著者

馬場 淳

出版者

法政大学経済学部学会

雑誌

経済志林 = The Hosei University Economic Review (ISSN:00229741)

巻号頁・発行日

vol.88, no.3, pp.115-136, 2021-03-20

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The aim of this paper is to examine the structure and practical transformation of the Family Protection Act (No. 29 of 2013) against domestic violence (hereafter DV) in Papua New Guinea, taking the Melanesian response into consideration. First, I will describe how the Family Protection Act has a comprehensive, namely civil and criminal, legal framework against DV and its components in correspondence with the socio-cultural situation in Papua New Guinea. Second, focusing on actual operation in Manus Province, I will argue the process and reasoning regarding the transformation of the Family Protection Act from its original structure. The point is that the District Court and the police interpret and make use of the Act in relation to other existing measures, such as the Protection Order Rules (2008) and the District Court Act. This study is based on the author’s fieldwork conducted in Manus Province since the Protection Order Rules and the Family Protection Act came into force. The paper can also be considered as a case study for the comparative study of laws against DV in Melanesian countries, showing the Melanesian response to the international human rights regime in general.