Evaluating the Enforcement of the Rights of Women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979: The Nigerian Experience
- 1 Faculty of Law, Ebonyi State University, Abakaliki, Nigeria
- 2 Faculty of Law, Ebonyi State University, Abakaliki, Nigeria
- 3 Head of Legal Unit, Alex Ekwueme Federal University Teaching Hospital, Abakaliki, Nigeria
Abstract
The 1948 Universal Declaration of Human Rights (UDHR) is of universal application to both men and women. However, this has not satisfied the specific rights of women. The United Nations has addressed this issue with the emergence of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Nigeria is a signatory to Convention despite the widespread abuses of the gender-sensitive rights of women. This work is aimed at evaluating the enforcement of the rights of Nigerian women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979. Regrettably, Nigerian women have continued to suffer physical and emotional abuses, economic deprivations, social inequalities and kindred human rights infractions on account of their gender despite the fact that the country has ratified the convention. In view of the commitment of the Nigerian government by ratifying the CEDAW, it is recommended that the government should ratify and domesticate the Optional Protocol to CEDAW, which permit individual woman to bring her complaint before the CEDAW Committee in the event of violation of her rights. It is also recommended that the government of Nigeria should domesticate the Convention on the Elimination of All Forms of Discrimination against Women to enable individual women to access justice at the national court upon any threat or actual violation of their rights under the instrument.
- Adamu v. A-G Borno State [1996] 8 N.W.L.R. (pt. 465) p. 203.
- Adewale & Ors v. Jakande & Ors (1981) N. C. L. R. 262.
- Alston, P., & Quinn, G. (1987). The Nature and Scope of State Parties’ Obligations under the International Covenant on Economics, Social and Cultural Rights. Human Rights Quarterly, 9, 156-229. https://doi.org/10.2307/762295
- Briggs, O. (2003). Women’s Rights through the Cases (pp. 13-15).
- Brocks v. The Netherlands, Communication 172/1984, April 9, 1987.
- Brown v. Board of Education of Topeka, 347 US 483 (1954).
- CEDAW. The Convention on the Elimination of All Forms of Discrimination against Women.
- CESCR, Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: General Comment No. 16 [2005]; the Equal Right of Men and Women to the Enjoyment of All Economic, Social and Cultural Rights Article 3 of the International Covenant on Economic Social and Cultural Rights) E/C.12/2005/4, 11 August 2005, para 1.
- Chinweze v. Masi [1989] 1 N.W.L.R. (Pt. 97) 254.
- Constitution of the Federal Republic of Nigeria 1999 (as Amended), Section 42.
- Constitutional Court of South Africa, Khosa and Ors v. Minister of Social Development and Ors, 2004 (6) SA 505 (CC), March 4, 2004.
- Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), Article 2.
- ECHR European Court of Human Rights, Wessels-Bergenwoet v. The Netherlands, June 4, 2002 (Gender-Based Discrimination Regarding the Period of Coverage of Welfare Benefits: Paras. 46-55).
- Eruwa v. Eruwa (2002) 4 RCHR 536.
- Evidence Act of Nigeria, 2011, Section 2(1).
- Fiss, M. Q. (1976). Groups and the Equal Protection Clause. Philosophy and Public Affairs, 5, 107-177. https://philpapers.org/rec/FISGAT
- Gaygusuz v. Austria, September, 16, 1996 Paras. 46-52.
- Human Rights Library (University of Minnesota) (2004). Human Rights in the Administration of Justice, International Human Rights Law and the Role of the Legal Profession: A General Introduction, Chap. 2.
- Ilic, Z. (2021). The Convention on the Elimination of All Forms of Discrimination against Women (pp. 265-308). Manual on Human Rights Reporting.