The Violence Against Persons Prohibition Act, the Maputo Protocol and the Rights of Women in Nigeria

C, Ngozi; Iyioha, Irehobhude O.; Durojaye, Ebenezer

doi:10.1093/slr/hmx009

Cited by 5 publications

(8 citation statements)

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“…In the Nigerian Violence Against Persons (Prohibition) Act of 2015, domestic violence has been defined as, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (Ngozi et al, 2018):…”

Section: Domestic Violencementioning

confidence: 99%

“…It has been in existence for a very long time. It bluntly, trips women of their most basic human rights, the right to safety in their homes and community, and carried to the extreme, it may kill, despite its cost in lives, health, economically wellbeing and work productivity and its impact on other social-economic variables, domestic violence tended and still tends to be a "Crime of Silence" (Ngozi et al, 2018). This ensures that information"s about domestic violence is sketchy and as a consequence, the perpetrators often escape accountability and continue to commit violent acts.…”

Section: Domestic Violencementioning

confidence: 99%

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Domestic Violence Against Women in Nigeria: A Philosophical Study

Abakare

2021

j. sosialisasi.

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Family, apart from providing security and emotional support should provide the most secure environment for an individual to grow. However, domestic violence is largely evident in the Nigeria families and societies. Although, women are worshipped as deities at home in some cultures in Nigeria, they are also treated as second class members of the family. This is largely due to the patriarchal nature of the Nigerian society. The essence of this work is to investigate domestic violence against woman in Nigeria. This work discovers that the lack of physical power leads to general timidity in women. This work discovers that domestic violence is perpetrated by family members against women in the family, ranging from single assault to aggravated physical battery, threats, intimation, coercion, stalking, humiliating verbal use, forcible or unlawful entry, sexual violence, marital rape, dowry and even female genital mutilation. This work is of the opinion that domestic violence bluntly trips women of their most basic human rights, the right to safety in their homes and community and should be discourage.Family, apart from providing security and emotional support should provide the most secure environment for an individual to grow. However, domestic violence is largely evident in the Nigeria families and societies. Although, women are worshipped as deities at home in some cultures in Nigeria, they are also treated as second class members of the family. This is largely due to the patriarchal nature of the Nigerian society. The essence of this work is to investigate domestic violence against woman in Nigeria. This work discovers that the lack of physical power leads to general timidity in women. This work discovers that domestic violence is perpetrated by family members against women in the family, ranging from single assault to aggravated physical battery, threats, intimation, coercion, stalking, humiliating verbal use, forcible or unlawful entry, sexual violence, marital rape, dowry and even female genital mutilation. This work is of the opinion that domestic violence bluntly trips women of their most basic human rights, the right to safety in their homes and community and should be discourage. Keywords:Domestic violence, Women, Patriarchy, Nigeria.

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Section: Domestic Violencementioning

confidence: 99%

Section: Domestic Violencementioning

confidence: 99%

Domestic Violence Against Women in Nigeria: A Philosophical Study

Abakare

2021

j. sosialisasi.

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“…One subset of literature on the gap between laws and practice argues that the structure of individual laws impedes implementation. For example, prior to the passage in 2015 of the Violence Against Persons Prohibition Bill (Ngozi et al 2017) in Nigeria, laws criminalizing violent acts against women, such as rape, had such high burdens of proof that victims were unlikely to win court cases (Eze-Anaba 2007). 4 Even after the newer comprehensive law was passed in Nigeria, its requirement that victims of rape produce four witnesses to testify in court (Ngozi et al 2017) ensures that the law itself impedes women’s efforts to seek justice.…”

Section: The Gap Between Law and Practicementioning

confidence: 99%

“…For example, prior to the passage in 2015 of the Violence Against Persons Prohibition Bill (Ngozi et al 2017) in Nigeria, laws criminalizing violent acts against women, such as rape, had such high burdens of proof that victims were unlikely to win court cases (Eze-Anaba 2007). 4 Even after the newer comprehensive law was passed in Nigeria, its requirement that victims of rape produce four witnesses to testify in court (Ngozi et al 2017) ensures that the law itself impedes women’s efforts to seek justice. Furthermore, Shalhoub-Kevorkian finds that cultural ideas about women’s honor are built into the criminal justice system in Palestine, excusing men, but not women, from violence when they are defending family honor and allowing men to escape punishment for femicide (2002).…”

Section: The Gap Between Law and Practicementioning

confidence: 99%

The Impact of Adjacent Laws on Implementing Violence Against Women Laws: Legal Violence in the Lives of Costa Rican Women

Adamson¹,

Menjívar²,

Walsh³

2020

Law Soc. Inq.

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Most scholarship addressing implementation gaps of violence against women (VAW) laws focuses on countries with high levels of violence in the lives of women—accompanied by weak policing and judicial responses. These studies tend to argue that the most egregious forms of political or social violence explain this gap. However, there has been little attention to countries with lower levels of gender-based violence and relatively responsive state institutions. We analyze the application of VAW laws in Costa Rica, with a focus on the impact of adjacent laws, or laws that are seemingly unrelated to VAW laws but are applied in tandem with and often in conflict with VAW laws. Based on a decade of fieldwork in Costa Rica, we argue that adjacent laws on land, labor, and immigration can be leveraged in ways that undermine the interpretation and implementation of VAW laws. These failures constitute legal violence: the normalized but cumulatively injurious effects of laws that can result in various forms of violence. While legal violence causes implementation gaps in almost every country, our case study reveals that the underlying sociolegal system upon which these laws rest contributes to a significant gap between VAW laws and practice.

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“…Like DEVAW, 90 the protocol prohibits marital rape which is still not an offence in Nigeria. 91 Female genital mutilation is only specifically prohibited under VAPPA and some Nigerian States' laws that apply only to the affected States but these laws lack adequate implementation. 92 Therefore, the practice goes on unabated.…”

Section: International Anti-discriminatory Instrumentsmentioning

confidence: 99%

Protecting women from violence through legislation in Nigeria: Need to enforce anti-discrimination laws

Arowolo

2020

International Journal of Discrimination and the Law

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Violence against women is a commonplace and widespread phenomenon in Nigeria. It results from multifarious factors the major ones being gender discrimination/male chauvinism, despite the ratification of major international anti-discrimination laws and the enactment of national laws that prohibit violence. Preliminary investigations reveal among others, that these ratified international anti-discrimination instruments are not yet domesticated into law, while some of the national laws condone violence against women, as encouraged by the patriarchal nature of the Nigerian society which is influenced by culture and religion as enshrined within the plural Nigerian legal system. The article highlights the major Nigerian Federal legislation and their failure to adequately combat violence against women. It argues that the domestication and enforcement of CEDAW and other relevant international anti-discrimination instruments, a review of extant Nigerian laws, and the abolition of Nigerian societal practices and other obnoxious beliefs can lead to adequate protection of women from violence.

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The Violence Against Persons Prohibition Act, the Maputo Protocol and the Rights of Women in Nigeria

Cited by 5 publications

References 0 publications

Domestic Violence Against Women in Nigeria: A Philosophical Study

Domestic Violence Against Women in Nigeria: A Philosophical Study

The Impact of Adjacent Laws on Implementing Violence Against Women Laws: Legal Violence in the Lives of Costa Rican Women

Protecting women from violence through legislation in Nigeria: Need to enforce anti-discrimination laws

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