University of Windsor Scholarship at UWindsor Electronic Theses and Dissertations Theses, Dissertations, and Major Papers 9-5-2018 INTERNATIONAL HUMAN RIGHTS ABUSE AS IT AFFECTS WOMEN AND THE GIRL-CHILD IN NORTHERN NIGERIA. Isioma Morka-Christian University of Windsor Follow this and additional works at: https://scholar.uwindsor.ca/etd Recommended Citation Morka-Christian, Isioma, "INTERNATIONAL HUMAN RIGHTS ABUSE AS IT AFFECTS WOMEN AND THE GIRL-CHILD IN NORTHERN NIGERIA." (2018). Electronic Theses and Dissertations. 7547. https://scholar.uwindsor.ca/etd/7547 This online database contains the full-text of PhD dissertations and Masters’ theses of University of Windsor students from 1954 forward. These documents are made available for personal study and research purposes only, in accordance with the Canadian Copyright Act and the Creative Commons license—CC BY-NC-ND (Attribution, Non-Commercial, No Derivative Works). 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By Isioma Morka-Christian A Thesis Submitted to the Faculty of Graduate Studies through the Faculty of Law in Partial Fulfillment of the Requirements for the Degree of Master of Laws at the University of Windsor Windsor, Ontario, Canada 2018 © Isioma Morka-Christian INTERNATIONAL HUMAN RIGHTS ABUSE AS IT AFFECTS WOMEN AND THE GIRL-CHILD IN NORTHERN NIGERIA. by ISIOMA MORKA-CHRISTIAN APPROVED BY: ______________________________________________ J. Ovadia Department of Political Science ______________________________________________ S. Xavier Faculty of Law ______________________________________________ P. D. Ocheje, Advisor Faculty of Law August 9, 2018 DECLARATION OF ORIGINALITY I hereby certify that I am the sole author of this thesis and that no part of this thesis has been published or submitted for publication. I certify that, to the best of my knowledge, my thesis does not infringe upon anyone’s copyright nor violate any proprietary rights and that any ideas, techniques, quotations, or any other material from the work of other people included in my thesis, published or otherwise, are fully acknowledged in accordance with the standard referencing practices. Furthermore, to the extent that I have included copyrighted material that surpasses the bounds of fair dealing within the meaning of the Canada Copyright Act, I certify that I have obtained a written permission from the copyright owner(s) to include such material(s) in my thesis. I declare that this is a true copy of my thesis, including any final revisions, as approved by my thesis committee and the Graduate Studies office and that this thesis has not been submitted for a higher degree to any other University or Institution. iii ABSTRACT “The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community”.1 Despite the significant of human rights and Nigeria as a state party and signatory to many international and African instruments that protect the human rights and dignity of its citizens, including declarations of equality for women and children, 2 the northern Nigerian women and girls struggle with gender inequality and gender-based violence. These inequalities have impacted negatively on their health, education, economics, security, and dignity. Women and the girl child are expected to practice the culture and religious beliefs of silence, submit in their roles as daughters and wives, and accept the deprivation of their equal employment and educational opportunities. To expose the inadequate enjoyment of human rights by women and the girl-child in northern Nigerian society, this thesis will illustrate the cases of child marriage and seclusion in northern Nigeria to demonstrate issues of infringement on the socio-economic rights of women; freedom of fair hearing, movement, health, sexual and reproductive rights; right to choose or have consent on whom to marry; right to life and personal liberty; and right to education, etc. 1 The World Conference on Human Rights, Vienna Declaration and Programme of Action, UGAOR, 25 June 1993, A/CONF.157/23, at, Part I, para 18. 2 These include: the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of Discrimination Against Women; the African Charter on Human and Peoples Rights; the Protocol to the Charter on Human and Peoples Rights on the Rights of Women in Africa; the African Charter on the Rights and Welfare of the Child; the Convention on the Rights of a Child; and the Child Rights Act. Further discussion of these instruments will be found at Chapter III of this thesis, below. iv DEDICATION This Master of Laws thesis is dedicated to my mother, Mrs Philomina Udoka Aghede Ehikwe, a Legal Practitioner and lecturer at Faculty of Law, Ambrose Alli University, Ekpoma, Edo State, Nigeria. This is for her motherly care, support, encouragement, and constant love which have sustained me throughout my academic advancement and my life in general. v ACKNOWLEDGEMENTS I would begin by thanking my thesis advisor Prof. Paul D. Ocheje of the Faculty of Law at the University of Windsor. Prof. Ocheje offered guidance and support as he directed me in the style of my own writing and ideas. At times, this thesis felt insurmountable, and while overwhelmed he was there to offer advice and direction. Prof. Ocheje considered my thesis as a priority in his busy schedule. My most profound gratitude to the academic and non-academic staffs of the Faculty of Law, at the University of Windsor. For their considerable assistance and excellent service. My appreciation also extends to Dr Laverne Jacobs, Dr Anneke Smit, Karen Momotiuk, and Francine Herlehy; I appreciate their prompt support, advice, and dedication to the success of my Master’s program at WindsorLaw. I am also very appreciative of my external readers, Professor Jesse Ovadia (Political Science) and Professor Sujith Xavier (Law). Thank you for your willingness to share of your knowledge and insightful suggestions. I would also like to thank Britney De Costa for voluntarily agreeing to be my second reader, her kind gesture was extended many times when provided me with her edited version and comments. I also want to thank my family and friends who have given me support on this journey; they were huge motivators, they continually supported me in my thesis completion. Finally, I will like to acknowledge the support of my mother, Mrs, Philomina Aghede Udoka Ehikwe and sister, Victory Morka. I immensely appreciate your efforts toward my success. vi TABLE OF CONTENTS DECLARATION OF ORIGINALITY .................................................................................................... iii ABSTRACT ................................................................................................................................................ iv DEDICATION............................................................................................................................................. v LIST OF ABBREVIATIONS ................................................................................................................... ix PROLOGUE ................................................................................................................................................ 1 CHAPTER I .................................................................................................................................................. 5 1. INTRODUCTION ................................................................................................................................... 5 1.1. Background ................................................................................................................................. 5 1.2. Statement of the Problem ................................................................................................................ 9 1.3. Research Methodology .................................................................................................................. 14 1.4. Outline ............................................................................................................................................. 14 CHAPTER II ............................................................................................................................................... 16 1. LITERATURES AND THEORIES ................................................................................................ 16 1.1. Charles Darwin’s Theory of the Superiority of Men .................................................................. 16 1.2. The Status of Women (Slaves) .....................................................................................................