The Legal Protection of Children Under Child’s Right Act 2003 and Human Rights in Nigeria (Published)
The Child Rights Act (CRA) was in 2003 adopted and domesticated in Nigeria. This piece of legislation ushered in a new legal framework, which stated that every child has the right to life, survival, education and social development. Hence, the importance of children’s education in any given society is very essential to the social and economic development of that society particularly for its future attainment, advancement and development. To deny the child rights to education is to deny the nation its critical development economically, socially, politically and otherwise. The needs of a child ranging from health care, feeding, clothing, accommodation rest on the shoulders of adults, parents, guardians and the government, because children are vulnerable and cannot cater for themselves, hence, they must be provided guidance, training and care for meaningful contribution in the society. This responsibility of educating the child for critical thinking and development lies on the society. It is in recognition of this, that the right to education has been entrenched in several international, regional and domestic legal instruments. Nonetheless, there is the problem of implementation and enforcement of these extant laws as there are still so many uneducated, unfed, and tattered children in the street engaged in hawking and child labours. Economic landscape of the future generation in Nigeria cannot be guaranteed. The aim of this study is to examine the legal protection of children under the Nigeria Child Right Act 2003. The study adopted the doctrinal research method to achieve the objective. The study observed that the various constitutive legal instruments though adequate however, lack proper mechanism or institutional framework for implementation and enforcement. The researcher recommends constitutional amendment to include child’s right to education as a fundamental right.
Keywords: Child Labour, Child Rights, Child Rights Act (CRA), Nigeria, child protection, fundamental rights, implementation and enforcement, right to education
An Evaluation of the Effectiveness of Child Rights Protection Laws in Nigeria (Published)
In 1984, the campaign against child abuse in Africa was commenced vigorously by Africa Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN). The organization held conferences, considered the dimensions of child abuse and came up with Protocols and Treaties, protecting African children from all forms of abuse Thirty-Four years after, child abuse is still prevalent in our society. The aim of this work is to examine the effectiveness of child protection legislation in Nigeria. The dimensions of child abuse in Nigeria and the provisions of some International Child protection instruments such as African Charter on the Rights and Welfare of the Child, African Charter on Human and Peoples’ Rights (Ratification & Enforcement) Act, International Convention on Civil and Political Rights, International Labour Organization Convention No 138 On The Minimum Age For Employment, Optional Protocol to the Rights of the Child on the Involvement of children in Armed Conflict (OPAC) 2000, Optional Protocol on the Sales of Children. Child Prostitution and Child Pornography. The Convention on the Consent to Marriage, and Minimum Age for Marriage and registration of Marriage, were also examined. To achieve this, the researcher adopted the doctrinal research method. The researcher used primary source materials such as the Constitution, Statutes and Treaties. Secondary source materials such as textbooks, journals, dictionaries and indexes to law reports were also used. This work is canvassing the fact that enactment of new laws is not needed to curb child abuse in Nigeria but few amendments to refine the already existing laws. This work is also canvassing for a spirited enforcement mechanism and practical implementation of existing laws especially the Child’s Right Act. This work recommended the amendment of the Abortion Law (section 230 criminal Code), section 5, section 31(2), and section 17 of the Child’s Right Act. It also recommended the enforcement of Chapter Two of the Nigerian 1999 Constitution, and the adoption of the Violence Against Person (Prohibition) Act 2015 in other Nigerian States other than the Federal Capital Territory, Abuja, in order to provide solace for male victims of rape while eradicating the ancient belief that a male cannot be raped.
Keywords: Child Rights, Effectiveness, Evaluation, Nigeria, Protection, laws