Protection of Women Against Discriminatory Laws, Policies and Practices in Nigeria: an Appraisal

Protection of Women Against Discriminatory Laws, Policies and Practices in Nigeria: an Appraisal

CHAPTER ONE

OBJECTIVE OF THE STUDY RESEARCH

This thesis has, among its objectives, the following: to

identify the constitutional provisions, laws and international instruments which relate to human rights on a universal basis
evaluate how much these provisions, laws and instruments are complied with and enforced, in practical terms;
identify the laws, instruments and provisions that assure to women especially, freedom from discrimination on the basis of gender;
highlight those policies and practices which militate against the full realization of the economic, social, political and cultural rights guaranteed to women in different societies;
focus on the Nigerian society in particular and the manifestation of discriminatory laws, policies and practices directed against women;
since the implementation of a law determines its efficiency, to evaluate the extent to which anti-discrimination measures are implemented; and
to suggest, in addition to what has been done, what other measures can be put in place to minimize, if not eradicate, discriminatory policies and practices being perpetuated based on gender.

CHAPTER TWO

WOMEN’S RIGHTS AND HUMAN RIGHTS

THE CONCEPT OF HUMAN RIGHT

In this chapter, we propose to examine human rights as a concept, its origin and philosophy, the different ‘generations’ of human rights that have been suggested and their universal acceptance. We shall discuss the historical development of the concept, how it grew from the works of medieval thinkers like Thomas Aquinas and Hugo Grotius, on to the thoughts of the 17^th and 18^th centuries, manifested in the writings of philosophers like John Lock, Montesquieu Voltaire and Rousseau; which came to be incorporated in national constitutions.

The works of the United Nations and its agencies like the International Labour Organization (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), among others; in organizing large informational conferences will also be discussed. A notable conference in this regard held in Beijing (China) in 1995 which popularized the phrase “women’s rights are human right” will also be examined.

Human rights as a concept, is readily used not only by lawyers, but also by politicians and more generally, the public at large. Claims are presented and criticisms are formulated all by invoking human rights.

Tomuschat, C. (2003). Human Rights: Between idealism and Realism. Oxford University Press, Inc., New York, USA, p.1

To say that there is widespread acceptance of the concept of human rights is not to say that there is complete agreement about the nature and scope of such rights. Among the basic questions that have cropped up are the following:

Whether human rights are to be viewed as divine, moral or legal entitlements;
Whether they are to be validated by intuition, culture, custom, social contract, principles of distributive justice, or as prerequisites for happiness;
Whether they are to be understood as irrevocable or partially revocable, and
Whether they are to be broad or limited in number and content

Despite this lack of consensus, a number of widely accepted and interrelated fundamental principles can assist in the task of appreciating the concept; five of which in particular are outstanding. In the first instance, human rights are understood to be quintessentially universal in character, in some sense equally possessed by all human beings everywhere, including in certain instances,

The discussion on the concept of human rights has been excerpted from ,different sources, centered on The New Encyclopedia Britannica, Macropaedia, Vol. 20, 15th edn., 2005; p.656, et seq. even the unborn. In stark contrast to the divine right of kings and other such conceptions of privilege, human rights extend to every person on earth without regard to merit or need, simply for being human.

CHAPTER THREE

INTERNATIONAL INSTRUMENTS AND WOMENS’ RIGHTS

INTERNATIONAL INSTRUMENTS

Since human rights are guaranteed to all humans without regard to race and without any “supplementary condition being required”, it follows that the optional way to have universal benchmarks is through written agreements among international entities.

As was pointed out in the immediately preceding chapter, the UN Commission on Human Rights along with other bodies like the International Labour Organization (ILO) have been prominent in setting standards and preparing a number of international human rights instruments.

These instruments have come into existence in the form of Conventions, Covenants, Charters, etc, which terms the legal meaning of or differences between international law, need not delay Collectively, they are known as treaties. Uwaifo, JSC⁽¹⁾ gave, judicial insight on these instruments: according to the (Vienna) Convention (on the law of treaties of 1969), “treaty” means an intentional agreement or by whatever name called, e.g. Act, Charter, Concordant, Convention, Covenant, Declaration, Protocol or Statute, concluded between states in written form and governed by international law whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

Abacha vs. Fawehinmi (2000) 6 NWLR (pt. 660) 228
(Supra), at p. 340

Throwing more light on the point, Nweze⁽³⁾ is of the opinion that broadly speaking, international agreements, particularly those relating to human rights employ two approaches, namely, the “treaty” method and “non-treaty” method. Nweze posits that whereas the treaty method creates legally binding obligations on state parties, the non-treaty method establishes non-legal commitment to guide signatory countries ⁽⁴⁾. As far as Nigeria is governed, an international treaty entered into by the government does not become binding until enacted into law by the National Assembly.

For our purpose, however, the essence of these instruments is that they are agreements among countries partaking of international norms. As Achike JSC⁽⁶⁾^. said even though unincorporated treaties have no effect upon the rights and duties of citizens either at common law or statute law; they may however indirectly affect the rightful expectation by the citizen that governmental acts affecting them would observe the terms of the unincorporated treaties.

CHAPTER FOUR

DISCRIMINATORY LAWS, POLICIES AND PRACTICES AGAINST WOMEN IN NIGERIA.

OVERVIEW OF DISCRIMINATORY LAWS, POLICIES, AND PRACTICIES

In the immediate preceding chapter, we have considered the many national, regional and international instruments which are directly related to human and women’s rights. These instruments have engendered laws, policies and practices which are intended to promote and protect human rights. It is a fact, however, that laws and policies impact on people’s lives to the extent to which they are implemented and enforced.

In this chapter, we shall look at those laws, policies and practices which tend to affect women negatively, and the consequences of such negative tendencies.

