The Role of the Justice Sector Stakeholders in Curbing the Menace of Sexual and Gender Based Crisis in Nigeria
DOI:
https://doi.org/10.47672/ajl.1310Keywords:
Justice sector stakeholders, sexual and gender crisis.Abstract
Purpose: This paper examines the role of justice sector stakeholders in Nigeria in curbing the menace of sexual and gender based crisis in Nigeria. Gender-based violence (GBV), is one of the oppressive forms of gender inequality posing a fundamental barrier to the equal participation of women and men in social, economic, and political spheres. Acts of gender-based violence affect the lives, health and wellbeing of millions of women, girls, boys and men worldwide. Gender-based violence takes place in all societies and all cultures. It includes female genital mutilation, female infanticide, child marriage, physical abuse, sexual harassment, mental or economic harm inflicted on a person because of socially ascribed power imbalances between males and females. Lack of access to justice institutions and mechanisms contribute to culture of impunity for violence and abuse. Girls and women may also experience gender-based violence when they are deprived of nutrition and education. Gender based crimes are grossly under-reported, especially when it is against the male folks and within a family setting or close affinity environment. While it is widely believed that women are much more likely than men to be killed by their intimate partners or family members, as a result of GBV, the nature of deaths when it involves men (excessive brutality, mutilation of diseased body, poisoning) is beginning to cast aspersion on that assumption.
Methodology: The doctrinal research was used in carrying out this research. Both secondary and primary sourced materials such as textbooks, journals, internets, case laws etc. were used.
Findings: Finding revealed that the gaps in criminal law and procedure, gender stereotypes, victim blaming, non-conviction of the aggressor and inadequate/inappropriate responses of the criminal justice institutions and professionals to GBV lead to secondary victimization as well as the likelihood of use of self-help.
Recommendation: To address these, advocacy message should be directed to the perpetrators. Religious leaders, traditional rules, lawyers, media houses, Civil Society Organisation among others are enjoined to take proactive measures in addressing this menace.
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References
Causes and Effects of Gender-based Violence-"¦ Available at http://hrlibrary.umn/advocacy accessed on 5//5/2022
Universal Declaration of Human Rights The United Nations https//www.un.org/aboutus/university
Jacob Ciocci. Predrive: After Technology at the mattress Factory https// jacobciocci.org/show/predriv"¦ accessed on 7//5/2022
E..E.P. Benestad. Genders, 7 Typographies: Hacking the Binary. https://walkerart.org/magazine/7-genders-7-typographies-hacking-the-binary accessed on 7//5/2022
Kesiene Boom, and Rachael Wright LMFT. What it means to be bigender: signs, relation to other identities and more https://...www.mindbodygreen.com/what-it-mean-to-bebi. accessed on 7//5/2022
Laurel Wamsley. A Guide to Understanding Gender Identity and Pronouns-NPR. Available at http://www.npr.org/a-guide-to-understan.
Veronica Zambon. What are some different types of gender identity? https://www.medicalnewstoday.com/types-of-gender. accessed on 9//5/2022
American Psychiatric Association, "What is Gender Dysphoria?" Available at https://psychiatry.org/patients-families/gender-dysphoria/what-is-gender-dysphoria/>accessed on 12/5/2022
Ujwala sunil sindhe. Gender Justice and Status of Eunuch. International Journal of Humanities and Social Science Invention ISSN (Online): 2319-7722, ISSN (Print): 2319-7714 Vol. 1, Issue 1 December, 2012. www.ijhssi.org
J.A.A. Agbonika. Human Right Implications of Violence Against Girls in Nigeria. St Paul's Publishing House, Ibadan, 20216
Definition of Sex Abuse. What is Sexual Abuse? Pandora's Project. Available at https://www.pandy.or/what-is-sex-abuse.html
J.A.A. Agbonika. An Appraisal of Legal and Human Rights Implication of Female Circumcision in Nigeria. Ebonyi State University Law Journal, Vol3 No. 1, 2009 pp252 - 263
Rathusm A Spencer, S N Jeffery, Human Sexuality in a World of Diversity (7th ed. Boston: Pearson A & B, 2008, ISBN 978-0-205-53291-9);
Forsyth, J Craig, Heith, Encyclopedia of Social Deviance (Sage Publications, 2014, ISBN 978-1483364698) 740
Bilodeau, Brent, "Beyond the Gender Binary: A Case Study of Two Transgender Students at a Midwestern Research University" (2005) 3 (1) Journal of Lesbian Issues in Education. 29-44
Wikipedia, "Cross-Dressing" (2022) <https://en.m.wikkipedia.org/wiki/cross-dressing> accessed on 14 March 2022
Wikipedia, "Transvestism" (2022) <https://en.m.wikipedia.org/wiki/transvestism> accessed on 14 March 2022
O Eludoyin "Cross Dressing in Nigeria: Yay or Nay?" (2021) <https://glaziang.com/cross-dressing-in-nigeria-yay-or-nay> accessed on 14 March 2022
Wikipedia, "Transsexual" (2022) <https://en.m.wikipedia.org/wiki/transsexual> accessed on 14 March 2022
J Murray (ed), Oxford Learner's Dictionary (10th ed, Oxford University Press, 2022) <https://www.oxforslearnersdictionaries.com/definition/english/transsexual> accessed on 14 March 2022
A C Alegria, "Transgender Identity and Health Care: Implications for Psychological and Physical Evaluation" (2011) 23 (4) Journal of American Academy of Nurse Practitioners 175-182
ICD is a globally used diagnostic tool for epidemiology, health management and clinical purposes. The ICD is maintained by the World Health Organization.
