Técnicas más utilizadas

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age of the child within these parameters. The girl-child generally is not just a female child of less than 10years old but is a female gender from birth to maturity and womanhood.

1.9.6 Niger Delta

The Niger Delta is described as the delta of the Niger River at the Gulf of Guinea on the Atlantic Ocean in Nigeria.¹⁶⁹ According to Tayo¹⁷⁰the Niger Delta is a prominent part of Southern Nigeria made up of 9 states and comprises of wetlands, swamp, mangrove forests and waterways which stretch over 300miles from the Benue River in the west to the Cross River on the east, and is described as the largest delta in Africa.

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major the Niger Delta groups such as the Ijaw, the Ikwerre, and the Ogoni, the kalabari, Efiks etcetera.

Chapter three deals with the issue of human rights and its universal application. This chapter has an introduction, discusses the nature of human rights, a discussion of relevant international human rights instruments, Constitutional provisions and an analysis of fundamental human rights in Nigeria; an examination of the Child Rights Act 2003 and enforcement of human rights in Nigeria and available remedies for violations.

Chapter four considers challenges facing the application of child rights in the Niger Delta. It looks at the location and peoples of the Niger Delta; application of child rights in the Niger Delta, it considers the challenge of the law, access to justice, cultural impediments etc

Chapter five is on the prospects of enforcement of the girl-child rights in the Nigerian legal system. This chapter has an introduction, then considers the role of the judiciary, domestication of international laws, international responses and agencies, the role of civil organizations and non -governmental organizations.

Finally, Chapter six deals with conclusion and suggested recommendations.

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CHAPTER TWO

THE GIRL- CHILD IN THE EYE OF CUSTOMARY LAW

Who is the girl-child in the eye of customary law? Various authors¹ examining the place of the girl-child under customary law have described the girl-child as a female human being whom tradition has assigned roles ranging from being a domestic help from infancy to a home-maker at adolescence and adulthood. The girl-child ultimately becomes the woman; an essential part of an African home to ensure the continuance of the family line through child bearing and care. In the eye of customary law, the girl-child is not equal to a boy-child hence the preference in many parts of the Niger Delta for a male child to carry on the family name.

The girl-child is the one whose identity must change upon marriage as she is expected by society to abandon her identity and adopt her husband‟s by changing her name to the husband‟s name. She is the one who is by custom and tradition expected to abandon all that is familiar and especially her family to embark on a journey to join another family upon marriage. She is not permitted to sit in the gathering of men except on special occasions and with the clear permission of men. She is not permitted to speak on issues discussed by men even if she is directly affected by the issues except she is permitted to speak. She is most of the times not allowed to exercise her will in the choice of a husband as husbands are chosen for her by the men that is , by her

1 M O Izzi, „The Plight of the Girl-Child under Esan Customary Law‟ (2000)3 Journal of Commercial, Private and Property Law, p.93; O Udochukwu, UNCEDAW AND WOMEN SOCIO-POLITICAL RIGHTS IN NIGERIA;

THE SOUTH – SOUTH EXPERIENCE(1999-2010) available at http://www.Slideshare.net/udojoel/uncedaw accessed on the 26^th of May 2014; M Ducker, „ How to Empower Women‟ in Ducker M. (ed.) Philosophy and Politics, Discourse on Values, Politics and Powers in Africa, (Malthouse Press Lagos, 2006)p. 83; A.C.Madu, Women Empowerment. Its Relation to National Development and Human Rights (Snaap Press Ltd, 2010)p.99; H Alapiki; Politics and Governance in Nigeria: (Port Harcourt: Amethyst 2004)p.154.

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father, uncles, and brothers even if younger than her. In the eye of customary law she is a priced commodity to be haggled over in the name of bride-price; she is not considered when inheritance issues are discussed but is rather treated as a specie of property to be inherited by the men. The girl-child under customary law is considered to be inferior to the male even if they were born twins and had shared the same womb. She is a “mere chattel who is useful for domestic chores and child bearing. She is owned by her husband.”² This customary disposition against the girl-child can be “traced to deep rooted unconscious systems of beliefs, attitudes and behaviours in which distinctions between peoples‟ intrinsic worth are measured on the grounds of their biological sex and gender roles.”³ The perceptions of who the girl-child is and what she should be doing under our various customs inform the treatment she receives even today in the society.

Customary law promotes patriarchy in the Niger Delta, and it is agreed that “a male dominated society has created many cultural and social excuses, familial and caste traditions, religious and ethical customs which oppress and exploit women.”⁴ The customary law applicable in a community has a great impact on gender issues. Ndulo⁵writes that “in its application, customary law is often discriminatory in such areas as bride price, guardianship, inheritance, appointment to traditional offices, exercise of traditional authority and age of majority” It tends to see women as adjuncts to the group to which they belong such as a clan or tribe, rather than equals.”

Customary laws infringe on the fundamental rights of persons. According to Udochukwu,

“customary laws have continued to limit the rights of women in and out of marriage as they have

2 M Ndulo, „African Customary Law, Customs and Women‟s Rights‟ (2011) 18, No 1, Indiana Journal of Global Legal Studies pp.88-89.

3 Ibid p. 88.

4 M Poudel ; ‘Nepal Devaki-Socio-cultural Violence Against Women’ in A Gnanadson et al (eds) Women, Violence and Non-Violent Change(Geneva: www Publications, 2005, )p.108.

5 Op.cit. pp.88-89.

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no land rights, right to inheritance and succession bit are subjected to all forms of cultural violence”⁶ The positions highlighted above will be discussed in detail subsequently.