The Inscription of Fundamental Human Rights and the Liberation of the Igbo Woman from Customary and Administrative Burdens

Abstract

There is no doubt that the International Bill of Rights and other international legal instruments have sought to truly liberate every human being by the recognition of the equality and inalienable rights of all persons on the face of the earth as the foundation for peace, justice and freedom. In order to ensure that these rights are enjoyed by all, without exception, state-parties have been enjoined to domesticate the fundamental human rights and to further abrogate existing laws, including customary laws and practices, which constitute impediments to the full enjoyment of these rights by everybody. The Constitution of the Federal Republic of Nigeria, 1999, just as others before it, has incorporated these rights in its chapter four. The thrust of this research, therefore, is to critically examine three provisions of the grund norm – the right to the dignity of the human person, the right to freedom from discrimination and the right to the acquisition and ownership of property – as they concern the liberation of the Igbo woman. This is aimed at determining whether these constitutional provisions have really liberated her from customary practices that degrade, marginalize and disinherit her – whether as a widow, as a childless woman, as an unmarried woman and as an illegitimate daughter. It also questions whether her constitutional guaranteed rights have been abrogated through administrative actions and the struggle going on to liberate her.

UJAH: Unizik Journal of Arts and Humanities vol 14 (2) 2013