Business Law

The Universal Declaration on Human Rights 1948 is the first all-embracing official codification of human rights designed to remedy the past declarations of rights usually enacted to remedy specific abuses and to prevent a repeat of the devastating experiences of World War II. It formed the foundation of modern human rights of all persons to equal rights devoid of discriminations and resentment by the reason of race, sex, religion and colour. The Universal Declaration on Human Rights the most translated document in the world with over five hundred and twenty translations and catalysed the making of more than eighty international conventions, treaties and local legislation. The Universal Declaration of Human Rights consists of thirty articles declaring a person's rights that, while not legally binding in and of themselves, have been expanded upon in later international treaties, financial agreements, regional human rights instruments, national constitutions and many more. The paper traced the origins of human rights and assessed the global adoption of the declaration in other international treaties and local legislations. The paper adopted the doctrinal research methodology and is structured in eight different parts. The first part covered introductory issues and the second part deals with an overview on human rights. The third and fourth parts appraised the UDHR and the legal framework on human rights in Nigeria. The fifth part interrogated the institutional framework on human rights in Nigeria and the sixth part considered the implementation of human rights legislation in Nigeria. The seventh and eighth parts dealt with factor militating against the implementation of human rights legislation and concluding matters respectively. The paper recommended the strengthening of the apex regulatory agency in the enforcement of human rights in Nigeria, fight corruption and uphold the rule of law.

The geo-political entity known as Nigeria, has a high level of cultural diversity, religious divergence and ethno-linguistic heterogeneity with over four hundred ethnic groups. The fact remains that in spite of efforts aimed at national integration and unity as well as the democratization processes, there is a staggering diversity in cultural practices across the country. The influence of Religion have not deterred communities from adhering to practices which help to maintain patriarchal control and abuse of women. A historical account of the evolution of the Nigerian legal system indicates that the courts assisted in giving legal backing to customs and traditional practices that were oppressive, exploitative and violate females thereby exposing them to gender-based violence. This paper examined judicial approach to gender-based violence in Nigeria within the context of application and relevance of customary practices in the country. It highlights the extent of intervention from the judiciary in curbing the menace. An attempt was made to analyse how the judiciary responded to customary practices and actions that accentuate gender-based violence using the instrumentation of human rights law and the Nigerian justice system. The focus included an assessment of judicial attitude and factors militating against access to justice in enforcement of laws prohibiting gender-based violence. The paper concluded by recommending amongst others, a proactive judiciary that is not tainted by cultural sentiment nor religious beliefs for Nigeria to adopt international best practices.