Skip to main content

The African Dream: Attitudes and Prejudices in African Schools

  • Chapter
  • First Online:
Education Law, Strategic Policy and Sustainable Development in Africa

Abstract

In 2014, Nigeria reaffirmed its stance against same-sex relations by adding the Same-Sex Marriage Prohibition Act 2013 (Nigeria’s anti-gay law) to its already existing list of anti-gay laws such as the Criminal Code, Penal Code and Armed Forces Act. The effect of this is that the human rights situation of sexual and gender minorities in Nigeria has gone from bad to worse. This is in spite of Nigeria’s national and international human rights commitments which amongst other things demand that the right to dignity and non-discrimination of all persons be upheld by the state. These rights encompass all human rights inclusive of the right to education. Though the right to education on its own is not enforceable in Nigeria, umbrella rights such as the rights to dignity and non-discrimination are. In this light, this paper focuses on the illegality of Nigeria’s anti-gay law based on its normative and practical implication on the enjoyment of human rights, education and dignity in Nigerian schools by sexual minority children and young persons as such establishing the inconsistency of Nigeria’s anti-gay law with the inclusion goal in Africa’s Agenda 2063 .

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 89.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 119.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 119.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Bibliography

Books

  • Blessed Body: The Secret Lives of Nigerian Lesbian Gay Bisexual and Transgender, Cooking Pot Publishing Nigeria (2016).

    Google Scholar 

  • Shilts, Randy. 1982. The Mayor of Castro Street. United Kingdom: St. Martins Press.

    Google Scholar 

International Human Rights Treaties

International Human Rights Instruments

  • African Comm. on Human and Peoples’ Rights, Resolution on Protection against Violence and other Human Rights Violations against Persons on the Basis of Their Real or Imputed Sexual Orientation or Gender Identity, Resolution No. 275.

    Google Scholar 

  • Dar es Salaam Declaration.

    Google Scholar 

  • Kampala Declaration.

    Google Scholar 

  • Lima Declaration on Academic Freedom and Autonomy of Higher Education Institutions.

    Google Scholar 

  • UN Committee on Economic Social and Cultural Rights General Comment 13.

    Google Scholar 

  • UN Committee on the Rights of the Child General Comment 14.

    Google Scholar 

  • UN Human Rights Committee General Comment 34.

    Google Scholar 

  • UN Human Rights Committee General Comment 34.

    Google Scholar 

  • Universal Declaration of Human Rights.

    Google Scholar 

National Legislation

Journal Articles

  • Academy of Science of South Africa. 2015. Report on Diversity in Human Sexuality: Implications for policy in Africa ‘What Are the Public Health Consequence of Criminalising Same-sex Sexual Orientations and Attempting to Regulate the Behaviour/Relationships Related to Some Sexualities Orientation?’.

    Google Scholar 

  • Berlan, Elis, et al. 2010. Sexual Orientation and Bullying Among Adolescents in Growing Up Today Study. Journal of Adolescent Health 46 (4): 366–371.

    Google Scholar 

  • Carey, Rea, and Suman Chakraborty. 1999. Class President or ‘Just Another Suicide Statistic’: The Effects of Homophobic Harassment on Youth. Geoorgetown Journal of Gender and the Law 1: 125.

    Google Scholar 

  • Chanda, Alfred. 2000. Gaps in the Law and Policy in the implementation of the Conventi on on the Rights of the Child in Zambia. Zambia Law Journal 32: 1–19.

    Google Scholar 

  • Chiroma, Magaji, and Awwal Ilyasu Magashi. 2015. Same-sex Marriage Versus Human Rights: The Legality of the Anti-gay and Lesbian Law in Nigeria. International Law Research 4 (1): 11.

    Google Scholar 

  • Chirwa, Danwood Mzikenge. 2002. The Merits and Demerits of the African Charter on the Rights and Welfare of the Child. International Journal of Children Rights 10 (2): 157–177.

    Google Scholar 

  • Coomans, Fons. 2007. Identifying the Key Elements of the Right to Education: A focus on the Core Content. London: Child Rights Information Network.

    Google Scholar 

  • Drame, Fatou Marie, et al. 2013. Gay Men and Other Men who have Sex with Men in West Africa: Evidence from the Field. Culture, Health and Sexuality 15 (Suppl 1): 7–21.

    Google Scholar 

  • Lloyd, Amanda. 2002. A Theoretical Analysis of the Reality of Children’s Right in Africa: An Introduction to the African Charter on the Rights and Welfare of the Child. African Human Rights Law Journal 2 (1): 11–32.

    Google Scholar 

  • Nwazuoke, Anthony and Chinedu Igwe. 2016. A Critical Review of Nigeria’s Same Sex Marriage (Prohibition) Act. Journal of Law, Policy and Globalisation 45.

    Google Scholar 

  • Obidimma, Emmanuel, and Angela Obidimma. 2013. The Travails of Same-Sex Marriage Relation Under Nigerian Law. Journal of Law, Policy and Globalization 17: 42–43.

    Google Scholar 

  • Onuche, Joseph. 2013. Same Sex Marriage in Nigeria: A Philosophical Analysis. International Journal of Humanities and Social Science 3 (12).

    Google Scholar 

  • Viljeon, Frans. 1998. Supra-national Human Rights Instruments for the Protection of Children in Africa: The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The Comparative and International Law Journal of Southern Africa 31 (2): 199–212.

    Google Scholar 

Case Law

Human Rights Reports

Internet Articles

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to David Nnanna Chukwukadibia Ikpo .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2018 The Author(s)

About this chapter

Cite this chapter

Ikpo, D.N.C. (2018). The African Dream: Attitudes and Prejudices in African Schools. In: Onuora-Oguno, A., Egbewole, W., Kleven, T. (eds) Education Law, Strategic Policy and Sustainable Development in Africa. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-53703-0_11

Download citation

Publish with us

Policies and ethics