AN ASSESSEMENT OF THE LEGAL STRUCTURE FOR THE PROTECTION OF WOMEN’S RIGHTS IN NIGERIA
- Project Research
- 1-5 Chapters
- Qualitative
- Library / Doctrinal
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- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
BACKGROUND OF STUDY
Because of their status as human beings, both men and women are entitled to have all of their rights fully protected by the government. Women's rights are human rights, according to Okagbue I. published in 1996 by the Nigerian institute of Advanced Legal Studies in Lagos .1] The phrase "human rights" refers, at its most fundamental level, to guaranteed prerogatives that are provided to a person just because that person is alive. [Oyedele O. S. Women's Rights in Africa: Myth or Reality, University of Benin Law Journal, volume 9(1) 2006 page] [Oyedele O. S. Women's Rights in Africa: Myth or Reality] .28] A claim to something (by the right of the holder) that may be exercised and enforced in accordance with a set of reasons or justification without interference from other people is the definition of a right.
The issue of whether the rights stated in the key instruments of the human rights movement have a "universal" or relative nature has been a topic of discussion and advocacy throughout the movement's history. The contentions between these positions took on a renewed vigor as the human movement slowly developed and reneged on making specific provision on gender issues. Additionally, a significant development emerged over the decades between claims related with cultural relativism on the one hand, and universalism on the other hand, as they relate to gender in different territories. [For further information, see Steiner Henry J. and Alson P., International Human Rights in Context: Law, Politics, and Morals, published by Oxford University Press in London in the year 2000, page 312]
Within the context of international human rights literature, the issue of discrimination against women has been framed as one that involves self-determination. According to the findings of this study, prejudice emerges as a consequence of the establishment, upkeep, and continuation of systems that favor males over women in terms of equality. It also argues that the Nigerian government and human rights activists, by being more responsive to international regimes of human rights, do not pay sufficient attention to indigenous philosophies, traditions, and socio-cultural factors that hinder the effective actualization of rights to all human beings. This argument is based on the notion that indigenous philosophies, traditions, and socio-cultural factors are viewed as inferior to international regimes of human rights.
The African Charter on Human and People's Rights is the treaty that obliquely provides for the protection of reproductive and sexual rights in Africa, and the protocol to the African charter places sexual health and rights within the context of the recognition of women's reproductive rights as human rights. In other words, the African Charter on Human and People's Rights protects reproductive and sexual rights in Africa. The ratification of the protocol represented a renewed commitment to the growth of women's rights as human rights in the African area, and it strengthens international law on women's equality. In addition, the acceptance of the protocol was a step toward achieving gender equality.
Since its ratification by the National Assembly in 1983, the ACHPR has been given binding effect by the constitution and has been recognized as almost inviolable. This is largely due to the fact that from it stemmed both the Fundamental Objectives and Directive Principles of State Policy, regarded as Chapter II rights which though non-justiciable in nature, cannot be overlooked, as well as the fundamental rights located under Chapter IV of the extant Nigerian constitution which cannot be overlooked. Additionally, the ACHPR has been recognized as almost
By virtue of this protocol, Nigerian women are guaranteed the right to dignity, the right to life, integrity, and security of persons, freedom from harmful practices that negatively affect the human rights of women, equal rights in marriage, equal rights in cases of separation, divorce, and annulment, the right to equal protection and benefit of the law, the right to participate in political and decision-making processes, the right to participate in education and training, equal opportunities, and the right to participate in political and decision-making processes. Equal rights in marriage and equal
As a result, all women (as well as men) and all girls (as well since boys) are entitled to the enjoyment of all human rights that have been confirmed, as gender, tradition, or law cannot be invoked as a legitimate reason to deny this entitlement.
[Obiaraeri N.O. Human Rights in Nigeria - Millennium Perspective; Lagos ideal ideas, 2001, page 444] [Citation needed]
The fact that Nigeria is a multi-ethnic nation made it difficult for the country to recognize the rights of its female citizens. This was caused by the inherent cultural differences that existed among the country's inhabitants. These cultural differences, along with the laws that resulted from them, permitted women to be treated as chattels that could be inherited but prohibited them from inheriting properties or receiving an education (in most parts). This also promoted and subjected female citizens to a variety of forms of discrimination and violation.
As a result of the fact that women are human beings, the Democratic Constitution of 1960, which was established in Nigeria in 1960 and defined the basic rights which were to be enjoyed by every Nigerian with some exceptions, provided that women be allowed such rights (even though the customs prevalent in rural areas still existed). Section 43 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended stipulates that citizens have the right to possess immovable property in any part of the country. As a result, the 1999 constitution mandated that citizens have the ability to do so. making it possible for women to participate in the exercise of the right, which the constitution of Nigeria classifies as a basic right.
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