THE LEGAL FRAME WORK FOR THE PROTECTION OF WOMEN’S RIGHT IN NIGERIA

ABSTRACT
This study presents a critical appraisal of the legal frame work for the protection of women’s right in Nigeria. The study scrutinizes the efficacy of the legal provisions against the violation of the human right of women taking into account the vulnerability of the female gender to various forms of discrimination in a chauvinistic society as Nigeria. The study further discussed the history, form and challenges of the existing legal framework for protecting.
The study was executed using a doctrinal research design where solely secondary data such as legal publications, journal and text book related to the subject matter were consulted to get relevant fact and informations to facilitate the research.
From the findings of the study, it was discovered that the scope of the legal provision for the protection of women’s right in Nigeria is greatly influenced by the international human right provisions. However the efficiency of the legal framework for the protection of women right is also limited to the provision of customary laws in the country which may not be in line with international standards.
Conclusively the study revealed that some cultural and other practices that affect the enjoyment of fundamental human rights of women among certain groups of Nigeria, the most affected rights of women are their rights to human dignity, their right to life and their right to personal liberty. Hence it was recommended that Laws should be enacted to confer some rights of on women.

TABLE OF CONTENT

TITLE PAGE
TABLE OF CONTENTRAVATION
 TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBRAVATION
ABSTRACT

CHAPTER ONE
1.0 INTRODUCTION
1.1BACKGROUND OF THE STUDY
1.2STATEMENT OF THE STUDY
1.3OBJECTIVE OF THE STUDY
1.4RESEARCH METHODLOGY
1.5SIGIFICANCE OF THE STUDY
1.6 SCOPE OF THE STUDY
1.7 STRUCTURE OF THE STUDY

CHACPTER TWO
LITERATURE REVIEW, CONCEPTIONAL FRAME WORK AND THEORCTICAL FRAME WORK.
2.1 LITERATURE REVIEWS
2.2 CONCEPTIONAL FRAMEWORK
2.3 THEORCTICAL FRAMEWORK

CHAPTER THREE
PROTECTION OF WOMEN’S RIGHT
3.1 MEANING OF THE PROTECTION OF WOMEN’S RIGHT
3.2 HISTORICAL BACKGROUND FOR THE PROTECTION OF WOMEN’S RIGHT
3.3 FORMS OF PROTECTION OF WOMEN’S RIGHT
3.4 WOMEN’S RIGHT IN VARIOUS ASPECT IN RELATION TO HUMAN’S RIGHT
3.4.1 THE LABOUR RELATION PERSPECTIVE
3.4.2 THE SUCESSION AND INHEREITANCE PRESPECTIVE
3.4.3 GENDRE GENERAL
3.4.4 THE LAW PERSPECTIVE
3.4.5 THE LABOUR LAW PERSPECTIVE
3.5 FACTORS PROTECTING WOWEN RIGHT
3.6 SOCIALTAL ATTITUDE TO THE PROTECTION OF WOMEN'S RIGHTS IN NIGERIA

CHAPTER FOUR
LEGAL FRAMEWORK FOR THE PROTECTION OF WOMEN RIGHT IN NIGERIA.
4.1 STATUES REGULATING WOMEN’S RIGHT IN NIGERIA
4.2 PROSECUTION FOR THE VIOLECTION OF WOMEN’S RIGHT CASES IN NIGERIA
4.3 IMPACT OF WOMEN’S RIGHT IN NIGERIA
4.4INADEQUENCES OF WOMEN’S RIGHT LAW IN NIGERIA
4.5 INTERNATIONAL LAW FOR THE PROTECTION OF WOMEN’S RIGHT

CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION.
5.1 SUMMARY
5.2 CONCLUSION
5.3 RECOMMENDATION

