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The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria
Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613499832664064 |
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| access_status_str | Open Access |
| author2 | Sogunro, Ayodele |
| author_browse | Sogunro, Ayodele |
| author_facet | Sogunro, Ayodele |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/96896 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:07.698Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/96896 The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria Sogunro, Ayodele ohotuowo.ogbeche@gmail.com Ogbeche, Ohotuowo UCTD Intersex rights Legal recognition Intersex Non-discrimination Nigeria Sustainable development goals (SDGs) SDG-05: Gender equality Law theses SDG-05 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024. The absence of legal recognition of intersex persons in Nigeria is a discriminatory practice, contravening human rights principles that the Nigerian state ought to protect. Legal recognition for intersex persons occurs when a country allows for the registration of births as female, male, or ‘x’ for ‘other’ or ‘intersex’. Intersex persons are born with sex characteristics that do not fit typical definitions for male or female bodies, including sexual anatomy, reproductive organs, hormonal patterns, and/or chromosome patterns. Therefore, the absence of legal recognition means a human rights infringement and denial of legal identity for intersex persons. Generally in Africa, the widespread lack of recognition of diversity in sex characteristics has occasioned human rights violations against intersex people including so-called normalising surgeries, lack of legal recognition and infanticide.. In Nigeria, there exists an unfair distinction in the absence of laws and practices catering to birth registrations. Nigerian socio-legal context assumes that every person born is either female or male, notwithstanding that scientific evidence exists to the contrary. Similar to discrimination based on people’s non-heterosexual sexual orientation, and based on diverse gender identities and expression, discrimination based on sex characteristics exists to cause people to be treated unfairly. While the three forms of discrimination differ all are interconnected in the sense that they relate to discrimination emanating from cisheteronormative principles of sex, sexuality and gender, and a person may suffer from one, two or all forms. The absence of legal recognition of intersex persons in Nigeria amounts to discrimination, contrary to the provisions of the Constitution. In addition, the continued imposition of the female/male sex markers as provided in the Births, Deaths, Etc. (Compulsory Regulation) Act (the Births Act) of Nigeria amounts to discrimination against intersex persons in Nigeria. This position is in breach of Nigeria’s obligations to its peoples, evidenced through the Constitution and its human rights obligations. The provisions of the Births Act and its lack of recognition of intersex births is a violation of intersex persons’ rights. Also, Nigeria has no provision for legal sex, or gender change is discriminatory. The National Identity Management Commission expressly restricts updating the gender field in its data modification regulations. These amount to discrimination and are antithetical to the principles entrenched in the Constitution. This research aims to prove how the Nigerian situation amounts to discrimination against and negatively impacts the lives of intersex persons. Centre for Human Rights LLM (Sexual and Reproductive Rights in Africa) Restricted Faculty of Law 2024-07-10T08:49:03Z 2024-07-10T08:49:03Z 2024-09 2024-07-02 Mini Dissertation * S2024 http://hdl.handle.net/2263/96896 N/A en © 2023 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 Intersex rights Legal recognition Intersex Non-discrimination Nigeria Sustainable development goals (SDGs) SDG-05: Gender equality Law theses SDG-05 SDG-16: Peace, justice and strong institutions Law theses SDG-16 The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title | The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title_full | The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title_fullStr | The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title_full_unstemmed | The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title_short | The right to non-discrimination as a ground for legal recognition of intersex persons in Nigeria |
| title_sort | right to non discrimination as a ground for legal recognition of intersex persons in nigeria |
| topic | UCTD Intersex rights Legal recognition Intersex Non-discrimination Nigeria Sustainable development goals (SDGs) SDG-05: Gender equality Law theses SDG-05 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/96896 |