African Trade and Investment Law (Law/Economics/Business crossover) | 15 February 2008

Gender Dimensions in Sub-Saharan African Legal Frameworks: Nigeria's Experience

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Abstract

Sub-Saharan Africa is home to a diverse legal landscape where gender dimensions are often underrepresented or inadequately addressed in policy and judicial practices. The study employs a mixed-methods approach combining in-depth interviews with legal experts and stakeholders, document analysis of relevant legislation, and thematic content analysis of court decisions related to gender issues. A purposive sample strategy ensures representation from diverse regions and sectors. A key finding is the persistent gap between formal law and customary practices where women's rights are often overlooked or subordinated in some jurisdictions, particularly regarding inheritance and property rights. For instance, in Yoruba communities, a traditional practice allows men to inherit more than their female siblings. The study underscores the need for comprehensive legal reforms that integrate gender-sensitive provisions into existing laws while acknowledging and integrating customary practices where appropriate. Recommendations include advocating for legislative changes that explicitly address gender disparities in property rights, inheritance laws, and labour regulations. Additionally, promoting public education campaigns to enhance awareness of women's legal entitlements within both formal and customary frameworks.