FACULTY OF LAW
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Item An Examination of the laws discriminating against women in Nigeria and ways of addressing it.(Centre for African Settlement Studies and Development, 2018) Ekundayo, O.S.Item An Examination of the laws discriminating against women in Nigeria and ways of addressing it(2018) Ekundayo, O.S.The paper examines the discrimination and disempowerment that Nigerian women face throughout their lives. It also provides an outline of what must be done to eliminate gender discrimination and empower women and girls in Nigeria. By addressing inequality in this way, it is necessary to have a fuller understanding of the theory compared with the reality and what to do about it. The paper begins by examining the status of women in Nigeria today and then proceeds to discuss how gender equality will move women and girls forward and how enforcement of women's rights will ultimately produce dividend: namely, advancing the rights of both women and children especially girls. The premise on which this is based is that when women are educated and able to take the opportunities life affords them, then their children thrive and the country flourishes. This paper also provides two main reasons as to why it has focused on gender equality in discussing the state of women in Nigeria: Firstly, gender equality furthers the cause of economic development and secondly, gender equality is essential to creating - a world of peace, equity, tolerance, freedom, respect for the women folk and children It is pointed out that general and discriminatory legislative ineffectiveness also creates a climate that is conducive to discriminatory practices against women, therefore society sees no evidence of willingness by the State. It highlights the persistence of gender inequalities, the power relations that support these inequalities and the everyday processes through which inequalities are reproduced and normalised. It concludes that Nigeria needs to take effective action to sanction the discriminatory acts that are practiced in the country. There are two reason why I have embarked on this study, first is because to effectively address the marginalisation of women in Nigeria, a female perspective and presence is essential and I think I should be capable to do this. Second, bearing in mind that one of the targets of Sustainable Development Goals (SDG) 2030 is to end all forms all forms of discrimination against women and girls everywhere must be attainedItem Legal issues in adolescents’ rights under medical treatment as a constituent of right to health(2018-01) Ekundayo, O.S.The paper intends to contribute in facilitating the implementation of adolescents’ right within the myriad instances of daily decision making by the medical personnel which touch and concern the health of the adolescents. This paper has provided a comprehensive and detailed account of the law and practice of adolescents’ rights as it relates the patient, parents, and medical personnel showing that none of them has absolute power when it comes to medical treatment. It is concluded that the adolescent rights do not prevent interventions that will protect the adolescent front adverse health consequencesItem Legal and policy considerations in the realisation of right to free and compulsory primary education in Kenya(2018) Ekundayo, O.S.Intemationally considerations have been given to the need for nations to ensure that there is development in education. Right to education should be promoted and enhanced through the employment of laws and policies. Therefore, the United Nations Declaration on Human Rights (UNDHR), International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC) are international best practices that can be invoked to compel the realisation of right to free and compulsory primary education. To realise this from a domestic perspective will require the govemment to consistently fashion out policies and laws for the realisation of free and compulsory primary education. Kenya is one of such countries that have translated these international best practices on the right to free and compulsory primary education through its domestic laws. In particular, the Constitution of Kenya 2010, Basic Education Act and Children’s Act 2001 have set the pace for the realisation of the right. This article seeks assess the policy and legal considerations as motivating factors for supporting the realisation of right to free and compulsory legal education in KenyaItem The proliferation of low-cost private schools: a new challenge to the enjoyment of the right to free education in Nigeria(2017) Ekundayo, O.S.During the past decades, low cost private school phenomenon has gained popularity and increased visibility in Nigeria. These private schools are competing with free public schools run by the government. They are profit oriented enterprises, and claiming to be making quality education available to millions of children who would have been out of school as a result of costs. The resulting effect of this influx is, private education flourishing as an attractive business with minimal control and supervision by the government. This has negative impact as it undermines the right to education. Capitalising on the inability of governments to cope with rising demands on public learning, private education providers are mushrooming, which is an indictment on the government for its failure to meet its Obligation to provide universal free and quality primary education for all its children. It is this unfortunate reality that this paper seeks to bring to light. It then concludes that the low-cost schools are no more than profiteering ventures disguised as philanthropy. Their proliferation is an assault on the very essence of public education and education as a human rightItem Analyses and recommendations for legal regimes of children's right to safe drinking water(Nigerian Association of Hydrogeologists, 2017-11) Ekundayo, O.S.; Adebisi, N.O.Studies which discussed the groundwater quality and, management have been duly published. However, little or no attention is paid to on how policy and standard affect the children's access to portable water