THE INCOMPATIBILITY OF CUSTOMARY LAW AND WOMEN’S RIGHT. A REALITY OR AN OVERLOOKED LEGACY: NEW THOUGHTS ON AN OLD DEBATE

Abstract

Ensuring women’s right is fundamental to determining gender parity in Nigeria. To achieve this, several treaties, covenant and laws have been ratified. Although, regrettably, this treaties, covenant and laws seems unproductive as dehumanization of women and deprivation of their rights persist in the present civilization. This culture of denial has persistently hamstrung the actualization of women’s right due to negative customary norms simply because certain practices are acceptable to particular societies most of which has deep negative psychological effects on women, the article examines the shortcomings and ineffectiveness of the Nigerian law ensuring women’s right and the ratified treaties and covenant to that effect alongside the cultural acceptance of women’s right in general. The article which seeks to ascertain the position/ practices in reality on issues of women right argues that the several developments that appears as new thoughts is an over flocked debates on equality due to cultural impediment which contravenes best practices of human rights. The article concludes that the unfortunate scenario of sustaining repugnant cultural norms irrespective of the constitutional guarantees prohibiting gender-based discrimination persist due to enhanced patriarchal structure and the non-availability of a uniform legal system in the Nigerian customary law. The article recommends that customs, being the living pattern of a group of people should be transformed to fit novel best practices which are deliberately human rights friendly and more desirable.