UPR Sexual Rights Database

National Report:
Para 26) Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. Nigeria has implemented this recommendation through the enactment of the Violence against Persons (Prohibition) Act 2015(VAPPA). This Act eliminates violence in private and public life; prohibit all forms of violence including physical, sexual, psychological, domestic violence; harmful traditional practices; discrimination against persons and provide maximum protection and effective remedies for victims and punishment of offenders.
Para 38) Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. In addition, the following legislative measures aim at combating harmful cultural practices. Legislative measures: (a) Violence Against Persons (Prohibition) Act 2015; (b) … (d) Prohibition of Child trafficking by the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015;
Para 98) The challenges contained in the second cycle UPR report remain the same, though the current federal and state governments are working very hard to overcome these challenges and several reforms and initiatives are yielding positive results. Some of the main challenges are: … (e) Difficulties in breaking through entrenched mind set on harmful traditional practices affecting the human rights of women and children.

UN Compilation:
Para 8) Referring to the relevant recommendations from the previous review, the United Nations country team stated that Nigeria had given effect to some of its treaty obligations by adopting … the Violence against Persons (Prohibition) Act (2015).
Para 48) [CEDAW] was also concerned that no specific measures had been taken to eradicate polygamous relationships.
Para 65) The Special Rapporteurs on health, on sale of children and on slavery noted that the Violence against Persons (Prohibition) Act prohibited all forms of violence and criminalized marital rape, female genital mutilation, forceful ejection from home and harmful widowhood practices. The Special Rapporteurs recommended that Nigeria ensure that the Act was adopted in those states that had yet to do so.
Para 67) Referring to the relevant recommendations from the previous review, the United Nations country team stated that the Violence against Persons (Prohibition) Act prohibited female genital mutilation, which had been banned in 12 of the 36 states. The country team considered the implementation of those recommendations to be ongoing.

National Report:
Para 40) … d) The Launch of a Campaign to End Child Marriage in Nigeria and a National Strategy to End Child Marriage in Nigeria 2017-2021.

Stakeholder Summary:
Para 88) JS12 expressed concern about the high rates of child marriage and the need to address the underlying factors that contributed to early marriage. JS16 stated that state legislation on the minimum age of marriage varied from state to state.

Stakeholder Summary:
Para 10) JS8 stated that … Nigeria had continued to allow the violation of the rights of the LGBT population, despite its obligations to protect those rights arising from several international human rights conventions to which it was a party.
Para 11) JS5 recalled that Nigeria had not supported any of the recommendations from the previous review that inter alia related to the repealing of those laws that discriminated based on sexual orientation and gender identity.16 Certain provisions in the Criminal Code, Penal Code and the National Law and Drug Enforcement Act had disproportionately affected gay men, … The Same Sex Marriage (Prohibition) Act had negative consequences beyond the deprivation of marriage rights for gay men and women. JS5 stated that, under Sharia law the penalty for homosexuality was death. The Violence against Persons (Prohibition) Act of 2015, had done little to protect gay men, female sex workers and intravenous drug users as vulnerable populations. AFA stated that the Act was yet to be incorporated into domestic legislation in all states.
Para 12) JS8 stated that expansive provisions of the Same Sex Marriage (Prohibition) Act had served to codify homophobia and transphobia. JS12 stated that the Act, which generally criminalized same sex relationships, had created additional criminal offences that targeted persons based on their sexual orientation. JS8 stated that the Act had effectively legalized discrimination and had allowed people to act with impunity. Since its enactment there had been an increase in crimes and human rights violations against LGBT persons and their defenders. JS13 stated that the Act and other discriminatory laws had been used to subject the LGBT community to violations including invasion of privacy, assault and battery, black mail and extortion, denial of access to amenities and education.
Para 13) Referring to a relevant study, JS12 noted a significant increase in fear in seeking healthcare services by men who had sex with men after the enactment of the Same Sex Marriage (Prohibition) Act (2014). JS13 stated that sections 5(2) and (3) of the Act had hindered access to Anti-Retroviral Vaccines, HIV testing and counselling services. JS8 stated that LGBT persons had experienced difficulties in accessing health care services. The denial of such services would have a negative impact on Nigeria’s progress towards HIV eradication.
Para 15) JS5 stated that gay men, … had experienced significant discrimination, influenced by traditional culture as well as religious moral values.
Para 64) JS13 stated that LGBT persons had been subjected to forced, violent and arbitrary evictions.
Para 75) JS8 stated that homophobic bullying in schools had proven to be a serious impairment to adequate access to education. There had also been a failure to provide comprehensive and inclusive education on sexual orientation and gender identity in schools.