Law/Judiciary

Enforcing The Rights Of Women

Published

on

Although am not an advocate of gender equal
ity, I strongly believe that the rights of women should be enforced. A right is defined as a power, privilege or immunity guaranteed under a constitution, statute or case law. In moral vocabulary, respect for rights is seen as a matter of justice. Rights can be asserted, demanded or stood upon. The obligations they impose are expected to be performed and their non-performance occasions feelings of indignation, resentment and disappointment.
The African Charter on Human and Peoples Rights (ACHPR) was domesticated in Nigeria in form of the African Charter on Human and Peoples Rights (Enforcement and Domestication) Act Cap 10.1990. This Act makes the provisions of the Charter enforceable in any court of law in Nigeria. Article 18 of the ACHPR states that “the state shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women…..”
Article 21 of the protocol to the charter on Human and Peoples Rights on the Rights of women in African (ratified by Nigeria in 2004) states that “a widow/widower shall have right to inherit each others property in the event of death, whatever the matrimonial regime, to continue living in the matrimonial home”. This provision is a mirage to many widows in Nigeria. Infact the lives of many Nigerian women is yet to attain a commensurate level of improvement, despite the above provision women rank lower than men in all indices of development in the country. Nigerian women suffer violations of their human rights through:
– Violence in the home
– Sexual harassment at school and work
– Rape and defilement
– Hash and punitive widowhood rites
Even though the protocol guarantees women freedom from violence. In reality, there is a prevalence of violence against women in our society. A good example is the case of the abducted Chibok girls who have suffered rape and defilement by their abductors. These girls were suppose to be beneficiaries of the protocol, but see the bitterness, fear, frustration pension and agony they were subjected to. Why was it not Chibok boys, were there no boys in Chibok? Its unfortunate that we find ourselves in a society where the rights of women are not protected and neither enforced.
How can the rights of women be enforced, when even the law enforcement agents inflict violence on the woman they are suppose to protect. The ‘Operation Crocodile smile” in the Niger Delta had its fare share on the Deltan women. This reminded me of a case that was before the Gwagwalada High Court in Abuja, in which a policeman raped two girls. In Odioma community of Brass Local Government in Bayelsa State the story is the same. Also in most parts of Nigeria, female children are still discriminated against on issues of inheritance. With the decision in Mojekwu V. Mojekwu, in which the Court of Appeal declared the “Oli-ekpe” custom of Nnewi, which permits the son or brother of a deceased person to inherit his property to the exclusion of his female children as discriminatory. It was expected that discrimination against women on the issue of inheritance would end. But that was not the case, probably because the decision has not gained nationwide popularity or as a result of poverty, women have not be going to court to assert their rights. Whatever the case may be, for a better Nigeria, we need to enforce the rights of women.

 

Nkechi Bright Ewere

Trending

Exit mobile version