The promotion of sexual equality and non-discrimination in the workplace
| Author | Adejoke Oyewunmi |
| Published date | 01 December 2013 |
| Date | 01 December 2013 |
| DOI | http://doi.org/10.1177/1358229113492901 |
| Subject Matter | Articles |
Article
The promotion of
sexual equality and
non-discrimination in
the workplace:
A Nigerian perspective
Adejoke Oyewunmi
Abstract
Despite some progress in the educational and professional attainments of Nigerian
women, there are still challenges confronting them in the bid to achieve full integration at
work. This article examines the various dimensions of the concept of sexual equality and
non-discrimination at work and their manifestations in the Nigerian workplace. In
particular, the article undertakes an analysis of discriminatory gender-related workplace
challenges militating against women’s access to formal employment and promotion to
higher managerial and professional positions. The adequacy of provisions relating to
maternity protection, childcare, health and safety at work and equal remuneration are
examined, while statutory and judicial responses to these issues are analysed against the
background of relevant international and regional standards. Nigerian dimensions of
other aspects related to sex-based discrimination, including those touching on sexual
orientation and gender reassignment, are also highlighted.
Keywords
Sex, equality, non-discrimination, Nigeria, women
Promoting gender equality is now globally accepted as a development strategy for reducing
poverty levelsamong women and men, improving healthand living standards and enhancing
efficiency of public investments...Gender equality and women’s empowerment...are now
University of Lagos, Nigeria
Corresponding author:
Adejoke Oyewunmi, Faculty of Law, University of Lagos, Akoka Lagos, Nigeria.
Email: adejoke21@yahoo.com
International Journalof
Discrimination and theLaw
13(4) 324–347
ªThe Author(s) 2013
Reprints and permission:
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DOI: 10.1177/1358229113492901
jdi.sagepub.com
acknowledged as catalysts to people-centred development strategies which focus on poverty
reduction, improved standard of living, and good governments that give men and women
equal voices in decision-making and policy implementation...
1
Introduction
The furore generated in November 2012 by the initial refusal of the Chief Justice of
Nigeria to swear in a female High Court judge – Justice Ifeoma Jombo-Ofo – as a Court
of Appeal Judge, on the basis of a patently discriminatory provision of the Federal
Character Commission Act,
2
has once again brought to the fore issues related to sexual
equality and non-discrimination at work.
3
Workplace discrimination involves the appli-
cation of different standards, requirements and treatment to existing and prospective
workers on grounds which are not informed or justified by the requirements of the work
concerned. At the pre-employment stage, discriminatory practices include prejudice in
initial employment, where treatments or standards unrelated to work requirements are
applied in determining access to employment. For those already employed, such unequal
standards may result in discriminatory conditions of work and termination of employ-
ment. Whatever the case, discrimination is inimical to the fostering of a positive work
environment, as it results in the debasement of the dignity of the human person and inhi-
bits the freedom and motivation of workers to develop their full potentials and to pursue
and accomplish their goals and aspirations at work.
4
Despite its negative consequences, however, discrimination remains a persistent chal-
lenge in the workplace, with every society facing its own peculiar forms. One aspect of
discrimination, which appears pervasive the world over, is sex-based discrimination,
and it was one of the earliest to be recognised by international human rights initiatives
in the post-world war era.
5
However, since then, the nature and scope of sex-based
discrimination have broadened considerably.
6
Against this background, this articleexamines the twin principles of sex-based equality
and non-discrimination in the context of the workplace, highlights international efforts
towards the promotion of these principles and, on a comparative basis with developments
in other jurisdictions, examines contemporary issues that detract from the enjoyment of a
non-discriminatory work environment in Nigeria. This comparative analysis is motivated
by the recent expansionof the jurisdiction of Nigeria’s National Industrial Court (NIC) in
respect of unfairlabour practices and internationalbest practices,
7
which necessitates a re-
examination of some aspects of Nigeria’s labour laws in light of international standards
and practices in other jurisdictions. The purpose of thecomparative analysis is to broaden
the outlookof law reformers and the courtsto better respond to the gapsin the laws relating
to sexual equality and non-discrimination in the Nigerian workplace.
International and regional frameworks for the promotion of the
fundamental human right to equality and non-discrimination
The promotion of the twin principles of equality and non-discrimination is at the heart of
the efforts of the United Nations (UN) to promote human rights and has enjoyed pride of
Oyewunmi 325
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