ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 149 – 150
None
ISSN: 2521-2605
Affiliations: Senior Research Assistant, University of Energy and Natural Resources, Sunyani, Ghana
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 117 – 148
Climate change is widely recognised as a key factor in sustainable development policymaking at international, regional and national levels. Indeed, there is increased recognition of climate change as a hurdle to realising the inclusive development objectives of developing regions and emerging economies. However, there is a dearth of policies and research on integration of gender perspectives into climate change programming. It is against this backdrop that this article examines the African Union Agenda 2063 and other relevant regional mechanisms to ascertain how they respond to the needs of women in coping with the adverse effects of climate change. Based largely on literature review, this paper examines the interface between women’s needs in climate change adaptation and the extent to which Agenda 2063 and associated AU laws and policies on gender and the environment meet these needs. It is argued that the inclusion of women’s needs in climate change interventions is crucial for the effective implementation of Agenda 2063 and associated policies. Firstly, women play a critical role in sustainable development in the Global South because of their prominence in agricultural and related activities. On account of this, their inclusion in sustainable development planning remains crucial, with a view to ensuring that climate change interventions are reflective of women’s agency in the environmental and socio-political affairs of emerging economies. It is concluded that the AU, African governments and civil society should accord due regard to the voice of women in all decisions having a bearing on climate change adaptation. The increased involvement of women will enhance environmental and productivity gains to create mutual benefits and higher returns across the SDGs, and the Strategic Aspirations of the Agenda 2063 in Africa.
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 98 – 116
Evidence from previous studies suggests that gender imbalance and inequality is as old as creation, and that the struggle against the subjugation of women has been a historical event. The term ‘gender imbalance’ implies that there are existing differences in the treatment of men and women by the society. Gender imbalance exists not only in Nigeria but also in other parts of the world, and in almost all areas of human endeavour. It is a problem that has been acknowledged by the United Nations, African Union and the Nigerian Constitution as a serious challenge to equality and development. Ultimately, appropriate gender-sensitive education that dismantles gender imbalance and inequality is considered pertinent. Most importantly, gender sensitisation will enhance the empowerment of women as an entry point to achieving gender equality and balancing power relations between men and women for the optimum benefit of the nation. This paper is an attempt to suggest a long-term solution to the problem of gender imbalance in the Nigerian society. In the long run, it is believed that, one of the major ways to overcome the situation of gender imbalance and inequality is through universal access to basic primary education.
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 73 – 97
Matters relating to women and gender equality have been at the helm of many discussions for the past decades. Several international legal and policy measures have been adopted to advance gender equality at various levels, as well as to position women to become key players in the economic, social and political spheres of society. Despite the progress made, there is still a cavernous fissure in women’s participation in the economic and political sphere, especially in Africa. The United Nations adopted the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) in 1979 and the African Union enacted a regional Protocol to the African Charter on Human and Peoples’ Rights (ACHPR) relating to the Rights of Women. The Protocol concerns specific problems faced by women in Africa. Subsequently, in 2013, the African Union adopted a blueprint to guide the development of Africa in the next 50 years, commonly dubbed ‘Agenda 2063’. Generally, the Agenda seeks to engender an inclusive development that puts women and youth at the centre of the continent’s development programming. The paper will examine how the various legal and policy instruments at the international and regional levels are incorporated and applied at the national level. It identifies the critical issues, challenges and prospects in advancing a gender-responsive inclusive development in Africa. The paper concludes that despite efforts at the regional level to advance gender equality, it has not been achieved due to poor enforcement at national level.
ISSN: 2521-2605
Affiliations: Assistant Professor of Law, School of Law, University of Gondar, Gondar, Ethiopia; Judge at City Appellate Court, Amhara National Regional State, Wollo, Ethiopia
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 45 – 72
Globally, several interventions have been made to enable women to participate in political leadership and decision-making positions. However, women remain under- represented in these positions. The aim of this article is to assess the challenges with implementing political leadership and decision-making participatory rights for women using Bahirdar city administration as a case study.The findings of the study show that women face low considerations in political leadership and decision- making, and that they hold lower non-decision making and leadership positions in the city administration. More importantly, the findings show that a wide range of socio-cultural attitudes, conflict of balance between domestic and public life, lack of confidence and unwillingness by women themselves, and others prevent a more equal representation of women in the city administration executive power structure. Therefore, efforts, such as the creation of an enabling environment to enhance women’s participation in politics, the provision of women-related civic projects, the creation of awareness among young girls in schools through civic and ethical education about the importance of women’s political representation are recommended to enhance women’s political participation in the city in order to contribute to ensuring gender parity in the country in accordance to AU 2063 Agenda.
ISSN: 2521-2605
Affiliations: Lecturer, American University of Nigeria; LLD Candidate, University of Pretoria, South Africa
Source: Journal of Comparative Law in Africa, Volume 5 Issue 2, p. 22 – 44
International law recognises the right of a child to be raised in a family environment.The loss of the right to be raised by natural families led to alternative care such as institutional care and substitute family placements. The United Nations Convention on the Rights of the Child (CRC) as well as the African Charter on the Rights and Welfare of the Child (ACRWC) recognises the family as an atmosphere of love, happiness and the natural environment for the growth and well-being of children. Both instruments recognise adoption as an alternative care for children deprived of family care and require states that permit adoption to ensure the best interests of the child as paramount consideration. Furthermore, these instruments stipulate that intercountry adoption may be considered as an alternative means of care if the child cannot be placed in a foster or adoptive family or cannot be reasonably cared for in his/her country of origin. Nigeria is a party to both the CRC and ACRWC but has not ratified the Hague Convention. Nigeria domesticated these instruments by enacting the Child Right’s Act (CRA) in 2003. This paper seeks to explore the principle of subsidiarity as it applies to intercountry adoption cases. The paper compares the regulatory frameworks of South Africa and Nigeria to examine how the subsidiarity principle is applied in Nigeria.