Introduction
The Rights of Children in Nigeria are protected by a comprehensive legal framework that includes national laws such as the Child Rights Act (2003) and international treaties like the United Nations Convention on the Rights of the Child (CRC). These rights cover various aspects of a child’s life, from education and health to protection against abuse, exploitation, and harmful practices. Despite legal provisions, challenges such as poverty, child labor, gender inequality, and armed conflict persist, affecting the full realization of children’s rights in the country. This article delves into the key rights of children in Nigeria, the protections available, and the ongoing efforts by both the government and civil society to ensure their well-being.
The Legal Framework for Children’s Rights in Nigeria
Nigeria’s legal system, shaped by its colonial history and its adoption of international human rights norms, provides several layers of protection for children’s rights. These protections are enshrined in both domestic and international law.
- The Nigerian Constitution (1999)
The 1999 Constitution of the Federal Republic of Nigeria does not explicitly mention children’s rights, but it includes provisions that indirectly protect children. For instance; Section 17(3)(c) emphasizes the need for the State to ensure that children are protected against exploitation and are provided opportunities for healthy development.
Additionally, section 42 guarantees equality before the law, which is crucial for protecting children from discrimination on the basis of gender, ethnicity, or socio-economic status. Although the Constitution does not provide detailed provisions for children’s rights, it lays a foundation for future legislation that aligns with international standards.
- The Child Rights Act (2003)
The Child Rights Act (CRA) is Nigeria’s primary national legislation for protecting children’s rights. It was enacted by the National Assembly in 2003 and serves to domesticate the provisions of the United Nations Convention on the Rights of the Child (CRC), which Nigeria ratified in 1991.
The CRA outlines a comprehensive range of rights and protections for children, including:
- Right to life, survival, and development (Section 4): Every child has the right to life, and the State must ensure to the maximum extent possible the survival and development of the child.
- Right to education (Section 15): The Act mandates free, compulsory, and universal education for children at the primary and junior secondary levels.
- Protection from discrimination (Section 13): Children are entitled to be protected from discrimination on any grounds, including gender, ethnic origin, disability, and religion.
- Right to protection from harmful practices (Sections 21-24): The Act criminalizes harmful practices such as child trafficking, forced labor, and the use of children in armed conflict.
- Protection from abuse (Sections 31-36): The CRA specifically addresses child abuse, including physical, emotional, and sexual abuse, and mandates the establishment of institutions to protect children.
- Parental responsibility (Section 19): Parents or guardians are required to ensure the protection and care of their children, and the government has the duty to intervene if these rights are violated.
- The Nigerian Penal Code and Criminal Procedure Act
In addition to the CRA, the Nigerian Penal Code (which applies in the northern part of the country) and the Criminal Procedure Act (applicable in the southern part) provide protections against crimes that negatively impact children, such as abuse, neglect, child labor, and trafficking.
For instance; both the Penal Code and the Criminal Procedure Act outline severe penalties for crimes related to the sexual abuse of minors. Additionally, they prohibit child labor, particularly in hazardous conditions, and aim to protect children from exploitative work environments.
- International Treaties and Conventions
Nigeria is a signatory to several key international treaties that provide the framework for children’s rights protection:
- The United Nations Convention on the Rights of the Child (CRC): Nigeria ratified the CRC in 1991, and this treaty serves as a cornerstone of the country’s commitment to upholding the rights of children. The CRC outlines civil, political, economic, social, and cultural rights for children.
- African Charter on the Rights and Welfare of the Child (ACRWC): Adopted in 1990, this Charter provides an African context to children’s rights and has been ratified by Nigeria. It complements the CRC and emphasizes child protection and welfare in the African context.
Key Rights of Children in Nigeria
The rights of children in Nigeria can be grouped into several categories:
- Civil Rights and Freedoms
- Right to Identity (Birth Registration): Every child has the right to an identity, including a name and nationality. Birth registration is a fundamental right under Nigerian law, and failure to register a child’s birth is an offense.
