Two aphorisms are imperative in this introduction. The first is that a chain is as strong as its weakest link while a society is as strong as its most vulnerable groups. The second is that the best gauge of a society’s development is how it treats its weakest and most vulnerable groups. Women and the girl child have been identified as vulnerable in most Nigerian societies and their treatment is based on gender which is the socially constructed roles and characteristics of men and women influenced by customs, culture, religion, laws, policies, etc. The beauty of customs, culture and tradition is that they are dynamic and evolve as societies are impacted by new influences and norms. Modern societies are run by rules which govern the resolution of social conflicts as well
as allocation of resources, definition of rights, entitlements, duties, functions, and powers of different classes of citizens, authorities, and persons within the country. This is the context of law as the foundation of society and the validating basis of the actions and inactions of men, women, boys, girls, institutions, and authorities. Laws are required to give effect to human rights and fundamental freedoms. The inherent right of the woman and girl child to human dignity expressed in S.34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is the foundation of their right to freedom from violence. This freedom includes freedom from violence against women and girls (VAWG), gender-based violence (GBV), enjoyment of sexual and reproductive health and rights (SRHR) and protection from harmful practices (HP). The Fundamental Rights Chapter of the Constitution guarantees a plethora of rights to be enjoyed and exercised by all citizens of Nigeria without distinction or discrimination based on several grounds including sex and the circumstances of birth. Considering the interdependence, indivisibility, inseparability of all human rights and fundamental freedoms, the right to freedom from violence will be difficult to realise in isolation of other rights and freedoms.3The Beijing Declaration and Platform for Action states that
“Violence against women is an obstacle to the achievement of the objectives of
equality, development and peace. Violence against women both violates and
impairs or nullifies the enjoyment by women of their human rights and fundamental
freedoms”.
Even though, we hold the right to life as sacrosanct, the easiest way of depriving a woman or girl of her right to life is to use structural violence to deny her of a dignified life supporting
environment to the point of abrogation. VAWG predisposes women and girls to violence, resulting in poor reproductive and sexual health outcomes, poor access to and control over resources, higher vulnerability to poverty at certain ages in life, poor access to education, lack of inheritance rights, lack of voice and minimal participation in decision making processes at different levels, etc. Thus, while seeking protection from VAWG, a holistic approach to the human rights of women is imperative. Nigeria is a Federation and states in Nigeria are bound by Nigeria’s international human rights obligations expressed in ratified treaties and other standards and states are expected to implement the contents of these standards in absolute good faith. A state cannot plead its domestic laws and practices in defence of its violation of treaty obligations and standards