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed American Psychiatric Publishing, 2013 ISBN 978-0-89042-554-1)
Frontline Aids, "How I Survived as a Transgender Woman from Nigeria" (2020) <https://fromtlineaids.org/how-i-survived-as-a-transgender-woman-from-Nigeria/> accessed on 15 March 2022
S Norris, "Young Trans Nigerians: People Need to See we Exist" (2018) <https://www.opendemocracy.net/en/5050/young-transgender-rights/> accessed on 15 March 2022
Wikipedia, "Gender Transitioning" (2022) <https://en.m.wikipedia.org/wiki/gender-transitioning> accessed on 14 March 2022
M McMillen, B Nazario (ed), "Changing Genders: How It's Done" (2015) <https://www.webmd.com/sex/news/20150422/transgender-hormones-surgery> accessed on 16 March 2022
Cleaveland Clinic, "Feminizing Hormone Therapy" (2021) <https://my.cleavelandclinic.org/health/treatments/21653-feminizing-hormone-therapy> accessed on 15 March 2022;
Mayo Clinic, "Feminizing Hormone Therapy" (2021) <https://www.mayoclinic.org/tests-procedures/feminizing-hormone-therapy/about/pac-20385096> accessed on 17 March 2022
C A Unger, "Hormone Therapy for Transgender Patients" (2016) <https://www.ncbl.nlm.nih.gov/pmc/articles/PMC 5182227/> accessed on 18 March 2022
Wikipedia, "Sex Reassignment Surgery" (2022) <https://en.m.wikipedia.org/wiki/sex-reassignment-surgery> accessed on 15 March 2022
J Leonard, "What to Know About Female to Male Surgery (2019) <https://www.meicalnewstoday.com/articles/236590> accessed on 118 March 2022
Wikipedia, "Sex Reassignment Surgery (Male to Female)" (2022) <https://en.m.wikipedia.org/wiki/sex-reassignment-surgery-male-to-female> accessed on 15 March 2022; Cleaveland Clinic, "Gender Affirmation (Confirmation) or Sex Reassignment Surgery (2021) <https://my.cleavelandclinic.org/health/tratments/2156-gender-affirmation-confirmation-or-sex-reassignment-surgery> accessed on 119 March 2022
A Morin, "What is Morality" (2020) <https://www.verywellmind.com/what-is-morality-5076160#toc-morals-that-transcend-time-and-culture> accessed on 19 March 2022
F Adaramola, Jurisprudence (4th ed. Durban: LexisNexis Butterworths, 2008, ISBN 978-0-409-03519-3) 73
S Norris, "Young Trans Nigerians: "People Need to See that we Exist" (2018) <https://www.opendemocracy.net/en.5050/young-nigerian-trans-rights/> accessed on 19 March 2022; Wikipedia, "LGBT Rights in Nigeria" (2022) <https://en.m.wikipedia.org/wiki/LGBT-rights-in-nigeria> accessed on 20 March 2022
J C Dybikowski, "Lord Devlin's Morality and Its Enforcement" (1974) 75 Proceedings of the Aristotelian Society <https://www.jstor.org/stable/4544868> accessed on 22 March 2022
Al-Jizani, M B Hossain, "˜Fiqh al-Nawazil', [2006] 4 Dar ibn al-Jazi
M. Alipur, "˜Islamic Shari'a Law, Neo-traditionist Muslim Scholars and Transgender Sex Reassignment Surgery (2016) 18 (1) <https://www.tandfonline.com/doi/full/10.1080/1552739.2016.1250239> accessed on 22 March 2022
Kugle, S S al-Haqq, "˜Homosexuality in Islam: Critical Reflection of Gay, Lesbian, and Transgender Muslims', [2010] Oneworld <https://www.tandfonline.com/doi/full/10.1080/1552739.2016.1250239> accessed on 23 March 2022
E K Rawson, "˜The Effeminates of early Medina [1991] 111 (4) Journal of the American Oriental Society 673
A Aymanee, M Zaharain M Pallotta-Chiarolli, "˜Countering Islamic Conservatism on Being Transgender: Clarifying Tantwani's and Khomeini's Fatwas from the Progressive Muslim Standpoint' (2020) 21 (3) International Journal of Transgender Health 235
A T Walker, "˜5 Things Every Christian Must Know About the Transgender Debate' (2017) The Good Book <https://www.thegoodbook.com/big/news/2017/07/28/transgender-debate/> accessed on 24 March 2022
The Holy Bible, Genesis 1:27
M Vazquez, M Mylis, H Autin, "˜What Does the Bible Say About Transgender People?' (2022) HRC Foundation <https://www.hrc.org/resources/ what-does-the-bible-say-about-transgender-people/> accessed on 24 March 2022
The Holy Bible, Deuteronomy 25:5
Religious Institute, "˜Transgenderism, Transsexuality, and Gender Identity' (2017) <https://religiousinstitution.org/denom-statement/transgenderism-transsexuality-gender-identity/> accessed on 26 March 2022
Visher, C. (1983). Gender, police arrest decisions, and notions of chivalry. Criminology, 21, 5- 28.