- Right to Freedom of Expression: Children in Nigeria have the right to express themselves freely, as long as their expressions do not infringe on the rights of others.
- Family Environment and Alternative Care
- Right to Parental Care: Every child has the right to live with their parents or guardians unless separation is in their best interest (e.g., in cases of abuse or neglect). Parents are expected to provide the necessary care and support.
- Alternative Care: If children are deprived of parental care, the government is required to provide alternative care, such as foster care or institutional care.
- Protection from Abuse, Exploitation, and Neglect
- Right to Protection from Harm: Children are entitled to protection from all forms of abuse, neglect, exploitation, and violence, including physical and emotional abuse, child trafficking, and sexual exploitation.
- Prohibition of Child Labor: The law prohibits the employment of children in hazardous work or exploitation through domestic or commercial labor.
- Right to Protection from Armed Conflict: The CRA and international treaties protect children from being involved in armed conflicts and from being recruited as child soldiers.
- Education and Development
- Right to Free and Compulsory Education: The Nigerian government is obligated to ensure that children have access to free, compulsory primary education and junior secondary education.
- Vocational Training: Children are encouraged to engage in vocational and technical education, especially in areas where formal schooling may not be feasible or sufficient.
- Health and Social Services
- Right to Health: Children in Nigeria have the right to the highest attainable standard of health care, which includes access to essential health services, nutrition, and immunization.
- Right to Social Services: The Nigerian government is tasked with providing social services that promote the welfare of children, including housing, food, and recreational opportunities.
Challenges in the Protection of Children’s Rights in Nigeria
Despite the legal frameworks, there are significant challenges in ensuring the full realization of children’s rights in Nigeria. Such as:
- Poverty: Widespread poverty is a significant barrier to the enjoyment of children’s rights, as many families cannot afford education, healthcare, or adequate living conditions for their children.
- Child Labor and Exploitation: While child labor is prohibited, economic hardship forces many children to work in harmful conditions, often in the informal sector, agriculture, or domestic service.
- Gender Inequality: Girls in Nigeria face additional barriers, including early marriage, gender-based violence, and discrimination in education and inheritance rights.
- Inadequate Enforcement of Laws: Despite the existence of child protection laws, enforcement remains weak due to corruption, lack of resources, and inconsistent application of the law at the state and local levels.
- Child Trafficking and Exploitation: Child trafficking for labor, sexual exploitation, and recruitment into armed conflict continues to be a serious issue, especially in the northern parts of the country.
- Armed Conflict and Displacement: Children in regions affected by insurgencies, particularly in the northeast (e.g., by Boko Haram), face extreme vulnerability to exploitation, abduction, and recruitment into armed groups.
Role of Government and Civil Society
The Nigerian government, through agencies such as the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), the National Human Rights Commission, the Ministry of Women Affairs and Social Development, and state-level child protection agencies, plays a critical role in addressing violations of children’s rights such as establishing child welfare centers, launching awareness campaigns on children’s rights, and providing social support to vulnerable children and families.
Additionally, Civil society organizations (CSOs) also play a vital role in advocating for children’s rights, providing direct services, and holding the government accountable
Conclusion
The protection of children’s rights in Nigeria is an ongoing process that requires a concerted effort from the government, civil society, and international partners. While progress has been made, significant challenges remain, particularly in addressing child labor, gender-based discrimination, and the protection of children in conflict zones. Strengthening the enforcement of laws, raising public awareness, and improving the availability of resources for children and families are crucial steps toward ensuring that all Nigerian children can enjoy their full rights and potential.
References
- https://placng.org/lawsofnigeria/laws/C50.pdf
- https://iawj.org/content.aspx?page_id=2507&club_id=882224&item_id=4600
- https://www.verazadvocates.com.ng/child-rights-in-nigeria/A Guide for Victims of Crime Preparing for Trial – AWJAI
