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DISCRIMINATION AGAINST PERSONS LIVING WITH DISABILITIES (PROHIBITION) ACT 2018: WAY FORWARD

By Ifeyinwa Onochie

 

 

 

 

 

 

 

 

The National Population Commission of Nigeria (NPC) has estimated that no fewer than 19 million Nigerians are living with disabilities. This population
has as its major challenge issues of stigmatization, discrimination and resultant unequal treatment in all spheres. This is evident even in access to physical spaces/building either public or private which truncates not just physical access but also access to opportunity and resources.

According to a definition from equalityhumanrights.com, “equality is about ensuring that every individual has an equal opportunity to make the most of their lives and talents.
It is also the belief that no one should have poorer life chances because of the way they were born, where they come from, what they believe, or whether they have a disability.”

Disability in Africa and across the world, is viewed in most instances as associated dependency and inability to perform basic chores. People exhibit pity for Persons With Disabilities when in actual fact their impairment makes little or no difference to their abilities.

Nigeria efforts in negating these issues and the realization that disability is in the mind and the need to negate discrimination, the President of the Federal Republic of Nigeria, President Muhammadu Buhari assented to the Discrimination against Persons with Disabilities (Prohibition) Act 2018. This development in Nigeria is good news. This means we will begin to see less and less people living with disabilities suffer discrimination from point A to B in this country. Furthermore, the Act prohibits all forms of discrimination on ground of disability and imposes fine of N1, 000, 000 for corporate bodies and N100, 000 for individuals or a term of six months imprisonment for violation. Equally heart-warming is that the Act also provides for a five-year transitional period within which public buildings, structures or automobiles are to be modified to be accessible to and usable by persons living with disabilities, including those on wheelchairs.

This means curb cuts, wheelchair ramps, wider doorways and corridors. This also means that building plans of any public structure under construction since the President’s assent of the Act shall be scrutinized by the relevant authority to ensure that the plan conforms to the building code.

Furthermore, with this Act, discrimination is prohibited in public transportation facilities, and service providers are to make provision for the physically, visually and hearing impaired and all persons howsoever challenged.

We are finally stepping into the visions of our forefathers for, unity, peace and progress. However, there is dire need for our government to pick up a magnifying glass and look into these vast NGOs that claim to cater to the people living with disabilities in Nigeria.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

According to Miss Faith Yaasa, a disability Rights activist, the question right now is: “are all the foreign aid monies collected being used to really support the people they claim they represent and collect for? What happened to awareness campaigns to sensitize the general public on matters affecting Persons With Disabilities? What about the economic empowerment of Persons With Disabilities through realistic and achievable programs that impact the society positively?” This is the right time to take a stand and put a stop to the incessant injustice and crimes committed against physically challenged citizens is the message Miss Yaasa engaged with us at Lawyers Alert when she stopped by our office this week.

Lawyers Alert cannot agree less.

 

 

 

 

 

 

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Divorce Your Wife, Lose Your Home to Her

by Kyenpya Katkuk Esq

In the light of the recent event celebrating women on International Women’s day all over the world on the 8th of March as recognised by the United Nations, women are not only celebrated on how far they have come in the society, in politics and in the economy but it’s also a time for reflecting on the sexism that affects women, a time to raise awareness of continued inequality as well as the achievements of combating inequality.

 

There is no place in the world where women have the same opportunities as men and in so many countries the rights of women and their opportunities are limited by law. The belief that patriarchy is so entrenched in the Nigerian system and the fact that women are unable to exercise their rights have been an erroneous one especially by those ignorant on the rights provided under the law.

 

However, this issue of a woman not having rights to property due to cultural beliefs has been disproved of recent and it has been an uplifting moment in the lives of women in Oyo State, Nigeria.  In the recent decided case, by the presiding Justice Munta Abimbola , the courts held that “ a husband who marries a wife and builds a house during the pend-ency of the marriage stands the risk of losing the house if he later divorces the woman who had children for him unless such woman of her own volition, leaves the matrimonial home”. The presiding Justice whilst ruling on the matter also emphasised on what is known as “palm tree justice”, which indicates that “it doesn’t matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable but simply what is fair and just ‘’ in the circumstances of the case.

The basis of this judgement was made under the provisions of the Married Woman’s Property Act 1882.  Furthermore, Section 17 Married Women’s Law of  Oyo State, Cap 83 and Laws of Oyo State 2000 gives a court the discretion as it thinks fit on the issues of title of possession to property. Section 18 Married Women Law of Oyo State also allows the court to treat property as joint property especially where it has to do with a matrimonial home.

