The Legal Framework for the Protection of Women’s Rights in Nigeria
Chapter One
PURPOSE OF THE STUDY
(1) To examine the platform provided under Nigerian law for the protection of women’s rights as well as to study the extent to which Nigeria has been able to measure up to international standards;
(2) To evaluate the enforcement and implementation of such rights;
(3) To explain how socio-cultural practices contribute to the abuse of women’s rights;
(4) To examine the challenges affecting the human rights of women in Nigeria and recommend relevant suggestions for the future protection of such rights.
CHAPTER TWO
LITERATURE REVIEW AND HISTORY OF CONCEPTS
INTRODUCTION
The concept of feminist jurisprudence is an ideology based on the recognition that women constitute a group that is wrongfully oppressed by male-defined values and male controlled institutions of social, political, cultural and familial power. It takes an approach coming from the standpoint of women’s reality; to these questions which are traditionally regarded as within the purview of male theorizing and philosophy. This chapter will take us through the review and history of the concepts and keywords of this research.
LITERATURE REVIEW
Women’s rights being an off-shoot of human rights cannot be properly examined without bringing to light the concept of human rights. Therefore, this research will review the following:
- i) The concept of Human rights
- ii) The concept of Women’s rights
Human rights
In its simplest form human rights are those rights that every human being possesses and is entitled to enjoy by virtue of being human. They are innate in every human being and accompany every human at birth. They are basic rights and freedoms that all people are entitled to regardless of nationality, sex, ethnic origin, language or other status. These rights are set out in the Universal Declaration of Human rights (UDHR) and they include Right to life, Freedom from slavery and servitude, Right to health. Human rights are universal, inalienable, (except in certain circumstances by due process of the law see s.45 CFRN), and egalitarian (in the sense of being the same for everyone).
Human rights stem from the notion that all human beings are born equal and, therefore, have an equal right to enjoy dignity and security. Initially, the concept of human rights applied domestically and did not have a place in the international sphere. It was only towards the end of the 18th century and the beginning of the 19th century that concern for individual rights filtered into the international system. An example of this occurred in the 19th century when slavery and slave trade was abolished in Europe and United states.
Later, following both World wars, international human right was formally entrenched within the United Nations Treaty Systems. The United Nations Charter was the first international document to formally give voice to the human rights movement after the Second World War. The Charter laid out the United Nations basic purpose of securing peace. In 1948, the U.N. General Assembly adopted the Universal Declaration of Human Rights.
CHAPTER THREE
PROTECTION OF WOMEN’S RIGHTS IN NIGERIA
INTRODUCTION
The rights of women are at the core of issues touching development in a state. Thus, arises the need for adequate protection of these rights by the machinery of the state. The importance of the protection of women’s rights cannot be overemphasized. This chapter will identify the rights of women in Nigeria as provided under the law. It will also examine the laws (both national and international), policies and institutional mechanisms for the protection of the rights of women in Nigeria.
RIGHTS OF WOMEN IN NIGERIA
It is pertinent to note that women’s rights are human rights. This section will examine the rights of women as provided under the CEDAW and other international instruments protecting women’s rights vis-a-vis the constitution and other local laws protecting women’s rights in Nigeria. The rights of women in Nigeria has been classified thus:
CHAPTER FOUR
THE PRACTICABILITY OF ASSESSING WOMEN’S RIGHTS IN NIGERIA
INTRODUCTION
This chapter will examine the judicial response to the human rights of women in Nigeria, challenges to the effective protection of women rights and discrimination against women.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
SUMMARY
In this research, efforts have been made to examine the rights of Nigerian women as provided primarily by the constitution, local legislations, and under the international and regional instruments. Likewise, the protection provided primarily under the Nigerian law has been examined side by side with international standards. It is evident from this research that Nigeria’s protection of women’s rights yet reach the international standards as stipulated by CEDAW and other instruments protecting women’s rights.
This research has also analyzed certain factors that hampers the rights and development of women in Nigeria. This is in spite of the existing laws and series of attempts made by various regimes to improve the status of women in Nigeria. This research has established that socio-cultural practices operate as a challenge to the human rights of women in the society. Likewise, it has established that discrimination against women is not only imbedded in our cultures but also in the body of our laws.
