M O A Ashirua1
a1 Lecturer, Faculty of Law, Obafemi Awolowo University,
Ile-Ife, Nigeria, LLB, LLM
This
paper considers how the law in Nigeria discriminates against women in
respect of the distribution of property on divorce.
It
also discusses whether international or regional instruments which have
been ratified by Nigeria have helped eliminate discrimination against women
in this regard. Although Nigeria has signed and ratified various
declarations and conventions concerning women's rights, and has a
constitution which guarantees these rights, women continue to experience
discrimination in Nigeria.
Negative aspects of culture in
Nigeria play a part in this discrimination.
Regarding property rights in
Nigeria, acquisition of property is a means by which one may access wealth.
It is a form of security that in most cases determines one's position in
society.
The law on distribution of
property on divorce in Nigeria ignores the different economic roles that
each spouse plays in marriage. Unfortunately, it is the negative aspect of
culture and religion that has a great influence on how municipal
laws on the African continent are enforced.
Nigeria seriously needs to
review municipal laws and policies in the area of distribution of
property on divorce and bring same into line with obligations of Nigeria
under international and regional instruments. The fact that
Nigeria has signed and ratified treaties such as CEDAW and the CEDAW
Optional Protocol, and the African Charter and its Protocol, means that
Nigeria is obliged to ensure that domestic laws are not inconsistent with,
or in violation of, them. It is hoped that with treaty bodies as the
African Court, Nigeria and other African countries will abide by their
obligations.
Past records have shown that
women have hardly used the mechanism procedures provided in international
human rights instruments. It is not sufficient just to enact laws which
affirm the principles of equality and non-discrimination, but women must
also be given access to justice as laws alone do not necessarily change
beliefs. It means education of both men and women on these laws. For
women, it means eliminating discrimination and increasing their
self-esteem.
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