SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Akolokwu, G. O.
Okeke, G. N.

ABSTRACT:

The customary law as applied in the Niger Delta Region recognises certain rights applicable to both male and female. However, the extent of the application of these rights to the girl-child is faced with many challenges. Recognising that the girl-child is one of the most vulnerable groups in the society, the research focused on examining the challenges and prospects of application of the rights of the girl-child among the peoples of the Niger Delta region. The doctrinal method of research was adopted to analyse laws which incorporate the rights of the girl-child, and described cultural practices in the Niger Delta that continue to discriminate and violate the rights of the girl-child. This work found that the human rights of the girl-child include fundamental rights as provided by the Constitution of the Federal Republic of Nigeria 1999. Yet the various customary practices in the Niger Delta do not respect this position of the law. The research identified some of the major challenges to the application of the girl-child rights in the Niger Delta to be custom and tradition; patriarchy; illiteracy and poverty. Efforts made by government, international agencies, non-governmental groups, the judiciary and individuals to highlight and redress the plight of the girl-child through advocacy campaigns, various policies, and programmes were also investigated and the research confirmed the continuing erosion of the rights of the girl child and its spiraling negative effect on the development of the region. The researcher therefore recommended amongst others; the codification of customary laws in the various communities constituting the Niger Delta Region, expunging identifiable practices that are violative of the girl-child’s rights as provided by the Constitution and in all the Statutes operating in the area; the amendment of gender discriminatory laws; the domestication of ratified international instruments relevant to the rights of the girl-child, improved enlightenment campaigns, entrenchment of positive policies on the part of Government, establishment of relevant monitoring agencies especially in the rural areas to accord with freedom from any form of discrimination against the girl-child and in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW 1979) and the 2003 Protocol to the African Charter, ecetera.