THE IMPACT OF FEDERALISM AND LEGAL PLURALISM ON THE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS LAW AGAINST CHILD MARRIAGE IN AFRICA

Felix E. Eboibi

Abstract


Some African states possess federal constitutions whereby the central and regional authorities share power of governance and lawmaking. Intuitively, sequel to the presence of legal pluralism where customary and/or Islamic systems of law exist and operate side by side with the more formal statute-based system of laws, central governments are bedeviled with the herculean task of legislating on issues they lack exclusive legislative competence despite being recognized and empowered by international law to make and ratify international treaties to which such regional authorities/states subscribe i.e Nigeria, Ethiopia, Sudan and South Sudan, etc. Child marriage invariably suffers a great deal from this in the sense that international human rights law obligates central governments to prohibit or criminalize child marriages by implementing international obligations. In this respect, it is not out of place for legislative and regulatory competence over child marriage to be given to other authorities by the national law. Taking into cognizance the Nigerian legal system, this paper unravels the impact federalism and legal pluralism have on the domestic enforcement of international human rights obligations in respect of child marriage. Inferences would be made from non-African federal states in an attempt to put in place possible measures to conquer the perceived impact.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.