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ABSTRACT
This research is entitled “A Study of Domestic Implementation in Nigeria of the Concept of Gender Equality Under International Law”. The Research started by way of introduction by explaining that the Nigerian societies are patriarchal in nature. The researchstudied domestic implementation in Nigeria of the concept of gender equality under international law. The sources of information used in this research are relevant justification of this research is that despite the availability of the various laws at the different levels (that is international, regional and domestic) there still exist to a large degree of unequal treatment between the female and male in the society. In the light of this, the objective of this research is to identify the adequacy as it is. Thus, in the course of this research, it was found (among others) that failure women (CEDAW) as principal instrument on this subject matter necessitated the wrong practice as it is. Finally, this research was concluded by recommending that domestication of CEDAW a necessity for the government and other relevant stakeholders as a basis for combating inequity in Nigeria.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Backgroundto the Study
Nigeria society like most societies in the world is patrilineal and patriarchal. Although, the
level of this patriarchy may differ in relative terms from Nigeria one community to another.
The question of the “universal” (equal) or „relative‟ (contingent) character of the rights
declared in the major instruments of the human rights movement has been a source of debate
and advocacy from the beginning when the movement‟s started. The contest between these
positions look on renewed vigour as human rights movement slowly developed and reneged
on making specific provision on gender issues.1 There have also been diverging theories on
the sovereign autonomy of a state to follow it own paths in this matter. For example, the
universal theory of human rights claims that the rights to equality and equity enshrines in
international treaties must be applicable all over the world in the various domiciliary legal
system, even in societies that are fundamentally cultural, religious and or customary.2 In
those arguably patriarchal societies such as Nigeria (and in sub-Saharan African in general),
laws, rooted in customs and traditions often discriminate against women.3
These discriminatory trends against Nigerian and African women are violations of the
fundamental human rights against discrimination, a right recognized in a number of core
international human rights instrument. The status accorded to women relative to men is a
low one. Such status difference almost and or always translates into unequal recognition and
1 Steiner J and Alston P (2000) International Human Rights in context: Law, Politics and Moral p. 312 2 Ibid. p 161
3 Elizabeth D. and Birgit E. (2010) “Securing Land Rights for Women” 4 Vol. 1 Journal of Eastern African Studies p.91 @ 98.
1
treatment of the two sexes in various ways. Quite often, this inherent prejudice has meant
discrimination and disadvantages against women in various spheres of human endeavours.
The Nigerian communities being patriarchal societies believe that the traditional role of a
woman is that of a child bearer, home keeper, comforter, and food provider for husband,
children and at large presupposes that the propagations of the male as the superior sex for
purpose of politics, participation and power relation including family and social decision
making. Nigerian women constitute the majority of the peasant labour force in agricultural
sector, while most of the others occupy bottom of occupational ladder and continue to
channel into services and domestic occupation.Politically, Nigerian women are negligible
and undermined force with little political involvement.4
In most Nigerian communities, women have no right to land, inheritance of family property
and equal opportunity. For instance, some Igbo customary law rules carry the practice further
that, when a father or a husband dies, it is purported that only the son(s) have the right to
inherit him while the daughter(s) and wives are treated as some forms of chattel.5Whileunder
Islamic law, a daughter or wife is given the right to inherit her father or husband but her
share of the inheritance is half of her male counterpart.6
It should be noted at this juncture that the rights given to Nigerian women had been properly
examined in the decided case of OnyiborAnekwe and Anor vs. Mrs. Maria Nweke7 where the
Supreme Court held that Nigerian customs which disinherit women are repugnant to natural
justice, equity and good conscience and should therefore not be allowed to stand. The
4Omonubi, M.M (2003) Gender Inequality in Nigeria, Spectrum Books Ltd. Ibadan, p.65 5Asika vs. Atuanya (2008) 17 NWLR (pt 1117) p. 286
6 Q4 verse 11
7 (2014) LPELR 22697 (SC)
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