BIBLIOGRAPHY

CHAPTER ONE
GENERAL INTRODUCTION
1.0 Introduction
Right are claims of a person over other following beings, over the society and over the government.[1]
Women rights have been a great concern to the society today. Attaining equality between woman and men and eliminating all forms of discrimination against woman are fundamental human right and this is the societal values in Nigeria. These fundamental rights which are explicitly stated in section 33-40 of the 1999 constitution of the federal Republic of Nigeria as amended.[2]Fundamental rights which stand above the ordinary laws of the land, and which are antecedent to the political society.[3]
Women’s right establishes the same economic social and political status for women as for men. It guarantees women would not face discrimination on basis of their gender. 19th century when the first laws were imposed by government regarding women’s right. It formed the basis for feminists’ movement in the 20th century.
General comment 28 of 2000 on Equality of Rights between Men and Women:- Inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture including religious attitudes. In Africa, women generally got the right to vote along with men through universal suffrage, southern Nigeria women got right to vote in 1958, northern Nigeria women in 1978. Women subjugation in northern Nigeria is worse than other parts. Two-thirds of northern Nigerian girls aged 15-19 are unable to read one sentence. An educated woman is seen less likely to be dominated by male relatives or husbands and thus these leads to many families not allowing their daughters to be educated. Due to poverty level, many families choose to send their daughters to work or marry them off for high dowries that alleviate their economic position for a while. Only 7 out of 150 elected head of states are women, only 11 out of 192 are head of government. In law making bodies, women are largely absent, not surprising that the law does not work for women, women rights are human fundamental rights. In Nigeria, women are considered subordinate to their male counter parts and are best seen as home keepers.
Most women lack education and economic resources to fight the existing social; order, so they accept inferior status as an only option. Employment issues, reproductive and health rights, mental health, gender based violence(1 in 3 women experience physical or sexual abuse in their lifetimes according to WHO), child marriage, FGM, water and sanitation, gender equality. “no country in the world has successfully eliminated discrimination against women or achieved fill equality”, UN in June 2018. To be a women’s right advocate:- speak out, support one another, educate the next generation(older and younger), give to the cause. Female empowerment is the development of women in economic, political and social life in order to reduce their vulnerability and dependency on their male counterparts. Today representatives of younger generations feel much freer, but old men are still very much conservative
Women in Nigeria and around the world nevertheless regularly suffer violation of their human right throughout their lives, and realizing woman’s human rights has not always been a priority. Achieving equality between woman and men requires comprehensive understanding of the ways in which women experience discrimination and are denied equality so as to develop appropriate strategies to eliminate such discrimination. Some woman’s human right is not protected based on their age, ethically, nationality, religion, health status, marital status, education disability and socioeconomic statute and among other grounds. This form must he taking into account when developing measures and responses to combat for the protection of woman’s right in Nigeria.[4]

1.2 Background of the Study
Women in Nigeria historically and culturally are seen as home-keeper who taking care of their husbands, children and also number of the family, with other responsibilities which include, the feeding of the family and also engaging in patty sale of produce, house hold ingredients and cooking of foods for the family. The women in the society are much more than all this because, they have more to give to the society.According to Agu(1992) who see them as an important group of people , when he argued that women have a crucial role to play in the social, political and economic, transformation of any nation and this is no longer a matter of contention. The African culture has always seen women are not important in the society or as inferior to men in all aspect of life.it is equally an assumption so deeply rooted in the African custom, religion and practices and also virtually in all civilization
Frankly speaking, one may concede to the fact that in some African societies or tribes, discrimination against women right is a normal way of life dating back from ancient time and it’s still going to actually unabated today. Much folklores, myths and facts abound as to the origin or the genesis of why men fact may be the basis of why woman have allowed them to be discriminated against.[5]
With the increased of domestic violence is no rampant and a form of abuse which Nigerian women are facing and which speak against the right of women in the Nigeria society. The offence is of various forms and the most common form of it is heating of women at the slightest opportunity,withthe confidence that nothing will happen even if it is reported to the authority.This violence in sexual slavery, female circumcision, forced marriage, forced prostitution, sexual assault, female infanticide molestation, an act which is a direct violation of the provision of section 31 of the 1999 constitution of the federal republic of Nigeria.[6]
This form of abuse is given tacit approval by some cultures in Nigeria, it has persisted. To worsen the situation, even if it is reported to the police station, nothing serious often happens. The police would rather prefer that is privately as family matter amongst family members. This reason for this is perhaps hinged on the fact that section 85 of the penal code provides;[7]
              Nothing is an offence which does not amount to infliction of grievous hurt upon any person and which is done by a husband for the purpose of connecting his wife, such husband or with being subject to native law of custom in which such connection is recognized as lawful.
Some of the challenges which are face by woman against their protect of right are under two heading which are
   A)    The cultural/ religions challenge
   B)    The legal challenge.
It will be the focus of this research work to critically an holistically examine the legal framework for the protection of women’s right in Nigeria.
Since the advent of colonialism in African, women have always been exposed to varying forms of discrimination due to the simple fact of their ’femaleness’, which ought to have been understood on the basis of its mutual usefulness (obbo 2005).[8]
The plight of women, in Africa in other parts of developed countries, have been characterized by lack of access to well-developed education and training systems for women’s leadership in general; undue dominance of men in the socio-political scheme of things; poverty or lack of money or resources; lopsided political appointments and the general imbalances associated with very unjust treatment of the female citizens in its entirety. There is no doubt that this trend negates the collective interests of human fundamental rights and the right of equality, freedom and personal dignity of women in society.