Spohn, C (1999). Gender and sentencing of drug offenders: Is chivalry dead? Criminal Justice Policy Review, 9, 365-399.
Farnworth, M., Teske, Jr., R.H.C. & Thurman, G. (1991). "Ethnic, racial and minority disparity in felony court processing.," In M.J. Lynch and E.B. Patterson (eds.), Race and criminal justice (pp. 123-134). New York: Harrow and Heston.
Gruhl, J., Welch, S. & Spohn, C. (1984). Women as criminal defendants: A test for paternalism. Western Political Science Quarterly, 37, 456-467.
Spohn, C. (1990). The sentence decisions of black and white judges: Expected and unexpected similarities. Law and Society Review, 24, 1197-1216.
Rapaport, E. (1991). The death penalty and gender discrimination. Law and Society Review, 25, 368-383.
UN Women-In Focus: 16 Days of Activism Against Gender Violence. Available at https:www.unwomen.org/news
Richard Z. Taylor. USAID Launches New Activity to Counter Growing Gender Based Violence in Nigeria. Available at https://www.usaid.gov/press-release accessed on 30//5/2022
Sangeeta Chowdry & Brandee Butler/Global Fund for Women. Ending Gender-based Violence Against Women"¦"¦.workers. Available at https://www.news.trust.org/ending-gender-based-violence. accessed on 30//5/2022
Women for Women International. Available at https://www.womenfor women.org
Convention on the Elimination of all forms of Districimination Against Women-United Nations. Available at https://www.un.org/cedaw accessed on 1//6/2022
Gabriel Olawale. CEWHIN, NHRC trains legal practitioners on Gender-Based Violence prevention and response https://www.vanguardngr.com/2022/02/cewhin-nhrc-trains-legal-practitioners-on-gender-based-violence-prevention-and-response/
Hameed Oyegbade. Enhancing Justice for Survivors of Gender-Based Violence in Nigeria
CIRODOC Nigeria (2016) "Identifying Nigeria's Commitment to the Convention on the Elimination of all forms of Discrimination Against women (CEDAW)" FOURTH DIMENSION Publishing Co., Ltd. Enugu Nigeria.
Cheryl Thomas "Working with the Justice Sector to End Violence against Women and Girls" Director, Women's Program Laura Young, Staff Attorney, International Justice Program Mary Ellingen, Staff Attorney, Women's Program, dec 2011
K.B. Turner and Ames B. Johnson "The Effect of Gender on the Judicial Pretrial Decision of Bail Amount Set" Federal Probation. A Journam Philosophy and Practice. Vol. 70 No. 1
Moulds, E. F. (1978). Chivalry and paternalism: Disparities of treatment in the criminal justice system. Western Political Science Quarterly, 31, 416-40.
Crew, B. K. (1991). Sex differences in criminal sentencing: Chivalry or patriarchy? Justice Quarterly, 8, 59-83.
Daly, K. (1987). Structure and practice of familiar-based justice in a criminal court. Law and Society Review, 21, 267-290.
Demola Akinyemi. Judiciary told to create Special Court for speedy prosecution of GBV cases https://www.vanguardngr.com/2022/05/judiciary-told-to-create-special-court-for-speedy-prosecution-of-gbv-cases/FCT opens special courts for gender-based violence Stephen Angbulu https://punchng.com/fct-opens-special-courts-for-gender-based-violence/
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