THE RIGHTS OF THE NIGERIAN CHILD
Maryam Uwais
French Embassy; 9th December 2013
The Convention on the Rights of the Child
• The CRC sets out these rights in 54 articles and two Optional
Protocols. Basic human rights include:
• The right to survival; to develop to the fullest; to protection from harmful
influences, abuse and exploitation; and to participate fully in family,
cultural and social life.
• 4 core principles of the CRC are non-discrimination; the best interests of
the child; the right to life, survival and development; and respect for the
views of the child.
• Rights spelled out in the CRC are inherent to the human dignity and
harmonious development of every child. The CRC sets standards in health
care, education, and legal, civil and social services.
The African Charter on the Rights and Welfare of the Child
• The ACRWC defines a "child" as a human being below the age of 18 years. It
recognizes the child's unique and privileged place in African society, with
emphasis on the fact that African children require protection and special
care. Children are entitled to the highest available standards in education,
health, safe water and sanitation, as well as to an identity, dignity, the
enjoyment of the freedoms of expression, association, peaceful assembly,
thought, religion and conscience (under their parent’s supervisory role). It
aims to protect children as refugees and against being recruited in armed
conflict, and the private life of the child (without compromising on the
rights of parents to monitor, depending on the child’s mental capacity) and
safeguards the child against all forms of economic exploitation and against
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work that is hazardous, interferes with the child's education, or
compromises his or her health or physical, social, mental, spiritual, and
moral development. It calls for protection against exploitation, abuse and
bad treatment, negative social and cultural practices, all forms of
exploitation and sexual abuse, including commercial sexual exploitation,
trafficking and illegal drug use. It aims to prevent the sale and trafficking of
children, abduction, kidnapping, and child beggars/street children. The
ACRWC specifically prohibits child marriage and betrothal and provides for
a child justice administration system that is more aligned with emerging
trends. The Instrument creates definite institutions of care and establishes
a Committee of Experts whose responsibility it is to ensure the
implementation of the rights by the ratifying Member States, through an
obligation of periodic reporting and a procedure for initiating investigations
in furtherance of complaints, once the prerequisites are met.
CRC and ACRWC
• The CRC applies to all UN countries that have ratified it. The ACRWC,
specific to the African continent who have ratified it, recognizes all the
rights guaranteed in the CRC, but specifically applies them to African
culture. For example, Article 21 of the ACRWC addresses harmful
traditional practices common in many African countries that can violate the
rights of children, such as corporal punishment, child labour, early marriage
and FGM. For the first time, also, the duties of the African child are spelt
out, to include respect for elders and culture. It also specifies a minimum
age below which marriage and betrothal are prohibited (18), whereas the
CRC merely suggests that age, leaving it at the discretion of the Member
State. The Committee established under the ACRWC has powers to
investigate complaints raised from Member States, once certain criteria are
met, unlike the CRC Committee.
• Nigeria has signed and ratified both international instruments in 1991 and
2000 respectively. Both instruments affirm a universal set of standards and
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principles for survival, development, protection and participation of
children.
ECOWAS CHILD POLICY:
• The purpose of the policy is, broadly, to strengthen and re-confirm the
commitment to children; especially in the formulation of programmes that
will ensure the development of children, since they constitute the future of
the region. Policy goals include:
1. Child Survival
2. Right to Development
3. Protection of Children with Disabilities
4. Protection from Child Labour
5. Protection from Child Trafficking
6. Protection from Sexual Exploitation and Abuse
7. Protection from involvement with Narcotic drugs and psychotropic
substances
8. Protection of Children from HIV/AIDS
9. Protection from violence
10.Safeguarding children in conflict with the Law
11.Child Participation
12.Creating Child Friendly Environment
13.A Protective Legal Framework, and
14.Sustainable Resource Mobilisation for the Implementation of the ECOWAS
Child Policy
Structure and Content of the CRA/L:
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• The Child’s Rights Act 2003 (CRA/L) is informed by the mandate to provide
one single legislation that incorporates the rights and responsibilities of
children, thereby consolidating existing laws and international instruments
relating to children and specifying the duties and obligations of
government, parents and other authorities, organizations and bodies.