1.3 Statement of the Problem
In Nigeria, it is observed that the womanhood is reduced to mere infidel and a second-class citizen, hence, there is the commonality of general belief system that the best place for women is in the’ kitchen’. This trend has brought about tremendous misrepresentation of women right at the level of the family down to the circular society. The society is patriarchal in nature which enables men to dominate women. Women are therefore discriminated upon form, in most cases, acquiring formal education, mistreated and perpetually kept as house-help; the average Nigerian woman is seen as an available object for prostitution, forced marriage, street hawking, instrument of wide-range trafficking and a misfit in the society. Thus, the purported irrelevance associated with the status of women in society has merely reduced an average woman to an inferior commodity. This paper attempts to examine the conceptual and material bases of patriarchy and gender inequality and discrimination, and discuss socio-cultural and political factors leading to discrimination.[9]
Women self-advancement has been curtailed by the burden of reproduction, particularly in Nigeria with a very high birth rate as well as the cultural roles associated to women-role of child bearing, child rising and homemaking. Women face a lot of discrimination that limit their opportunities to develop their full potential on the basis of equality with men. They are far from enjoying equal rights in the labour market, due mainly to their domestic burden, low level of educational attainment, poverty, biases against women’s employment in certain branches of the economy or types of work and discriminatory salary practices. In some establishments women are not allowed to get married or pregnant because it is thought that it will reduce their productivity and of course profit. Some women particularly they are only employed as long as they are ready to use their bodies to woo customers for their business organization.

1.4 Objective of the Study
The general objective of this research is to examine the legal framework for the protection of women’s right in Nigerian. The specific objectives are to;
1.                  To trace the history for the protection of women’s right in Nigeria.
2.                  To examine the form for the protection of women’s right in Nigeria.
3.                  To examine the challenges faced by women in the society in Nigeria.
4.                  To examine the existing legal frameworks for the protection of women’s rights in Nigeria.
5.                  To appraise the effectiveness of the legal regimes for the protection of women’s rights in Nigeria.

1.5 Research Methodology
  The research method to be used is the doctrinal research materials from both primary and secondary sources which include textbooks, case laws, law reports, dictionaries etc.

1.6 Significance of the Study
 The study is significant as it explores and unveils the existing legal framework and instruments available in combating women rights in Nigeria.
    It also reveals how the law and its provision have been able to stem the tide of women right in Nigeria.

1.7 Scope of the Study
The scope of this study covers mainly Nigeria and where necessary, reference will be made to other countries. It seeks to examine and appraise the extent legal frameworks and how effective they are in combating women’s rights in Nigeria.

1.8 Structure Of The Study
The structure of the study covers five chapters;
Chapter one provides the introduction of the study, chapter two, concerns with the literature review for the protection of women rights in Nigeria and the conceptual and theoretical framework.
Chapter three talks about the protection and the challenge faced by women in different aspect of the society and life, chapter four talks about the legal framework for the protection of women rights and the status involved in the regulation of women right in Nigeria. While chapter five talk about the summary and the conclusion and the recommendation.



[1]Dictionary
[2] 1999 Nigeria Constitution of the federal Republic of Nigerian (as amended)
[3]Ibid,81
[4]Abama, E. A. (1998), Nigerian women and the development process.
[5]Abama, E.A &Mangvwat, B (2005), making women matter in Nigeria: An exclusive agenda in journal of women in academics (JOWACS) Jos.
[6] S31, 1999 Nigeria constitution
[7] Section 85 penal code
[8]0bbo, E. (2005).”Gender Equality, Human Right and Development”, in CODESRIA Bulletin, special issues,Re-thinking African Development
[9] Salaam, T. (2003) A Brief Analysis on The situation of women in Nigeria today, DSM.

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