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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