Are laws the appropriate solution: The need to adopt non-policy measures in aid of the implementation of sex discrimination laws in Nigeria
| Date | 01 March 2021 |
| Published date | 01 March 2021 |
| Author | Onyeka C Okongwu |
| DOI | 10.1177/1358229120978915 |
| Subject Matter | Articles |
Article
Are laws the appropriate
solution: The need to adopt
non-policy measures in aid of
the implementation of sex
discrimination laws in Nigeria
Onyeka C Okongwu
1
Abstract
Gender inequality is a social problem facing women all over the world and is a barrier to
human development. The United Nations commits to achieving gender equality and
empowering women and girls and have adopted the Sustainable Development Goals to
achieve gender equality by 2030. Nigeria, a Member State of the United Nations has
ratified international and regional instruments which advocate for the protection and
promotion of the rights of women and girls. Though some progress has been made to
reduce inequality, discrimination remains a problem to women and is exacerbated by
factors such as culture, religion, social practices and discriminatory laws. This study seeks
to add to the discourse on gender inequality in Nigeria and examine the effectiveness of
available domestic and international provisions against sex discrimination when con-
sidered against ingrained cultural attitudes, beliefs and discriminatory laws. The study
found that among other determinants, culture and religion were constant features in the
different forms of discrimination Nigerian women face and they were the primary rea-
sons the proposals to pass gender equality laws were opposed and failed. The study
proposes the need to adopt non-policy measures such as education and awareness-
raising as additional measures to eliminating discrimination and promoting equality.
Keywords
Gender inequality, sex discrimination, Nigeria, laws, non-policy measures, culture,
religion and patriarchy
1
School of Humanities, Liverpool Hope University, Liverpool, UK
Corresponding author:
Onyeka C Okongwu, School of Hum anities, Liverpool Hope Un iversity, Hope Park, Tagg art
Avenue, Liverpool L16 9JD, UK.
Emails: ookongwu@yahoo.com; okongwo@hope.ac.uk
International Journalof
Discrimination and theLaw
2021, Vol. 21(1) 26–46
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1358229120978915
journals.sagepub.com/home/jdi
Introduction
Background
Historically, women have been subjected to discrimination and excluded from equality-
based treatment on the belief that they belong to an inferior gender, lack rationality and
need to be supervised (Fredman, 2002). Evidence from literature suggests that women
were legally placed under the authority of men especially in marriages where they are
regarded as minors and were precluded from participating in politics. It was believed that
her natural position was that of a social and domestic life. Gender inequality is a social
problem to the female gender and in many countries, it remains enshrined in their laws
(Fredman, 2013). The lives of women in the traditional African society is not any better
than their western counterparts. Women in Africa are subjected to unequal treatment and
are denied access or unequal access to economic opportunities, status, power and privi-
leges in society (Kangiwa, 2015). The ineq uality women face in Africa and indeed
Nigeria is exacerbated by many factors such as the various cultures found among the
many ethnic groups that exist, social practices, patriarchy and religion.
The Nigerian cultural system has designed and organized the society based on gender
which prescribes that men are heads of families and women are subordinate to them and
must respect and obey their leadership. Roles and responsibilities have been created
based on this division with men responsible for the financial upkeep of the family and
women for taking care of the children and domestic work. When individuals deviate
from these societal ascribed roles, culture is used as an instrument to subjugate, intimi-
date and ensure compliance (Uchem, 2001). Cultural p ractices such as male gender
preference and early marriages encourage and enhance the discrimination of women
while denial of inheritance rights impact on their economic opportunities.
Patriarchy is another factor that exacerbates the inequality of the female gender in
Nigeria. Nigeria operates a patriarchal system of stratification that ascribes power to men
as heads and leaders in society and families. It provides material advantages to men in
terms of inheritance rights and ownership of land thereby economically empowering a
man and deprives women resources making them economically dependent on men
(Makama, 2013). Makama argues that gender differentials in inheritance rights and legal
adulthood sets the framework for structural gender inequality in families and society
where men are trained for leadership activities and women are constrained to domestic
activities which affect their self-worth and confidence later in their adult life and career.
Patriarchal system normalizes the fact that men are leaders in the homes and society and
therefore there is a tendency that anywhere a man is seen in a position of power and
leadership, it will be viewed as normal while the opposite will be an anomaly.
In addition to culture and patriarchy, religion is another factor that impacts on
inequality women face in Nigeria. The predominant religions in Nigeria hold that God
created men leaders in families and society and as a result, women are expected to be
subordinate and submit to their leadership. Individuals are indoctrinated with these
religious views through socialization and education to accept them as natural and a
divine order from God. Boys are therefore raised to believe that God has ordained them
to be heads in their homes and girls are raised and trained to be good and virtuous wives
Okongwu 27
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