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The judiciary and the protection of the human rights of homosexuals in Nigeria
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613609799974912 |
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| access_status_str | Open Access |
| author2 | Ngwena, Charles |
| author_browse | Ngwena, Charles |
| author_facet | Ngwena, Charles |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/73342 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:52.535Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/73342 The judiciary and the protection of the human rights of homosexuals in Nigeria Ngwena, Charles affiovye@yahoo.com Durojaye, Ebenezer Affi, Ovye UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. Some Nigerian statutes proscribe consensual adult homosexual conduct. As a result, homosexuals have been under increasing human rights violations, including arbitrary arrest, police brutality and denial of access to healthcare services. The Constitution of the Federal Republic of Nigeria 1999 (CFRN) (amended) provides for the rights of every individual to liberty, dignity, privacy, freedom from discrimination and freedom of association. The Courts in Nigeria are bestowed with the power of constitutional interpretation and the duty to protect individuals against human rights violations. However, Nigerian courts have failed to protect the rights of homosexuals in Nigeria against the rights limiting provisions of legislation which criminalise consensual adult homosexual conduct. Legal scholars such as Ronald Dworkin encourage the adoption of the moral reading of the human rights provisions of the constitution. Ronald Dworkin and other proponents of the moral reading of the constitution are of the view that judges need to interpret the constitution in a manner that will protect the rights and liberties of all persons, including minorities. Constitutional moralists say the interpretation of the constitution to satisfy the wishes of the majority could lead to breaches of the rights of members of minority groups. Courts in other jurisdictions have variously applied the moral reading of the constitution and consequently arrived at decisions protecting the rights of homosexuals. In this research, I shall critically study the theory of the moral reading of the constitution in order to understand how the moral reading of the constitution could lead to the protection of the rights of members of minority groups. Thereafter, I shall examine the court system in Nigeria in order to understand how the courts could come to the aid of homosexuals, whose rights have been put on the line by the existence of statutes which criminalise consensual adult homosexual conduct(s). Furthermore, I shall carry out a study of how courts in other jurisdictions have applied the moral reading of the constitution to arrive at decisions that protect the rights of homosexuals and establish whether Nigerian courts could learn some lessons on the protection of the rights of homosexuals from the decisions of courts in other jurisdictions. Funders of the LLM/MPhil Program on sexual and reproductive rights. Centre for Human Rights LLM Unrestricted 2020-02-17T09:24:29Z 2020-02-17T09:24:29Z 2019 2019 Dissertation Affi, O 2019, The judiciary and the protection of the human rights of homosexuals in Nigeria, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/73342> D2019 http://hdl.handle.net/2263/73342 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title | The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title_full | The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title_fullStr | The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title_full_unstemmed | The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title_short | The judiciary and the protection of the human rights of homosexuals in Nigeria |
| title_sort | judiciary and the protection of the human rights of homosexuals in nigeria |
| topic | UCTD |
| url | http://hdl.handle.net/2263/73342 |