Department of Private & Property Law

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Open Access
Human Rights Dimensions of Family Dispute Resolution
(Tog Publishers, Laos, Lagos State, 2017) ADEKILE, OLUWAKEMI
Realizing that human rights norms are critical to family law discourse in contemporary times, this paper identifies the core theme of the human rights standards applicable to marital Disputes. With a focus on divorce, maintenance, settlement and division of property, it finds that human rights standards demand for equal rights of access to justice in seeking divorce, child care, custody of children and marital property both during the marriage and at its dissolution. Equality between spouses and nondiscrimination are therefore the hallmarks of the fulfillment of human rights standards as found in national, regional and global instruments. It argues that State responsibility demands mainstreaming gender in all laws, policies, actions and litigation. It concludes that while there are provisions for formal equality and sporadic recognition of this in some cases, there is need to focus on substantive equality or transformative justice in order to fulfill the agenda for human rights protection.