• No Nigerian child shall be subjected to physical, mental or emotional injury,
abuse or neglect, maltreatment, torture, inhuman or degrading
punishment, attacks on his/her honor or reputation.
• Protection of a child against discriminatory, harmful and exploitative
practices: child marriage, child betrothal, infliction of tattoos and skin
marks, exposure to use, production, trafficking, etc, dealing in children for
the purpose of hawking, begging for alms, prostitution, unlawful sexual
intercourse, other forms of sexual abuse and any exploitation prejudicial to
the welfare of the child.
• Establishment of the Family Court, Child Minders, Day Care Centres and
Allied Homes: there are provisions for the establishment of “Family
Courts”. These courts operate at the High Court and Magistrate Court levels
and are vested with the jurisdiction to hear all cases in which the existence
of a legal right, power, duty, liability, privilege, interest, obligation or claim
in respect of a child is in issue, and any criminal proceeding relating thereto
• Child Justice Administration: The provisions prohibit the subjection of any
child to the usual criminal justice process, and guarantees that due process
be given to any child subjected to the child justice system at all the stages
of investigation, adjudication and disposition of any case.
• Child Rights Implementation Committees: the Act provides for the
establishment, membership procedures, and functions of the Child Rights
Implementation Committees at the National, State and Local Government
levels to ensure that there is governmental commitment at all levels to
implementing the provisions of the Act, as also through research,
investigation and jurisprudence.
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Responsibilities of a Child
• The CRA/L provides that subject to age, ability and other legal limitations,
every child in Nigeria shall work towards the cohesion of his/her family and
community; respect his/her parents and elders at all times and assist them
in the event of need; placing his/her physical and intellectual abilities at the
service of the FGN; contribute to the moral well-being of the society;
preserve and strengthen social and national solidarity, the independence
and integrity of Nigeria, the solidarity and achievement of Nigerian, African
and World unity, peace, security, freedom, equality and Justice for all
persons; and to relate with other members of the society, with different
cultural values in the spirit of tolerance, dialogue and consultation.
Broad Challenges
• 23 States and the FCT have enacted the CRL, with most of the States in the
North West and North East zones objecting to the prohibition on child
marriage, as the basis for non-consideration. Those that have enacted the
law, however, are still at various levels of implementation, given the
diverse nature of Nigeria, cultural beliefs, religious misinterpretations and
the lack of diligence on the part of too many of us, including the
Governments, at all levels.
Child/Early Marriage
• A union between spouses carried out below the age of 18 years, before the
child is physically, physiologically, and psychologically ready to shoulder the
responsibilities of marriage and the girl, childbearing. In West Africa (and
several other jurisdictions), it is more often the female that is below 18.
• The union may take place with or without formal registration, and under
civil, religious or customary laws.
• Child marriage is culturally packaged as a social necessity, driven by cultural
beliefs and poverty, but in many cases it amounts to socially licensed
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exploitation, being one of the most persistent forms of sanctioned sexual
abuse. Social acceptability does not diminish from the reality that the girl is
exposed to sexual abuse and exploitation unwittingly by her parents and
family.
• The girl is deprived of the right to education, good health, participation,
access to information and justice, including the ability to improve on her
conditions in life. She is excluded and isolated, placed at risk on many
fronts with no negotiating skills. The prevalence of the incidence of multiple
divorce endangers both the girl and her children. The community is
deprived of her productivity and poverty is further entrenched.
Child marriage must be viewed in the context of gender inequality in the public
and private sphere. Child marriage does not exist in isolation but coexists with
gender in equitable provisions in others areas of public and personal laws.
Attempts at curbing it must be accompanied by measures aimed at addressing
the gaps it is intended to fill.
STRATEGIES FOR ENDING CHILD MARRIAGE
1.
2.
3.
4.
Empower girls with information, life skills and support networks;
Educate and rally parents and community members;
Enhance girls’ access to a high-quality education;
Provide economic support and incentives to girls and their families to
attain an education;
5. Encourage supportive laws and policies.
A country that protects, provides and plans effectively for its children is assured of
its future.
Thank you for your attention!
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