether this <strong>for</strong>m<br />

can be provided at the clinical site, <strong>and</strong>/or be completed by a broader range of<br />

medical providers (including those working at private facilities) [See example of<br />

Ug<strong>and</strong>a’s recent changes to address similar PF3 challenges 38 ];<br />

c. Address cost as a barrier to seeking <strong>and</strong> receiving appropriate legal support<br />

[Example of Kivulini model of eliminating fees <strong>for</strong> GBV cases within the WRCs 39 ];<br />

36<br />

See National Management Guidelines <strong>for</strong> the Health Sector Response to <strong>and</strong> Prevention of Gender-based<br />

Violence p. 10. “Survivors that experience violence should report to any of the facilities that offer GBV<br />

services (health care facility, police, drop in centre, safe house, social welfare centre). If the survivor reports<br />

to a health care facility first; he/she should be treated without making a prior police statement <strong>and</strong> later<br />

report to a police station/post. If the survivor reports to the police first he/she should from there go to a<br />

health care facility.”<br />

37 Betron. (2008).<br />

38 Some in<strong>for</strong>mation about the PF3 as a barrier to help <strong>and</strong> justice seeking <strong>and</strong> the changes to the<br />

requirements <strong>for</strong> this document can be found here: http://mail2.unfpa.or.ug/pub/GBVKaramoja.pdf<br />

39 http://www.kivulini.org/advocacy<br />

<strong>Help</strong>-<strong>Seeking</strong> <strong>Pathways</strong> <strong>and</strong> <strong>Barriers</strong> <strong>for</strong> Survivors of GBV in Tanzania March 2013<br />

Page 59

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