5 research outputs found

    The Socio-Legal Context of the Nigerian Legal System and the Shariah Controversy: An Analysis of Its Impact on Some Aspects of Nigerian Women’S Rights

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    Nigeria operates a complex mixture of laws in its legal system and because of this and depending on the context, many a times the rights of Nigerian citizens are violated both locally and from international human rights perspectives.  This cannot be unconnected with the operative mechanisms of English law, customary and Islamic laws within the same structure of the Nigerian legal system.  The article examines the effect of the introduction of the Shariah Law into the Nigerian Legal System as it affects some aspects of women’s rights in Nigeria.  It is argued that women’s rights to reproductive freedom, freedom from discrimination based on gender and religion together with their right to human dignity and respect should be upheld and respected irrespective of the introduction of the Shariah law in the Northern part of Nigeria.

    The Right to Liberty under International Human Rights Law: An Analysis

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    Liberal theory has a strong commitment to individual liberty. Every human being has human rights naturally setting limits to the legitimate action of states and others. It is therefore imperative that any deprivation of liberty must be in accordance with the law. Some form of proportionality assessment must be put in place in order to prevent arbitrariness in the detention of individuals. This is the reason for the human right to liberty. Even if a state has legitimate reasons for detaining someone, it still has obligations towards that person. The article explored the fact that individuals do not lose the protections provided by human rights and in particular right to liberty as a result of detention. These protections pave the way for the respect of human dignity and so individuals are not to be ill-treated by their captors as a result of detention. These protections provide one of the bases for the proper administration of justice.

    The Rights of Prisoners in Nigeria and the Role of Prisons and Modern Penology

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    Prison system in Nigeria and elsewhere not only disables its inmates from their criminal pursuit but equally serves as an institution for their reform and rehabilitation into the society after their release. The system of imprisonment represents a curious combination of different objectives of punishment. The attitude of society towards prisoners may vary according to the objects of imprisonment and social reaction to the crime. Whereas rigorous imprisonment and imposition of severe restriction on the prisoner signifies retribution or deterrence, a lesser restriction and control over him in the form of simple imprisonment means that he is considered to be only a deviant. The modern progressive view, however regards crime as a social disease and favours treatment of offenders through non-penal methods such as probation, parole, open jail etc. Whatever be the reaction of society to the crime, the lodging of criminals in prisons gives rise to several problems of correction, rehabilitation and reformation. It may equally constitute serious violation of prisoners’ rights as they are also human-not devoid of their rights

    The Impact Of Environmental Degradation On Human Health And Its Relevance To The Right To Health Under International Law

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    When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socio-economic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states’ obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation

    Women empowerment : The law and the politics of family planning in Nigeria and England and Wales- A comparative analysis

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