F1000Research (Jul 2024)
The legal and institutional framework for the protection of religious rights in Nigeria and the right to wear Hijab in public institutions. [version 2; peer review: 4 approved]
Abstract
Background Religion and its exercise are among the most sensitive discourses in different parts of the world, especially in Nigeria. The constitution and other laws ensure citizens are afforded basic human rights of which religious rights are included and yet regulated. There are questions of interpretation as to the extent to which such rights can be enjoyed and the efficacy of both the legal and institutional frameworks protecting religious rights in Nigeria. Methods This article utilises a doctrinal legal research approach utilising existing literature, statutes, and laws enacted towards the protection of religious rights in Nigeria with the consideration of primary and secondary sources of statutes including the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, International Conventions, law textbooks, and peer-reviewed journals. A comparative analysis of Nigeria, Tunisia, Algeria, Turkey and Kazakhstan was done to gain perspectives on balancing conflicting interests in light of Nigeria’s heterogeneous status. As part of the contribution to knowledge, a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions is presented to further enrich Nigeria’s jurisprudence. A hybrid model is an approach that combines different sources or methodologies by integrating two or more distinct frameworks to leverage their strengths and effectively address specific needs or challenges. It is utilized to achieve synergy and maximize outcomes by blending diverse legal approaches in law. Results Nigeria, being a multi-ethnic and multi-religious state, demonstrates that the government must protect the public interests as it relates to religious rights regardless of faith or religion. The study reveals that the current legal approach without further legislative intervention on religious issues will be inadequate to address the problem. Therefore, this study presents a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions to avoid harm and further enrich Nigeria’s jurisprudence. Conclusions This study concludes by emphasizing the inadequacy of Nigeria’s legal and institutional frameworks regarding the protection of religious rights and the right to wear hijab in public institutions. Consequently, reform is deemed necessary.
