The Need for The Entrenchment of Marital Rape in Nigeria’s Criminal Jurisprudence (Published)
The need for the entrenchment of marital rape in Nigeria’s criminal jurisprudence is a pressing issue that requires urgent attention. Marital rape refers to any non-consensual sexual activity perpetrated by a spouse against their partner within the institution of marriage. Despite being a prevalent form of gender-based violence, marital rape is not explicitly recognized as a crime under Nigeria’s legal framework. This paper examines the need for the entrenchment of marital rape in Nigeria’s Criminal jurisprudence. Marital rape is rampant in Nigeria, just like any form of rape. Marital rape victims have experienced a lot of psychological trauma, depression, emotional imbalance; the experience has resulted in divorce, medical, physical and mental health to its victims. Unfortunately, marital rape victim is unable to report their victimization to the appropriate authorities, this is because there is no law criminalizing marital rape in Nigeria. This paper further looks at the historical review of marital rape exemption, the theories about the exemption and need to criminalize marital rape in harmony with other jurisdiction. The paper therefore recommended the imperatives steps towards protecting the rights and well- being of individuals within the institution of marriage and legal support for victims of gender-based violence.
Keywords: Jurisdiction, Nigeria, Rape, Women, sexual intercourse
Women and Gender Equality in Chinese Law Today (Published)
The path towards equality of the sexes before the law has been a long road for China; one whose twists and turns have been sharp and crooked, and whose dips and crevices have been deep. China has made great strides down this road, but there is much ground yet to cover. Women in the world of Chinese law today are far better off than their counterparts a generation, or even a decade, ago; yet true gender equality has yet to be achieved. This paper analyzes the status of women in the law in China. It takes the form of a literature review of both Chinese and English language sources on the subject, drawing primarily from scholarly journals analyzing the subject going back as far as the late 1800s. This paper looks primarily at the status of women in the legal academy and profession, but also delves into the world of civil (that is, family or domestic) law in China and the current situation of the average female litigant in disputes in this area. In both instances, the status of women has been found to be disadvantaged in comparison to that of men. The literature finds that the laconic state of women persists today largely due to entrenched cultural norms and perspectives regarding the role of women as subordinate to men, pressures resulting from a China that has and continues to undergo massive societal and economic transition, and uniquely also from modes and norms of communication and power-sharing (such as “guānxī” and “face”) that seem to disadvantage women socially. These factors act as a countervailing force against more progressive trends that seek to build a more inclusive legal world for women in China, whether stemming from the rhetoric of the Communist Party or from the newer free market model which China has adopted. Progress towards gender equality in the law in China has been substantial, but is still wanting.
Keywords: Divorce, Feminism, Law, Women
Human Right Issues and Women’s Experiences on Demanding Their Rights in Their Communities: The Way Forward for Nigeria (Published)
The renaissance humanism era of the early modern period ushered in the belief that everyone, by virtue of his or her humanity is entitled to certain human rights. These rights therefore accrue to people by virtue of their humanity and some of these rights are so fundamental that violation of any of them attracts an action of enforcement by the aggrieved person. These rights are enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. The extent of the protection of these rights for some members of the Nigerian population especially women, remains uncertain, doubtful and a seeming mirage because its protective powers have been thwarted by long standing discriminatory and cultural norms and practices in relation to women. This paper will look at the violations and the precarious position of women in rights issues. It will also x-ray some experiences of women in quest of these rights in their communities. The paper will also proffer recommendations as a way forward.
Keywords: Experiences on Demand, Human Rights, Women
APPRAISAL OF CULTURAL VICES AFFECTING WOMEN AND CHILDREN HUMAN RIGHTS IN NIGERIA (Published)
The crux of this paper aimed at defining the concept culture and Human Rights, and to large extend analysis the various cultural factors under mining the smooth thriving of women and children rights currently, the cultural factors are, widowhood rites, female genital mutilation, early/forceful marriage, bride price, son preference/female infanticide, levirate marriage, ritual killing, wife beating, inheritance of wife, woman in purdah, on the part of the children are twins killing, child witchcraft ,child labour, street begging, child trafficking and finally possible solutions to ameliorate such cultural barriers by way of recommendation and conclusion.
Keywords: Cultural Vices, Human Rights Nigeria, Women, children
VICTIMS OF VIOLENCE: AFRICAN WOMEN AND THE CONSEQUENCES OF WAR, AN APRAISAL OF VIOLENCE IN THE SIERRA LEONE CIVIL WAR (Review Completed - Accepted)
Women in all ages in different countries have been victims of violence, particularly violence emanating from wars. In Africa, women have had to contend with rape, loneliness, shame and rejection among others. The Sierra Leone Civil War brought to the attention of the world the bestiality of the male folk. Although it affected all members of the Sierra Leonean society, its effects on women were more devastating. This paper examines the violation of the rights of women in the Sierra Leone Civil War; the role played by the rebel movement, government forces and civil defence corps in gender related abuses; and find out why women are more vulnerable to rights violation in armed conflicts particularly in Sierra Leone. The methodology adopted was based on secondary sources. Our findings are that women were raped, brutalized and murdered and in some cases abducted and used as sex slaves. The study recommended that perpetrators of war crimes particularly against women should be severely punished to deter others.
Keywords: Gender, Sierra Leone, Violence, War, Women, conflicts.