It also examines the judicial response to the rights of women in Nigeria which has shifted from being discriminatory to recent enforcement of women rights irrespective of discriminatory cultural traditions. In the same vein, it has identified illiteracy, poverty, corruption and delay in the judicial system as factors that impede the effective enforcement of rights of women via the judiciary.
FINDINGS
The following findings have been made in this research;
- That Nigeria has not measured up to international standards and practices with respect to rights of women in its legal system.
- Nigeria is a signatory to a number of international conventions providing for the protection of women’s rights, but has not domesticated these Conventions to making them applicable in Nigeria.
- Culture based practices contribute majorly to the abuse of rights of women in Nigeria.
- That some of our laws are discriminatory against women. Thus, some facets of discrimination against women are allowed by the state.
- Challenges to litigation such as poverty, illiteracy and corruption impede the effective actualization of women’s rights.
CONCLUSION
The African woman is first of all a human being and thus, her fundamental human rights needs to be protected. The African woman can be described as the most endangered specie of our world. Cultural and social conditions have subjected her to a life of submission and subservient against her natural inclination for freedom and self -determination.
Having discussed the various legal frameworks for the protection of women rights in Nigeria, and the rights of women as provided there under, it is clear that a plethora of human rights instruments exist at international and regional levels to promote and protect women’s rights. The question then is how adequate are these laws and instruments in the protection of women’s rights.
However, the challenge in this area does not lie in the adequacy of these laws but the actual realization of these rights at national and local levels. The slow pace of advancing the rights of women in Nigeria is indicative of a lack of political and economic will on the part of the government to implement numerous international treaties it has ratified that establish the principle of equality and non-discrimination.
The status of women in Nigeria is affected by predominance of cultural stereotypes prejudicial to women. It is apparent that patriarchy is at the heart of discrimination of women and infringements to her human rights. It needs be noted that women rights are human rights thus, the essence of the protection of women’s rights to the growth and development of a state cannot be overemphasized.
Unfortunately, infringements on women rights are still perpetuated in different spheres of our polity. There is still a yearning gap between what is and what ought to be. There is minimal improvement on the status of women in Nigeria as there are large numbers of factors militating against women which are prevalent in Nigeria.
RECOMMENDATIONS
Women’s rights have been established as human rights, thus, it should upheld. In view of the findings made in this study, the following recommendations are suggested:
- The National Assembly should take steps to incorporate international treaties that Nigeria has ratified into our domestic legal system in order for them to be enforceable.
- Government should develop and promote pragmatic policies for the protection of women rights, and equality between the sexes.
- Continuing advocacy and judicial activism should be encouraged in this area.
- Law reforms should be conducted to review and expunge legislations that are discriminatory.
- Negative cultural practices that infringe on women’s rights should be outlawed. Thus, the criminal and penal code should be amended to criminalize these practices.
- Women should be empowered through education, employment, provision of credit facilities, and good health services.
- Legal Aid fund should be set up by the ministry of justice through the Legal Aid Council to provide effective redress to women whose human rights have been violated.
- Enlightenment and sensitization of the public by the media, civil society and human rights advocacy groups.
BIBLOGRAPHY
BOOKS
- Alson, P. and Steiner, H.J., International Human Rights Context: Law, Politics and Morals, 1996.
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- Ezeilo, J.N., Women, Law and Human Rights, Enugu/Abuja, Acena Publishers, 2011.
- Eze, O., Human Rights in Africa, Dakar, Cordesia Book Series, 1989
- Finely, L.M., Breaking Women’s Silence in Law: The Dilemma of the Gendered Nature of Legal Reasoning, 64 Notre Dame Law Review, 1989.
- Ijere, M., Women in Nigerian Economy, Enugu, Acena Publishers, 1991.
- MacKinnon, Toward a Feminine Theory of the State, Cambridge, Harvard University Press.
- Nnabue, U.S.F., Understanding Jurisprudence and Legal Theory, Revised Ed., Owerri, Bon Publications, 2016.
- Shivji, I., Concepts of Human Rights in Africa, Dakar, Cordesia Book Series, 1989.
