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Lookup NU author(s): Dr Adetokunbo (Ade) JohnsonORCiD
This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).
This paper asks: Is intersectional discrimination experienced by women with disabilities or 'disabled' women recognised under section 42 of the 1999 Constitution of the Federal Republic of Nigeria (Nigerian Constitution as amended)? This question is essential for two reasons. First, by asking this question, attention is drawn to the unacknowledged intersectional discrimination experienced daily by ‘disabled women’. Academic writings and research on disability issues have gained momentum in Nigeria. Nevertheless, most research has paid little attention to the plight and the intersectional discrimination encountered by the ‘disabled Nigerian woman’. Consequently, the question is whether the human rights of ‘disabled’ women are adequately protected in Nigeria, where there is a lack of acknowledgement of this kind of discrimination. Second, I explore the prohibited grounds for discrimination encapsulated in section 42 of the Nigerian Constitution. I argue that the listed or related ‘grounds’ perspective adopted by this anti-discrimination section is limited because it fails to accommodate the multiple and intersecting forms of oppression that ‘disabled’ Nigerian women encounter. More importantly, I discuss the decision of Uzoukwu v Ezeonu to demonstrate a possible threefold analysis and implications of a narrow and restrictive interpretation of the section for disabled Nigerian women.
Author(s): Johnson A
Publication type: Article
Publication status: Published
Journal: African Disability Rights Yearbook (ADRY)
Year: 2021
Volume: 9
Pages: 88-116
Print publication date: 31/12/2021
Acceptance date: 12/01/2021
Date deposited: 08/03/2024
ISSN (print): 2311-8970
ISSN (electronic): 2413-7138
Publisher: Pretoria University Law Press
URL: https://www.adry.up.ac.za/section-a-articles-2021/johnson-a
