CHAPTER
ONE
1.1 BACKGROUND OF THE STUDY
The
preamble to the charter f the United Nations sets as are of the organization
central goals the re-affirmation of “faith in fundamental human rights in the
dignity and worth of the human person in the equal right of men and women[1]
Article
1 proclaims that one of the purposes of the United Nations is to achieve
international co-operation in promoting and encouraging respect for human
rights and for fundamental freedom for all without distinction as to sex.
Article 6 of OIC[2]
declaration of human rights in Islam states
“Woman is equal to man in human dignity
and has rights to enjoy as well as duties to perform; she has her own civil
entity and financial independence and the right to retain her name and lineage”
Article
1 of the United Nations convention on the elimination of all forms of
discrimination against woman of 1979, (heretofore referred to as the 1979
convention or CEDAW)[3] as
“any distinction, exclusion or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women irrespective of their mental status, on a basis of equality
of men and women of human rights and fundamental freedoms in the political,
economic, society, cultural, art, or and other fields.
As
defined by the CEDAW, discrimination is symptomatic of a situation where
patterns of structural inequality are maintained by rules, norms and procedures
that dictate a subordinate role for women in all spheres of society. This call
for an end to all forms of discrimination against women emphasizes the need for
radical re-definition of the process and content of economic, social and
political development.
The
constitution[4]
provides in section 42, that a citizen of Nigeria of a particular community,
ethnic group, place of origin, sex, region or political opinion shall not, by
reason end that he is such a person.
1.2 STATEMENT OF THE PROBLEM
The
discrimination against women in relation to the rights of women in Nigeria,
stresses the need for a holistic orientation which acknowledges the vital role
of women in development and Engineers their integration into development
processes as equal partners with men. The legal and substantive protection of
women on both domestic and regional as well as international levels must be
coordinated for more meaningful enhancement of both the status and situation of
women.
The
cultural differences and approaches towards the rights of women as well as the
international rights and their existence thereof. The existence and defence of
national, regional and international rights of Nigerian women against
discrimination then must necessarily be located within Nigerians particular
historical experience form the pre-colonial and to contemporary times. The
international human rights literature tends to view discrimination as been
conceptualization as involving the denial of self determination to women. The
discrimination as resulting from the creation, maintenance and perpetuation of
structures of inequality against women as opposed to men. The legislative and
governmental discrepancy of being more responsible to the international regime
of human rights, do not pay sufficient attention to indigenous philosophies and
traditions about respecting human rights, perpetuating the notion that the only
way to generate human rights in Nigeria is to blame all contemporary human
rights abuses on the persistence of traditional mores.
1.3 RESEARCH QUESTIONS
This research work tends to poise the
followed questions;
·
What are the roles and contribution of
the convention against all forms of discrimination against women and its effect
on Nigeria women?
·
What is obtainable in Nigeria as regards
access to justice in issues pertaining discrimination against women?
·
What are the cultural, traditional and
ethnic barriers limiting the basis for the accession of the convention in
Nigeria?
·
In what ways, have structures of
inequality been created in the
society and how do these structures affects the role of women in contemporary
Nigeria?
·
How is compliance with existing law to
be enhanced in order to generate
practical results?
1.4 OBJECTIVE OF THE STUDY
1. This research work seeks to identify various
forms of discrimination against women in Nigeria
2. This research work further seeks to identify
and find out the factors responsible for the discrimination against women and their
rights in accordance with international, domestic and cultural laws.
3. The research work also tends to identify the
role of the international convention on the elimination of all forms of discrimination
against women on the rights of women in Nigeria.
4. The research work seeks to identify the
various rights of women in Nigeria and
all other applicable statutes regarding human
right specifically discrimination against women.
5. The research work most importantly seeks to
strengthen the applicability, ratification of the convention to eliminate discrimination
on the rights of women in Nigeria and the measures that should be undertaken by
the government and private sector to redress the menace.
1.5 RESEARCH METHODOLOGY
With regards to
this research work, materials will be drawn from sources which have been
classified to primary and secondary sources.
Under
the primary sources, reference will be made to various textbooks on rights of
women, fundamental human rights case books, journals and statutory enactments
most importantly the convention on the elimination of all forms of
discrimination against women 1948.
The
secondary sources include the views of various legal scholars and articles on
the topic of discrimination against women in Nigeria, there is also reference
to quite a number of internet sources and also newspaper reports and articles.
1.6 SIGNIFICANCE OF THE STUDY
This
work after all research and analysis aims to achieve certain aims and solve
problems which are being encountered by Nigeria women in all works of life.
This study aims to provide solutions
which include;
·
The adequate and equitable
representation of all women all over
the country in all respects of our national life, the affirmative action of proportionate representation of not
less than 30% will be pursued.
·
Pursuing legislation for the abolition
of all forms of harmful practices
against women.
·
Empowerment of women through sustained
advocacy main streaming women
concerns and perspective in all policies and programmes.
·
Domestication of all United Nations
resolutions bothering on The
Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW).
·
Incorporation of the CEDAW Act in
Nigeria being pursued with giant strides
1.7 SCOPE OF THE STUDY
The
areas covered in this research work are basically issues pertaining to the
rights of women in Nigeria with particular reference to the international
convention on the elimination of all forms of discrimination against women.
This is the geographical scope of the study.
The
various forms of discrimination against women in all works of life from rural
areas to constitutional and work place discrimination with particular insights
from jurists and eminent scholars on human rights. The reason for which this
research is carried out is a result of the high increase in discriminatory
practices against women in Nigeria in relation to property acquisition and
intestate matters.
Furthermore,
the barrage of reservation by state parties to the convention based on cultural
affinities and religious sentiment to the convention based on cultural
affinities and religious sentiments which offer them a loophole to easily
escape from the very essence of the convention. The research work tends to
align the varying concepts, issues and ground work available to proffer a
relative solution to the issues of discrimination against women in Nigeria.
1.8 LIMITATION OF THE STUDY
The
issue of discrimination against women is a well known human right situation
with the convention on the elimination of all forms of discrimination against
women being a renowned international convention is basically a law on paper
which has no weight attached to it by the state parties.
In
Nigeria as a case study, the CEDAW Act has little or no legal backing in terms
of enforcement therefore making it very tedious to carryout research, the
unavailability of adequate case laws to support the research work is as a
result of non implementation of CEDAW.
Furthermore,
lack of statistical data in the area of domestic violence, prostitution and
women and children’s health limited the research work as empirical research was
not attainable.
[1] N Universal declaration of
fundamental human rights 1948
[2] Organization of Islamic countries
[3] Convention on the elimination of all forms of discrimination
against women
[4] Section 42, Constitution
federal republic of Nigeria 1999.
Click on the related links below and read more.
We can keep you updated on this information, please Subscribe for Free by entering your email address in the space provided.
Do you like this article? Share this article