 

Conclusively, it could be said that there is significant progress on the application of legal provisions and precedents regarding property rights that affect women inspite of the system of marriage laws (customary, Islamic and statutory marriage). The parties in the decided matter happen to be married under customary law and so this could mean that a woman is entitled to having an equal share of property in the event of divorce, regardless of whether she is married under customary law or statutory law.

 

This is also a good reflection of international instrument , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Article 5 ,which refers to how women should not be confined to culturally defined constructions. It recognises that all human beings are equal and have equal rights and deserve equal respect for their human dignity.  Gender stereotypes should not deny women the right to be treated respectfully as an equal. Therefore, this landmark ruling is a significant in combating inequality as it affects women.

 

Kyenpya Katkuk is a lawyer with the Coalition Of Lawyers for Human Rights  (COLaHR).

 

 

 

 

 

 

 

 

 

 

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Effect Of Rape On Women/Girls

By Yua Miriam

 

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A taxi driver on his way to the motor park was attracted to a young lady who is a newspaper vendor. He decided to stop by and purchase a newspaper, telling her that he is not in the habit of buying newspaper but for her sake he would buy. The young lady smiled and said “that’s good of you Mr”. The taxi driver asked her to give him any newspaper of her choice and she did. On the first page, the taxi driver saw A father of 46 raped his 16 year old daughter for a virginity test. He was shocked and shouted Jesus Christ! “Is this a myth or what?” the taxi driver asked. The young lady asked why he was shouting, as the news had been all over town for two weeks then.

As the driver arrived the park, he was moody and decided to explain the sad news to his colleagues, where are you getting your news from? His colleagues asked, he shook his head full of tears in his eyes and at the same time smiled in amusement. He picked up the newspaper and threw it at them and started shouting, how can a father rape his own daughter for a virginity test?  What a wicked world we are living in, he said. The 15 year old girl who was selling oranges in the park felt a tinge of pity for the taxi driver.

Globally, rape is an everyday violent occurrence affecting millions of women and girls all over the world.

According to Wikipedia, rape is a type of sexual assault usually involving sexual penetration carried out against a person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent.

The effect of rape varies for each individual as each individual responds differently to traumatic experiences and recovers at different rates. However with the information from survivors, we know that there are some common responses from rape and sexual violence. These effects can last many years and can take many years to show themselves.

Physical effects may be instantly obvious if the assailant had used violence during the assault, and may need immediate hospital treatment. However, it is also worthy of note to consider other physical effects, that might arise in the future such as sexually transmitted diseases or infections.

A significant number of people who have been sexually assaulted feel embarrassed or shameful about what happened. Most people find it difficult to discuss intimate issues, this makes it difficult for such people to open up about what has happened to them. In this case it is sometimes easier to talk to someone on a telephone helpline who should take things at the victim’s pace.

For many, an initial reaction to being raped is one of shock and emotional numbness. Many people initially feel calm and shut off from what happened to them. This reaction can sometimes surprise friends and family members who expect the victim to be distraught immediately after an assault. However, disassociation is a natural defence mechanism and is perfectly normal. Usually after a few days or weeks the victim may begin to have a range of other reactions like anger, shock and fear. Fear of becoming pregnant or contracting HIV/AIDS or STD. Subsequently, the victim may worry about not being able to be in an intimate or sexual relationship, but all these fears are absolutely normal and common and given time and support they can be overcome. Discussing them with a friend or counsellor will help a lot. Research on women in shelters has shown that women who experience both sexual and physical abuse from intimate partners are more likely to have had sexually transmitted diseases. In 1991, a study in a maternity hospital in Lima found that 90% of new mothers aged 12-16 had become pregnant from being raped, the majority by their father, stepfather or other close relative.

If a victim does not want to report a rape incident or doesn’t want to be attended to by their local doctor, they can visit a local Genito-urinary medicine clinic (GUM) to check for infections.

A father in Swaziland raped his 16-year-old daughter to test if she was still a virgin, a court has been told. The times of Swaziland reported on Monday 21st May, 2018 that, a man aged 46 from the Lubombo region in the east of the kingdom made a statement to a judicial officer at Siteki Magistrate Court. He said, he had argued with his daughter because he believed she had been sleeping with boys. He asked if she was still a virgin and she told him she was. The news paper reported however, that the man confessed that he did not believe his daughter, hence he suggested that he should test her virginity. He unashamedly told the judicial officer that he forcefully had sexual intercourse with his daughter as a way of “testing” her virginity’.

The taxi driver with distaste, informed his colleagues that he had lost his zeal for working on the road that day. It would be better for him to go and rest at home, he left the park and said goodbye to his colleagues.

 

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