FACULTY OF LAW

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Start date: 2010Subject: search.filters.subject.Human rights

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    Fundamental rights (enforcement procedure) rules 2009: a paradigm shift in human rights protection in Nigeria?
    (David Publishing Company, 2013) Onakoya, O.
    Human rights are natural and inalienable to human beings generally, irrespective of tribe, creed, colour, sex and whatever description. The I960 Independence Constitution of Nigeria introduced a pivot Provision into the Constitution of the country by expressly providing for items classified as ''Fundamental Human Rights", which other subsequent constitutions, namely, Constitution of the Federal Republic of Nigeria 1963, 1979 and 1999 were modeled after. The Rights, that is the fundamental human rights which is present by contained in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 is no doubt a lofty Provision which traverse almost every areas of human activities which should ordinarily be protected. However, since it is generally believed that "a law is no law except it is capable of being enforced". the Fundamental Rights (Enforcement Procedure) Rules was enacted with the sole purpose of serving as a directive which spelt-out the procedure an aggrieved person must follow in enforcing the relevant provisions on fundamental human rights where same are violated. It is instructive to note that even though the earlier Fundamental Rights (Enforcement Procedure) Rules of 1979 and 2008 were adopted for the purpose of giving life to the relevant provisions of the Constitution yet not much was achieved in this area particularly with respect to the commencement of actions bothering on violation of fundamental rights by the aggrieved persons, not to mention the expensive costs of litigations. The previous fundamental rights (enforcement procedure) rules of 1979 and 2008 respectively appear to have diminished the loftiness of the rights enshrined in chapter IV of the Constitution due to the technicality, awkwardness and bottlenecks in its application. This paper, however focuses on the critical examination of the Fundamental Rights (Enforcement Procedure) Rules 2009 which has its main overriding objectives of (i) expansive and purposeful Interpretation, access to justice; public interest litigation, abolition of objections on ground of locus standi; and expeditious trial of human rights suits among others. The empirical findings of the study and analysis reveal that the 2009 Rules being the thrust of this paper is not only a clear departure from the previous Fundamental Rights (enforcement procedure) Rules but specially designed to enhance human rights protection in Nigeria particularly under the current democratic dispensation.
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    Pre-employment HIV/AIDS test: An emerging trend of discrimination in Nigeria
    (Hybrid Consult, 2010) Lokulo-Sodipe, J. O.
    HIV/AIDS has been around for over a quarter of century. The HIV/AIDS epidemic is one that knows no geographical class, caste, gender and sexual borders. The fear of discrimination has prevented many people from seeking treatment or disclosing their status openly. In the context of employment, PLWHA are often denied employment at the time of recruitment on account of their HIV status. While those already in employment are discriminated against by their co-workers and employers, and their employment are frequently terminated. This paper examines the right of persons living with HIV/AIDS and shall contend that PLWHA should not be discriminated against when applying for employment and in the course of employment
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    Environmental right and human rights enforcement in Nigeria: visiting the nexus and a call for reform
    (Department of Public Law, Ahmadu Bello Universitv. Zaria, Nigeria and The National Human Rights Commission of Nigeria, 2011-07) Akinbola, B. R.; Chinewubeze, C.
    This article examines the right to a healthy environment and human rights generally. It argues that a healthy environment is necessary for the enjoyment of other rights. It concludes and recommends that for enhanced enforcement of environmental right under Nigerian Law; it should be included in chapter IV of the 1999 Constitution.
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    Enhancing the quality of education in Nigeria through a human rights-based approach
    (Faculty of Education, University of Ibadan, Ibadan., 2015) Akinbola, B. R.
    This article articulated an overview of the concept of human rights and its linkages to education. It examine the definition, attributes and classifications of human rights, arguing that, a human right based approach to education is imperative for Nigeria in keeping up with global minimum standards and currency in a globalised world. It outlines the framework of laws on education at the international, regional (African) and national (Nigerian) levels. It notes that the right to education in Nigeria is in Chapter II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 titled: Fundamental Objectives and Directive Principles of State Policy in sections 16 and 17, meaning that the obligation of the government is at the level of objective policy of the state which may not ordinarily be enforced in the same way as the rights in sections 33-46 of the CFRN 1999, for which individuals may sue the government for violation. Since human rights laws define government obligations and mandates in educational provisions and influence national education strategies, the article examine the necessary elements and advantages of a right-based approach to education. It concluded by recommending that it is necessary for Nigeria to integrate and fully implement the rights based education approach at all levels of education in the country to make education holistic.
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    LEGAL FRAMEWORK FOR THE PROTECTION OF POLYGYNOUS REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA
    (2013-06) OLOMOLA, OMOLADE OLUNIKE
    Polygyny, where a man has more than one wife, resulting in the suppression of the reproductive health rights of women, is a relatively common marital practice in parts of the world. These rights have been recognised in many countries of the world, backed up with a legal framework, but their status in Nigeria is yet to be determined. Existing studies on polygynous reproductive health rights in Nigeria have addressed the connection between human rights and health, but have not evaluated the availability and implementation or otherwise of a legal framework for women’s reproductive health rights. This study, therefore, examined the legal framework for the protection of the reproductive health of women in polygyny in Nigeria and assessed the content and operation of the laws and policies. The study adopted the theory of universality of human rights. The primary sources werethe Constitution of the Federal Republic of Nigeria, eight purposively selected Statutes on reproductive rights, 19 International laws and instruments which include 17 Conventions and treaties as well as judicial precedents. Secondary sources were 46 relevant legal texts on reproductive health and marital practices. Data were subjected to interpretive analysis. There was no definitive law or policy on reproductive health rights in Nigeria.The various laws in force in Nigeria addressed different areas of reproductive healthbut did not protect the reproductive health right of women in polygyny. For example, the National Health Policy restricts its provisionto family planning, maternal and child healthcare, and neglectscomprehensive reproductive health issues. Similarly, the National Adolescent Health Policy failed to meet the desired standard because it does not integrate contraception provision into adolescent health programmes. Thus, many of the regulations did not reflect the reproductive health concept and so were inadequate to meet the needs of actualising reproductive rights as contemporarily understood. Though, The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)otherwise, known as the Women’s Convention, was signed and ratified by the Nigerian Government, it hasnot yet been domesticated as part of Nigerian laws, thus impairing the reproductive health rights of women.The provisions of CEDAW are adjudged to be adequate, and they stipulated that all State parties should take appropriate measures to eradicate polygyny and to prohibit same by legislation. Nigeria has however, not implemented any of these measureslargely because of the patriarchal structure of Nigerian societies. Legal writers agreed that culture is dynamic as it provides lenses of perfection and standards of evaluation. Thus, any law that contravenes the cultural order will lack acceptability. Lack of a precise legislation regulating polygyny and the non-domestication of the Women’s Convention have created a lacuna in the implementation of de jure and de facto equality and thus hinders the protection of the reproductive health rights of women in Nigeria. Therefore, a reproductive health legislation which takes into cognisance the cultural diversities of Nigeria and protects women from polygyny-related human rights violations should be enacted. In the alternative, the Women’s Convention should be domesticated in Nigeria.