A FEMINIST ANALYSIS OF GENDER-BASED VIOLENCE LAWS IN NIGERIA

Abstract

The woman has over the years been relegated to the background despite her key roles in the general life of humankind. The patriarchal African society treats the woman as a second class citizen through domineering tendencies that manifest in sexual relationships, domestic decision making, political participation, public governance and indeed every sphere of life. The woman is maltreated, dominated and traumatised through violent instances of rape, sexual assault and exploitation, forced prostitution, trafficking, domestic torture, obnoxious customary laws and other harmful institutionalised traditional practices. These vices constitute the hallmark of violence against women being perpetrated by society. Recently, there has been an increased number of movements championing the advocacy for gender equity at the local, national and international levels. Even though some of these advocacies have even translated into legal instruments, the problem of gender-based violence still persists. This paper examines gender-based violence laws from a feminist perspective with specific reference to sexual violence, and the general societal domination of the woman. The concept of patriarchy as reflected in customary laws is explored as well as harmful traditional practices that put the woman at risk. The paper analyses sections of the Nigerian Constitution that blatantly permit various forms of violence against women. The paper submits that unless a thorough amendment of some anti-women sections of the constitution is done; with all ambiguities disambiguated, traditional practices unfriendly to women are jettisoned, customary laws cease to take pre-eminence and international legal instruments are domesticated, the ceaseless women emancipation campaigns and advocacies may not come to fruition.