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http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=1349188&fulltextType=RA&fileId=S0021855307000320

 

Journal of African Law, 51, 2(2007), 316-331

Gender Discrimination in the Division of Property on Divorce in Nigeria


M O A Ashirua1

a1 Lecturer, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria, LLB, LLM

 

Extended Abstract

 

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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