in Nigerian hydrogeological literature. Considering contamination, depletion and unequal distribution of water, about 1.8 million children die of diarrhea and other water-borne diseases every year. Unfortunately, water has not been clearly stated as a human right though, it sits at the very essence of the right to life and other fundamental human rights. The right to water needs be recognized in a wide range of international documents, including treaties declarations and other standards. The textual study of literature, and legislation to appropriate lawful endorsement of water to satisfy the needs of the children population were made use of in this study. The ma r focus is on children's entitlement to water facilities under international laws. It also incorporates broader water- related rights in a more holistic interpretation of existing international human rights law. Access to safe water and basic sanitation is recommended to be a legal entitlement, rather than a commodity or service provided on a charitable basis. In addition, hydrogeological contribution for technical support of legal regimes will better provide children with portable water supply. The right to water should clearly fall within the category of fundamental human rights essential for securing an adequate standard of living for children, particularly as one of the most essential conditions for survivalItem Does the African charter on the rights and welfare of the child (ACRWC) only underlines and repeats the convention on the rights of the child (CRC)’s provisions?: examining the similarities and the differences between the ACRWC and the CRC(Center for Promoting Ideas, 2015-07) Ekundayo, O.S.The Convention on the Rights of the Child (CRC) is the first legally binding international instrument to address specifically children’s rights comprehensively. It is'the most widely ratified human rights treaty in the world. The African Charter on the Rights and Welfare of the Child (ACRWC) was adopted in 1990. It is designed to retain the spirit as well as substance of the letter of the CRC while at the same time having special provisions guided by the situations in Africa. There are several similarities in the provisions of the two child's rights instruments. The paper examines the question whether there is need for a regional treaty on the rights of the child apart from the CRC which is global. The objective of the paper is to show whether both treaties have complemented and reinforced each otherItem The Nigerian child rights act 2003: its strengths and weaknesses(2014) Ekundayo, O.S.The enactment of the Child’s Rights Act 2003 (CRA) is an indication of Nigeria’s attempt to fulfil its obligation under the UN Child’s Rights Act (CRC)‘ and the African Charter on the Rights and Welfare of the Child (ACRWC)1 by domesticating these two treaties which specifically protect the rights of children.1 The paper aims to show the extent of the country’s conformity to its obligations under the CRC and the ACRWC. It critically analyses the CRA whether it conforms to the standards contained in these child rights treaties by examining the core provisions in the CRA. It is revealed that some aspects in the Act need to be reviewed to bring it into full compliance with international child rights law standards.On balance, the CRA guarantees and protects in numerous ways the rights of children in NigeriaItem Examining the legal protection of social and economic rights of children in Nigeria(Department of Private and Business Law Faculty of Law, University of Ibadan, 2013) Ekundayo, O.S.This paper begins with an examination of sociological conditions in Nigeria, followed by a review ofthe traditional arguments of the adoption of a rigid Classification of social and economic rights which puts them, by definition into positive rights. It then examines the socio- economic rights obligated under the Convention on the Rights of the Child (CRC), African Charter on the Rights and Welfare ofthe Child (ACRWC) the African Charter on Human and Peoples' Rights (ACHPR) and the International Covenant on Social and Economic and Cultural Rights (IECSCR). The paper then examines and analyses the domestic frameworks for the Implementation of social and economic rights of children. It argues that the government's refusal to consider social and economic rights as justiciable rights amounts to a deprivation of the safeguards obligated by the international treaties to which children in Nigeria are entitled. The paper discusses that the enforcement of social and economic rights depends both on the language of constitutional rights and the willingness of the judiciary to review the constitutionality of legal rules related to social rights. The paper illustrates that courts in some jurisdictions such as India and South Africa have found ways of protecting social rights either directly, through determining the minimum content of a right, or indirectly, through other rights that are justiciable. A comparative analysis with other jurisdictions is carried out to support this assertion. A comparative jurisprudence is instructive in order to guide the state, so that it can draw examples from other jurisdictions. White noting that in Nigeria there is a lack of a judicial tradition of enforcing social and economic rights, it demonstrates that judges in India and South Africa are generally receptive to injunctive and precautionary procedures in urgent socio-economic rights cases. The purpose of this paper is to develop a more precise understanding of the noture of the state's obligations concerning social and economic rights of children in Nigeria. The central outcome of the paper are twofold; first it sheds light on the existing realities about the protection of socio-economic rights o; children in Nigeria with the hope that at the end of the expose a solution will be proffered that might be considered by future policy makers. Second, it shows the urgency for protection and Provision of basic necessities of life for children. The paper concludes that the protection of social and economic rights of children in Nigeria is inadequateItem Effective law reporting in Nigeria in the new millennium(2002) Ekundayo, O.S.