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Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights
Access to justice is a right guaranteed in all international and regional instruments and domestic constitutions. The full enjoyment, protection, and respect of all fundamental human rights rests on the ability of states to establish effective judicial remedies. The ability of all persons within a s...
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| Format: | Thesis |
| Language: | Eng |
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Department of Public Law
2025
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| _version_ | 1867613316235395072 |
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| access_status_str | Open Access |
| author | Nkopane, Thandolwethu |
| author2 | Lutchman, Salona |
| author_browse | Lutchman, Salona Nkopane, Thandolwethu |
| author_facet | Lutchman, Salona Nkopane, Thandolwethu |
| author_sort | Nkopane, Thandolwethu |
| collection | Thesis |
| description | Access to justice is a right guaranteed in all international and regional instruments and domestic constitutions. The full enjoyment, protection, and respect of all fundamental human rights rests on the ability of states to establish effective judicial remedies. The ability of all persons within a state to access these judicial remedies through courts is however limited by procedural rules that do not reflect the modern interpretation of the law. Although access to courts is provided for in several instruments including treaties and state practice, Nigeria has failed to ensure that sexual minorities enjoy their right to access courts. This paper intends to assess the effective implementation of the right to access to courts, particularly for sexual minorities in Nigeria in light of Nigerian courts restrictive approach to locus standi. The research argues that the restrictive interpretation of procedural rules does not facilitate access to justice but violates international human rights. The research draws a clear link between the state obligations under international law to respect, protect and fulfil human rights of sexual minorities and liberally interpreting the law using principles of equality, non-discrimination and effectivity. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/41282 |
| institution | University of Cape Town (South Africa) |
| language | Eng |
| last_indexed | 2026-06-10T12:34:10.861Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/41282 Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights Nkopane, Thandolwethu Lutchman, Salona Law Access to justice is a right guaranteed in all international and regional instruments and domestic constitutions. The full enjoyment, protection, and respect of all fundamental human rights rests on the ability of states to establish effective judicial remedies. The ability of all persons within a state to access these judicial remedies through courts is however limited by procedural rules that do not reflect the modern interpretation of the law. Although access to courts is provided for in several instruments including treaties and state practice, Nigeria has failed to ensure that sexual minorities enjoy their right to access courts. This paper intends to assess the effective implementation of the right to access to courts, particularly for sexual minorities in Nigeria in light of Nigerian courts restrictive approach to locus standi. The research argues that the restrictive interpretation of procedural rules does not facilitate access to justice but violates international human rights. The research draws a clear link between the state obligations under international law to respect, protect and fulfil human rights of sexual minorities and liberally interpreting the law using principles of equality, non-discrimination and effectivity. 2025-03-27T11:37:06Z 2025-03-27T11:37:06Z 2024 2025-03-27T11:24:54Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/41282 Eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Law Nkopane, Thandolwethu Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| thesis_degree_str | Master's |
| title | Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| title_full | Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| title_fullStr | Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| title_full_unstemmed | Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| title_short | Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights |
| title_sort | access to justice and locus standi in nigeria assessing the impact of the common law approach to locus standi on sexual minorities human rights |
| topic | Law |
| url | http://hdl.handle.net/11427/41282 |
| work_keys_str_mv | AT nkopanethandolwethu accesstojusticeandlocusstandiinnigeriaassessingtheimpactofthecommonlawapproachtolocusstandionsexualminoritieshumanrights |