Law/Judiciary

The Rights Of Women

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A right is defined as a power, priviledge or immunity guaranteed under a constitution, statute or case law. Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria is dedicated to Fundamental Rights (enforceable for both male and female). Also the African Charter on Human and Peoples Rights (ACHPR) was domesticated in Nigeria in form of African charter on Human and Peoples Rights (Enforcement and Domestication) Act cap 10 1990. Rights can be asserted, demanded or stood upon.
Article 18 of the African Charter on Human and Peoples Rights (ACHPR) states that “the state shall ensure the elimination of every discrimination against women and also ensure the protection of women …” But this article has been grossly violated by the state. A good example is the list of ministerial nominees presented to the Senate for screening. Out of the 42 nominees, only 7 females made the list. This shows that women rank lower than men in all indices of development in the country. Don’t get me wrong, I’m not an advocate of gender equality. But I strongly believe that the Nigerian women deserve better.
There is a prevalence of violence against women in our society. Section 34 (1) (a) of the 1999 Constitution provides for, right to dignity of human person. But this is scarcely so, because many women suffer sexual and gender based violence. Daily we witness victimisation of our women. They are dehumanised and fraumatized, and this leave them psychologically imbalanced. The silence associated with violence against women is yet to be broken. The trend is assuming a frightening dimension. They no longer wait for them to be full grown women, the girl child is sexually motested on daily basis. Heart breaking stories, that I cannot put down hee. Kudos to the different Non-Governmental Organisations (NGOs) which have lent out their voices to cry against this wickedness.
Aside the gender based violence, with respect to inheritance, women are still shortchanged. Article 21 of the Protocol to the Charter on Human and People’s Rights, on the rights of women in Africa. (ratified by Nigeria in 2004) states that “a widow/widower shall have right to inherit each other’s property in event of death. In reality, this doesn’t come so easily. Women are still subjected to harsh and punitive widowhood rites. Its worthy to note that female inheritance dates back to the Bible days. In Numbers 27: 2-11, it was recorded that the daughters of Zelophehad an Isrealite who died before they got to the promised land, requested for the portion that pertains to their father since he had no son, and they were given.
I must commend the Supreme Court Judegement in the case of Ukege v. Ukeje (2014) 11 NWLR (pt 1418) 884. were the court held that no matter the circumstance of the birth of a female child, such child is entitling to an inheritance from her late father’s estate. This further shows that the discriminating history law is void and it conflicts with section 42 (1) & (2) of the 1999 constitution.
Women in Nigeria contribute to the society; discrimination against them should be discouraged.

 

Nkechi Bright-Ewere

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