Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights

Nkopane, Thandolwethu

Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights

Thesis / Dissertation

2024

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Access to justice is a right guaranteed in all international and regional instruments and domestic constitutions. The full enjoyment, protection, and respect of all fundamental human rights rests on the ability of states to establish effective judicial remedies. The ability of all persons within a state to access these judicial remedies through courts is however limited by procedural rules that do not reflect the modern interpretation of the law. Although access to courts is provided for in several instruments including treaties and state practice, Nigeria has failed to ensure that sexual minorities enjoy their right to access courts. This paper intends to assess the effective implementation of the right to access to courts, particularly for sexual minorities in Nigeria in light of Nigerian courts restrictive approach to locus standi. The research argues that the restrictive interpretation of procedural rules does not facilitate access to justice but violates international human rights. The research draws a clear link between the state obligations under international law to respect, protect and fulfil human rights of sexual minorities and liberally interpreting the law using principles of equality, non-discrimination and effectivity.

Keywords

Law

Reference:

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Masters

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