We have noted at the outset of this discourse, that women human rights have been described both as rights that women have by virtue of being human, and that, in some circumstances, suffer human rights abuses in a specific form, relative to their being female⁽¹⁾. We have also noted that rights, generally described, have never been absolute and universally applicable, such that where Ilumoka, O. A. (1994). African Women’s Economic, Social and Cultural Rights – Towards a Relevant Theory and Practice” In Cook, J. R. (Ed). Human Rights of Women: National and International Perspectives. University of Pennsylvania Press, Pennsylvania, USA, p.31 discriminations exist, of which women are at the receiving end; the impact varies within different cultures and value systems. Discriminatory laws, policies and practices against women, is suggested, for our immediate purpose, to be addressed as negative tendencies militating against the full realization of women’s natural potentials.

DISCRIMINATORY LAWS

According to Atsenuwa⁽²⁾ on whether there are in existence, laws that are expressly incompatible with Article 2 of both the CEDAW and the African Charter on Human and People’s Rights which obligate State Parties to pursue a policy of eliminating discrimination against women the answer ought to be ‘No’ because the 1999 Constitution voids all laws that are discriminatory.⁽³⁾ However, she submits that in spite of the constitutional position, discriminatory laws remain on the statute books. As an example, she cites s.42(3) of the Constitution which validates discriminatory provisions such as those contained in Regulations made under the Police Act.⁽⁴⁾ Other illustrations of gender-insensitive laws according to Atsenuwa are to be found in the requirement which permits a woman foreigner who is or has been married to a Nigerian man to acquire Nigerian citizenship by registration but requires a male foreigner married to a Nigerian woman to acquire citizenship through the more ardous route of naturalization.

CHAPTER FIVE

CONCLUSION

SUMMARY

The goal of the early advocates of women’s rights in male-dominated, patriarchal societies and cultures, was equality with the men folk, in all areas of human endeavours, what was essentially different in feminist jurisprudence was the strategy. Thus, liberal feminists advocated equal opportunities, radical feminists supported affirmative action to challenge perceived inequalities while post modernists were not just critical of gender dichotomies but even the concept of gender itself.

There arose a heady controversy as to whether women should seek equality rather than equity or seek both equity and equality. The proponents of women seeking only equity are of the view that the three major world’s religions (Christianity, Islam and heathen ) preach, practice and protect the inequality of man and woman as a critical and fundamental doctrine. The proponents of inequality opine that, it would not be incorrect to assert that God Himself supports, and in fact, started inequality. God said “Let us make a man, some like ourselves to be the master of all life upon the earth, and in the skies and in the seas”¹.

Holy Bible NIV version Genesis 1 verse 26, From the above passage of the Bible, it is clear that God created man not woman in His own image, him, (man) not woman, ruler over all the things on earth. Further, we learn vividly that: Then Lord God said, “it is not good for man to be alone; I will make a companion for him, a helper suited for his needs… Then the Lord God caused the man to fall into a deep sleep and took one of his ribs and closed up the place from which he had removed it”. In other worlds, God created only the man but nicely formed the woman from the ribs of the man and assigned the woman as a helper to the man or as assistant to the man and not as a co-equal. Put differently, a woman, from creation, was formed as an assistant to the man in his needs. The will of God about women is also expressed when He said “You wives submit yourselves to your husbands for that is what the Lord has planned of you”.

FINDINGS

The following are the findings of the writer :

The writer submits, that there exists a ‘Gender divide’ which has given rise to discriminatory laws, policies and practice against women.
It is clear from the above outline that the three major religions maintain and practice inequality of man and woman as a fundamental doctrine.
Also another fact is that fundamental freedoms guaranteed to women in the Constitution and International instruments notwithstanding, there exist numerous gaps between the stated aims and the reality on ground.
Our legal system is a very complex system of statutory law, common law, customary & sharia laws This has affected the rights of women, for example in cases of domestic violence; the seriousness of the offence.

RECOMMENDATIONS

From the fore going findings, the writer humbly makes the following recommendations:

The challenges of women and the girl child are not necessarily the same with men. Thus, while increased budgetary allocations to the health sector are deemed socially desirable and important in human development, fairness demands that specific attention must be given to maternal and reproductive health, in considering financial outlays and programmes for the health sector. The same reasoning supports the educational, employment, succession dichotomies and even equality before the law.
In the field of education and training for instance, there is need to increase enrolment and retention rates of girls by allocating appropriate budgetary resources. There is also the need to close the gender gap in primary and secondary school education, as recommended by the Beijing Platform for Action.
In health matters as it relates to women, there is the need to provide more accessible, available and affordable primary health care services of high quality, including sexual and reproductive health care, which include family planning information and services, and giving particular attention to maternal and emergency obstetric care.

REFERENCES

Bailey, S.H., Harris D.J., Jones, B.L (1995). Civil Liberties: Cases and Materials. Bultterworths, London, England.
Beloff, J.M (1976). Sex Discrimination: The New Law. Butterworths, London, England.
Cook, J.R. (1994). Human Rights of Women: National and International Perspectives. University of Pennsylvannia Press ,Philadephia, U.S.A.
Ezejiofor, G. (1964). International Human Rights: Text and Materials. Sweet and Maxwell, London, England.
Freeman, M.D.A (2001). Lloyd’s Introduction to Jurisprudence (Seventh Edition). Sweet and Maxwell Ltd, London, England.
Ibrahim U., (2004). Women: Phases of Deprivation in Nigeria. GADA Constitutional Debate
Imam, A. (2010) Adopting Women’s Human Rights Legislation in Nigeria: A Synthesis Analysis and Report. Info Vision Ltd Lagos, Nigeria.

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