Domestic violence: Asserting children, women’s right to justice

For some time now, women lawyers in the country have affirmed the fight against forms of domestic violence against women and children in the society.
But the question remains; is the campaign yielding the desired result? KEHINDE OSASONA asks
Federation of Women Lawyers, a front-line organisation in the fight for the protection of women and children’s rights, has over the years defended the rights of abused women and children in the country through its various chapters.
Blueprint recalls that FIDA has recorded phenomenal successes in the fight against domestic violence, gender discriminations, dehumanising widowhood practices.
These include among others, dispossessing widows of their late husbands’ properties, among others, as a way of dealing with matters such as these in and out of court; thereby employing an alternative dispute resolution mechanisms like negotiation, conciliation, and mediation to achieve its objectives.
Former FIDA Chairperson, Barrister Olufunmi Oluyede, was once quoted as having said; “whether a child is the product of a marriage under the Act or otherwise, he or she has rights and interests in law which FIDANs routinely and effectively help to enforce and protect to their advantage through the courts.
Speaking further, she said, “we will stop at nothing to help these women and children gain all that are rightfully theirs, saying the family unit is not only the bedrock of society, but also the foundation on which the society is built.
Matters arising Some stakeholders believe that violence against women and child has become a universal phenomenon, saying, “it is therefore no longer a question of whether or not domestic violence exists at worrisome dimension with impact on human rights and development, or if it can be justified by any social or cultural reason.” Going forward, it has been established that women lawyers offer to fight violence against women and children, constitutionally enjoy the backing of relevant sections of Nigeria’s constitution as clearly spelt out.
For instance, Child’s Rights Act and similar other legislations as contained in Section 42(2) of the Nigerian Constitution, stipulates that no Nigerian child is to be subjected to discrimination by virtue of the circumstances of his/her birth.
Speaking during a community outreach in Lagos, FIDA chairperson, Lagos branch, Mrs.
Eliana Martins, lamented that despite various laws in the country that protect the rights and well being of women and children from all forms of violence and abuse, majority of the affected folks are not knowledgeable about their rights.
According to Martins, the few victims with understanding of such rights are scared of stigmatisation and threats from the perpetrator.
“They forget that for any society to enjoy peace, we must stop violence and find better ways to communicate effectively with respect.
“Some women are going through a lot of emotional abuse in their homes, a man will wake up in the morning and be telling his wife how foolish she was, how she cannot accomplish anything.
Imagine living with a man that abuses you daily in front of your children.
No respect! It is emotional abuse and the law prohibits it,” she added.
The FIDA boss further disclosed that the group is poised to challenge the status quo of women to inspire positive change.
“We will maintain our stance against societal vices on the women folk; women are still comparatively underpaid and not equally represented as the men in business, politics, education and notable platforms.
Domestic violence against women and abuse are still predominant in our society with its attendant consequences “There are other forms of violence that our law has prohibited like sexual abuse, physical abuse, starvation, economic abuse, intimidation, harassment, and stalking, hazardous attacks with poisonous and offensive substances, damage to property among others,” she further explained.
While encouraging women and children to speak out against any form of abuses, Mrs Martins said there are various procedures to seek justice, arguing that someone can also do that on behalf of another person.
“For instance, if someone have a mentally challenged daughter that was raped, or unconscious person, you don’t need their consent before seeking justice,” she added.
Plateau FIDA too Meanwhile, the Plateau FIDA chapter has also made an appeal to the legislature in the country to make laws criminalising domestic violence against women.
In a statement signed by its chairperson, Ladi Madaki to commemorate activism against gender violence, the body also wants the Child Rights Act passed into law by states yet to do so, urging government to ratify and domesticate international treaties and conventions prohibiting violence against women.
“FIDA Plateau State Branch which aims to promote the welfare of women and children as well as defend their rights under the Nigerian constitution, joins other organisations and people all over Nigeria in particular and the world in general, to mark this great campaign by advocating for the promotion of women’s rights to peace and freedom from violence.
“This has become imperative because violence against women and girls is the most pervasive human rights violation, as statistics indicate that up to seven in ten women experience violence in their lifetime.
This is therefore a call for national commitment to address and prevent violence against women and girls.
Putting an end to violence against women and girls is everyone’s responsibility,” Madaki said.
UN intervention Similarly, the UN Women representative, Mrs.
Adekemi Ndieli, had, at a fora in Lagos stated that violence against women and children is a massive project being worked on.
She said, “We are trying to organize a one stop centre where the woman relates her issues and it is for women living with HIV.
“Biological makeup they are the greater number because of the vulnerability of their biological make up.
The issues remain on how to help these women assert their rights, to get justice.
We are so glad that Lagos state has that mechanism to address access to justice.
Nigeria is rich enough to give free drugs.
“Majority of people living with HIV are women and majority of them are poor.
Where are they expected to raise money from to buy drugs? The system should provide for them so they can have access to free drugs.” Continued, she said: “Women living with HIV should not give up hope as it is not the end of the world.
As long as they take their drugs everything is okay.
They should look for a means of livelihood so they can have a voice in the society.” Meanwhile, it is believed in some quarters that understanding of what the international law provisions on the rights of women stipulates will help in better understand of the fact that the is a universal one that is not taken lightly.
Some of the international legislations, protocols and declarations which affirm it include for instance, Article 1 of the Declaration of Human Rights which states that “all human beings are born free and equal.” Also Article 5 of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly in 1979 and ratified by Nigeria in 1984, “encourages nations to modify the social and cultural patterns of conduct of men and women with the view to eliminate inferiority and superiority of either sexes or stereotype roles of men and women.” The Solemn Declaration on Gender Equality in Africa also reaffirms the principle of gender equality as enshrined in Article 4(1) of the Constitutive Act of the African Union.
In chapter 7, member states declare “to actively promote the implementation of legislation to guarantee women’s land, property and inheritance rights including the right to housing”.
In the same vein, it is contained the African Charter on Human and Peoples Rights (ACHPR) was domesticated in Nigeria in form of the African Charter on Human and Peoples Rights (Enforcement and Domestication) Act Cap 10, 1990.
This Act makes the provisions of the Charter enforceable in any Court of Law in Nigeria.
Article 18 of the ACHPR states that “the State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women” Curbing the trend In eliminating gender-based social injustices therefore, especially domestic violence that prevents full exploration of the potentials of the women’s folk, legal minds and stakeholders are of the views that the time is now to dispense expeditious action on the bill which addresses the issue of gender-based violence, harassment, rape and generally, issues militating on the rights of women by the country’s lawmaker