Saturday, June 22, 2024

WOMEN AND OTHER SPECIAL GROUPS: CRIME AND JUSTICE

TOPIC OF THE DAY
- WOMEN
- CHILDREN AND YOUNG PERSONS
- MENTAL DEFECTIVES
- THE PRISONS
- THE POOR

Women, Children, and Young Persons

Women
Women in Nigeria are protected under various laws and policies aimed at promoting gender equality and safeguarding their rights. Key statutes including section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which prohibits discrimination on the basis of sex, ensuring equal rights and opportunities for women, the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) under section 1 which prohibits all forms of violence against persons, including women. See the case of Amina v. State (2019), where the court upheld the conviction of a man for domestic violence under the VAPP Act and Matrimonial Causes Act 1970 which governs matters relating to marriage and divorce, providing protections for women in matrimonial disputes. See the case of Adamu v. Adamu (2018), where the court ruled in favor of the wife in a divorce case, granting her custody of the children and financial support.
However, despite these protections, women still face significant challenges, including domestic violence, discrimination, and limited access to education and healthcare.

Children and Young Persons
Children and young persons in Nigeria are protected under various laws that ensure their welfare, education, and protection from abuse. Key statutes including section 11 of the Child Rights Act 2003 which guarantees the right to free, compulsory, and universal primary education, section 12 which protects children from harmful social and cultural practices. See the case of Re: A Child of the State (2017), where the court intervened to protect a child from harmful traditional practices. The Criminal Code Act under section 218 which criminalizes the defilement of girls under 13 years, section 221 which prohibits carnal knowledge of girls between 13 and 16 years. See the case of R v. Oladipo (2015), where the defendant was convicted of defiling a 12-year-old girl.
However, despite legal protections, children in Nigeria often face issues such as child labor, trafficking, and inadequate access to education and healthcare.

Mental Defectives
Persons with mental disabilities are protected under Nigerian law, which aims to promote their rights and integration into society. Key statutes includes Discrimination Against Persons with Disabilities (Prohibition) Act 2018 under section 4 which prohibits discrimination on the basis of disability, section 24 which mandates accessibility in public buildings and services and the Lunacy Act 1958 which Governs the treatment and care of persons with mental illnesses. See the case of Oluwafemi v. State (2020), where the court ruled in favor of a person with a mental disability who was denied access to public services and the case of Re: John Doe (2016), where the court ordered appropriate mental health care for an individual detained under the Lunacy Act.
However, persons with mental disabilities often face stigma, discrimination, and inadequate access to mental health services.

The Prisons
Prisoners in Nigeria have certain rights and protections aimed at ensuring humane treatment and rehabilitation. Key statutes includes the Nigerian Correctional Service Act 2019 under section 12 which mandates the humane treatment of inmates and the provision of adequate healthcare, section 34 which establishes the rights of prisoners to education and vocational training and the Administration of Criminal Justice Act 2015 (ACJA) under section 293 which provides for the speedy trial of inmates to reduce prolonged detention. See the case of State v. Adebayo (2019), where the court ordered improved conditions in a prison following reports of inhumane treatment and the case of Eze v. State (2021), where the court ordered the release of an inmate who had been held without trial for an extended period.
However, the Nigerian prison system faces challenges such as overcrowding, poor living conditions, and inadequate healthcare and rehabilitation services.

The Poor
The rights of the poor are protected under various Nigerian laws aimed at reducing poverty and ensuring access to basic services. Key statutes includes the Constitution of the Federal Republic of Nigeria 1999 (as amended) under section 16 which mandates the state to promote economic welfare and ensure social justice and the National Health Act 2014 under section 1 which ensures the provision of basic healthcare services to all citizens, including the poor. See the case of SERAP v. Federal Government of Nigeria (2019), where the court ordered the government to address systemic issues contributing to poverty and the case of Olufemi v. Ministry of Health (2020), where the court ruled in favor of a poor family denied access to healthcare.
However, the poor in Nigeria often face barriers to accessing education, healthcare, and employment opportunities, exacerbating the cycle of poverty.

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