揭露实施对妇女的家庭暴力法的障碍:以尼日利亚为个案研究

Josephine A. A. Agbonika, Marian Ofunu Ujah
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引用次数: 0

摘要

《联合国消除对妇女一切形式歧视公约》及其《任择议定书》载有促进和保护妇女人权的全面而广泛的规定。作为《消除对妇女歧视公约》的缔约国,尼日利亚同样将《公约》和其他法律纳入促进和保护妇女免受家庭暴力的权利。尽管有这些规定,调查结果表明,尼日利亚妇女免受家庭暴力的权利没有得到充分保护。这主要是由于保护妇女免受暴力侵害的现行法律、立法和公约没有得到有效执行。文化习俗、文盲、经济、法律和政治等各种因素从根本上影响了有关妇女权利的法律的效力,并导致妇女遭受家庭暴力侵害。家庭暴力包括尼日利亚妇女所遭受的暴力和骚扰的各个方面。本文的目的是揭露这些法律有效实施所面临的障碍。为实现这一目标,应审查与所涉主题有关的一些国际和国内文书,重点是对尼日利亚妇女的影响。结论将调查将《消除对妇女一切形式歧视公约》纳入尼日利亚法律的努力。法律的规定与实践之间仍然有很大的差距,因此,需要做更多的工作,将其纳入所有政策领域的主流,并反映《公约》所反映的妇女作为人权问题的范式转变。它除其他外建议,在采取步骤提高一般公众对《消除对妇女歧视公约》的认识的同时,需要从政策转向执行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Unveiling the Impediments in the Implementation of the Law on Domestic Violence against Women: Nigeria as Case Study
The United Nations Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) and its Optional Protocol contain comprehensive and wide-ranging provisions for promoting and protecting the Human Rights of Women. As a party to the UNCEDAW, Nigeria equally domesticated the Convention and other Laws for the promotion and protection of the rights of women against domestic violence. Despite these provisions, findings indicate that the rights of women against domestic violence are inadequately protected in Nigeria. This is mainly due to ineffective implementation of the existing laws, legislation and convention as enshrined for the protection of women against violence. Various impediments such as cultural practices, illiteracy, economic, Legal and political factors havebeen identified as fundamentally affecting the efficacy of the laws bothering on the rights of women, and arefound to have contributed to the violation of women against domestic violence. Domestic violence covers various aspects of violence and harassment to which women are subjected in Nigeria. The aim of this paper is to expose these impediments confronting effective implementation of these laws. To achieve this aim, some international and domestic instruments relevant to the subject undertaken shall be reviewed with a highlight of the impact on women in Nigeria. The conclusion shall look into efforts made to integrate the CEDAW into Nigerian law. There is still a wide gap between the provisions of the laws and practice, therefore, more needs to be done to mainstream it across all policy areas and reflect the paradigm shift of women as human rights issues as reflected in the convention. It proposes among others that there is need to move from policy to implementation while steps are taken to improve the awareness about the UNCEDAW among the general public.
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