Powered by OpenAIRE graph
Found an issue? Give us feedback

Breaking Boundaries: A Critical Analysis of Nigerian Legal Mechanisms in Alignment with International Human Rights Law

Funder: UK Research and InnovationProject code: 2927414
Funded under: AHRC

Breaking Boundaries: A Critical Analysis of Nigerian Legal Mechanisms in Alignment with International Human Rights Law

Description

Breaking Boundaries: A Critical Analysis of Nigerian Legal Mechanisms in Alignment with International Human Rights Law to Ensure Access to Justice and Education for Women Affected by Armed Conflict In the context of the Boko Haram insurgency in Nigeria, women's right to education, have been systematically violated through abductions, school displacement, sexual violence, forced marriage. (Bertoni, 2019:5-6).Simultaneously, women who seek for justice encounter obstacles due to displacement and a weakened state justice system (Campbell, 2016:129). Despite court resumption, slow prosecution persists, along with financial burdens and enduring stigma. This highlights the Nigerian government's failure to uphold women's rights under international human rights law(IHRL). By ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),Nigeria assumes an obligation to address and provide remedies for women's rights violations proportionate with harm severity (Eide, 1989:35). Remedies, including reparations and accountability measures, are essential for a holistic post-conflict response, encompassing socio-economic factors, school reconstruction, scholarships, and prioritisation of reparations for victims' well-being (Torres, 2021). Notably, granting amnesty to Boko Haram members without proper redress contradicts transitional justice principles, risking further violence against women (Omonobi,2021). Additionally, the lack of incorporation of CEDAW into Nigeria's national legislation poses a challenge to enforcing women's rights to education and justice domestically. The research seeks to address the following questions: 1. What gender biases manifest in Nigeria's legal mechanisms regulating women's rights and to what extent, they undermine access to justice and education? 2. Does Nigeria's legal framework for women abide by international law standards and if they don't, how can international law be mobilised to challenge biased legislation that undermines women's access to education and justice? 3. To what extent have accountability mechanisms, including legal proceedings been employed in Nigeria to hold both state and non-state actors responsible for the violations of women's rights and what challenges hinder their implementation? The study will use doctrinal methodology to analyse legal rules, relationships between international and domestic laws, areas of difficulty and potential developments (McConville & Chui, 2007). Primary sources include CEDAW and other IHRL instruments addressing women's rights such as the ICESCR, as well as the case-law of judicial and semi-judicial bodies including African human rights bodies (Torres, 2021: 935-961). At the domestic level, the research will focus on the Nigerian constitution, statutes and case law by domestic courts. Secondary sources encompass textbooks, journal, articles (Torres, 2021; Campbell, 2019), government archives, and publications(Amnesty International). The research will apply critical feminist legal theory, to deconstruct potential gender biases that manifest in Nigeria's legal mechanisms regulating women's rights and how they undermine their access to justice and education. This theory contends that male-dominated legal systems require centering women's experiences to challenge purported objectivity of legal principles perpetuating discrimination and injustice against women. (Hartanto, 2019: 351). This research contributes to IHRL discourse by providing a novel understanding of how gender biases operate within Nigeria's legal mechanisms, offering a fresh perspective on the intricacies of women's access to justice and education. Its findings will directly influence policy formulation, providing evidence-based recommendations for legal reforms to protect women's rights in conflict and post-conflict scenarios, women empowerment and peace building aligning with IHRL principles.

Data Management Plans
Powered by OpenAIRE graph
Found an issue? Give us feedback

Do the share buttons not appear? Please make sure, any blocking addon is disabled, and then reload the page.

All Research products
arrow_drop_down
<script type="text/javascript">
<!--
document.write('<div id="oa_widget"></div>');
document.write('<script type="text/javascript" src="https://www.openaire.eu/index.php?option=com_openaire&view=widget&format=raw&projectId=ukri________::47c3ae6254ca0d226f3331d15f696080&type=result"></script>');
-->
</script>
For further information contact us at helpdesk@openaire.eu

No option selected
arrow_drop_down