A CRITIQUE OF THE LEGAL AND INSTITUTIONAL FRAMEWORK ON GENDER BASED VIOLENCE IN NIGERIA

Abstract

Despite the Clear and unambiguous provisions of Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 Cap. C23 Laws of the federation of Nigeria, 2004 (as amended 2011) which prohibit the discrimination of Women on the ground of sex or gender and most International and regional Instruments some of which have been adopted and ratified by Nigeria, the female population still experience some form of gender-based violence that prevents them from enjoying to the full the free gift of nature that has been endowed upon them by birth as a result of their sex.� Gender based violence refers to any socially injurious action, threat of such action or omission against a person on the basis of their gender. Although both men and women experience some forms of gender-based violence in their lives, women are much more vulner�able, hence most organisations refer to gender-based violence as violence against women. Gender-based violence is pervasive and exist in the form of domestic violence, sexual violence, emotional abuse, widowhood practice, human trafficking amongst others. This research thus examines the legal and institutional framework on gender-based violence in Nigeria. The aim is to examine the effect of gender-based on women and children in Nigeria and how the prevalence of culture, norms have served as a driver of these negative trends over the years. It adopts the doctrinal methodology relying on primary and secondary sources. The research findsthat gender based violence can constitute a crime under State law as well as under International law However, only few perpetrators of gender-based violence are prosecuted and punished for their crimes as a result of some challenges like lack of awareness of the pain that women undergo,Poverty and illiteracy, high cost of litigation in Nigeria, Delay in Prosecution of Cases and social and cultural norms accepted as a way of life in Nigeria. The research �thus recommends and suggests that There should be creation of� awareness campaign by the Ministry of Information and other Information agencies on the dangers and consequences of Gender Based Violence, that Political Parties should be encouraged by the government to give equal opportunities to both men and women during elections, that there should be equal education between men and women, that there should be full implementations of the existing laws against gender based violence by the Nigerian Police and other law enforcement agencies and that there should be quick dispensation of justice and reduction in the cost of litigation in Nigeria. The study concludes that Peace and tranquility can only exist in the Nigeria society if the battle against gender-based violence remains a matter of top priority for the government.

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urn:uuid:8c7ebf83-4e2e-4988-bc42-0d13031011d0