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An Overview of Childrens Rights

In Nigeria, the Child's Right Act of 2003 protects the rights of children, defining a child as anyone under 18 years old and ensuring their rights to life, dignity, education, and freedom from discrimination. The Act aligns with international conventions and mandates that the best interest of the child is paramount in all actions concerning them. However, not all states in Nigeria have adopted this Act, leading to significant challenges and risks for children in those regions.

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0% found this document useful (0 votes)
9 views4 pages

An Overview of Childrens Rights

In Nigeria, the Child's Right Act of 2003 protects the rights of children, defining a child as anyone under 18 years old and ensuring their rights to life, dignity, education, and freedom from discrimination. The Act aligns with international conventions and mandates that the best interest of the child is paramount in all actions concerning them. However, not all states in Nigeria have adopted this Act, leading to significant challenges and risks for children in those regions.

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As humans, we have general rights and obligations immaterial of gender,

age, race, location, culture and religion. For example, the right to life, the
right to dignity of a human person, etc. These general rights become
effective once a person is born.

In Nigeria, it is pertinent to note that, once a child is born, all general legal
rights accrue to him or her except those rights that are limited to the
attainment of certain age and status, for example, the right to vote and be
voted for in the country’s election. To ensure that a child enjoys these rights,
certain laws have been enacted and institutions put in place for the sole aim
of protecting a child in the society.

WHO IS A CHILD

A child is a person who has not yet reached the age of adulthood, whether
natural, cultural, or legal. Under the Child’s Right Act, a child is a person who
has not attained the age of 18 (eighteen) years.[1]

Legal Rights of a Child

The major legislation that protects a child in Nigeria is the Child’s Right Act
of 2003. This act was enacted by the National Assembly in 2003 to provide
for and protect the right of every Nigerian child. It provides that the best
interest of a child should be paramount in all actions that concern a child

This Act was enacted to give full effect to the provisions of the United
Nations Convention on the Rights of the Child and the African Charter
on the Rights and Welfare of a Child. Part II and Part III of the Act deal
with the Rights and Responsibilities of a Child, and the Protection of the
Rights of a Child. Some of these rights will be discussed briefly below.

An unborn child may bring an action for damages against a person for harm
or injury caused whether willfully or not to him or her either during or after
birth. An unborn child can also inherit from the intestate estate of either of
his or her parent after birth.[2]

Every child has the right to be given a name, either at the point of birth or
any subsequent date as dictated by the culture of his parents or guardian.
The birth of every child shall be registered in accordance with the provisions
of the Birth, Death, etc. (Compulsory Registration) Act 1992..

Every child has the freedom of association, peaceful assembly, thought,


conscience, and religion in conformity with the law and in accordance with
the necessary guidance and directions of his parents or guardians. Parents
and guardians shall have regard to the evolving capacities and the best
interest of the child[3].
Every child has the right to freedom of movement however, this is subject to
parental control which is not to be harmful to the child.[4]

Every child is entitled to rest and leisure and to engage in play, sports, and
recreational activities appropriate to his age and health status. To participate
fully in cultural and artistic activities of Nigerian, African, and World
Communities.[5]

Every child is entitled to the best attainable state of physical, mental, and
spiritual health and immunization for children under the age of 2. Also, every
child is entitled to basic education explained in this Act to mean primary and
junior secondary school.

Right to dignity and freedom from discrimination. This implies that every
child is entitled to respect for the dignity of his person and not subject to any
physical, mental, or emotional injury, abuse, neglect, or maltreatment
including sexual harassment. No child shall be subject to torture, inhuman or
degrading treatment. Also, no child shall be subject to any deprivation
merely by reasons of the circumstance of his birth, place or origin, sex, or
political opinion.

A child does not have the capacity to enter into a contract. Therefore, a child
is not contractually liable for repayment of money borrowed or payment for
goods bought except if the goods are necessities. Necessities in this instance
can include food, clothing, etc. depending on the circumstances of the case.
An action for the payment of such money cannot be brought against such
child even after attainment of the age of majority even if such child had
signed a contract for repayment.[6]

No person shall have sexual intercourse with a child or any other sexual-
related offence. Any person who contravenes this provision has committed
the offence of rape and is liable on conviction to imprisonment for life or 14
years imprisonment.[7]

No child under the age of 18 years can contract a valid marriage under the
Marriage Act. Also, no parent, guardian, or any other person shall betroth a
child to any person. A person who contravenes these provisions of the Act is
upon conviction, liable to a fine of 500, 000.00 or imprisonment for the term
of 5 years, or both. However, such a child can be validly married under the
relevant Customary Law and Islamic Law.[8]

Every child has the responsibility to respect his or her parents, elders, and
superiors at all times and assist them when in need. Work towards the
cohesion of the family and community. This responsibility also extends to the
Federal Republic of Nigeria and its components.
Also, no person shall employ, use, or involve any child in any activity
involving or leading to the commission of an offence. Anybody who breaches
this provision commits a criminal offence and is liable on conviction to a term
of 14 years’ imprisonment.[9]

Other Legislation that Protects a Child includes;

1. THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA (as altered)–


The Constitution is the principal legislation in Nigeria. Every other law
derives its powers from it. Any provision of any other law that is contrary to
the provision of The Constitution shall be null and void to the extent of its
inconsistency.

The Constitution in Chapter IV made provisions for Fundamental


Rights for its citizens. By the provision of section 3 of the Child Rights Act,
the application and enforcement of these rights can be enjoyed by every
Nigerian child.

2. CRIMINAL CODE– Section 30 of the Criminal code provides that, a child


under the age of seven is not criminally responsible for any act or omission.
This means such a child is deemed to be incapable of committing a crime in
the eyes of the law. Also, a child below the age of 12 is not criminally
responsible for an act or omission except if it can be proved that such child
at the time of doing the act or making the omission, had the capacity to
know that he ought not to do that act or make such omission.

The last part of this section provides that a male child below the age of 12 is
presumed to be incapable of having carnal knowledge. Carnal knowledge
here means, engaging in sexual activities. However, this is a presumption of
law therefore, it can be rebutted by tendering relevant evidence to prove
otherwise.

3. LABOUR ACT– Section 59 – 61, provides for the categories of work a child
may be employed for. In summary of the sections, a child cannot be
employed to work in any capacity except where he is employed by a family
member on light work for agricultural, horticultural, or domestic work as may
be approved by the Minister of Labour. Or be required in any case to carry,
move or lift any objects so heavy as to be likely to injure his physical
development.

No young person under the age of 16 shall be employed against the wish of
his parents or guardian. Also, such a person shall not be employed in a work
that will require him or her not to return to his dwelling place by night.

Can a Child Sue to enforce his or her Rights?


Yes, a child can sue. However, since he or she has not attained the legal age
of majority, which is 18 years in Nigeria, he or she can sue through his legal
guardian, which in most cases is the parents.

CONCLUSION

There are several laws that protect a child. This work has focused on
selected sections of the Child Rights Act. It is quite unfortunate that this Act
has not been domesticated (adopted) by some states in Nigeria. 11 Northern
States in Nigeria have not domesticated the provision of the Child Rights Act.
This can be due to ethnic and cultural values obtainable in such states, for
example, child marriage particular to females, begging, genital mutilation,
etc.

This has substantially exposed children in such states to untold hardship and
physical and mental injury. More so, these rights have not been fully
enforced in some of the States that have domesticated them. This also has
put the lives of children in considerable danger.

SNIPPET

To ensure that a child enjoys these rights, certain laws have been enacted
and institutions put in place for the sole aim of protecting a child in the
society.

KEYWORDS: Rights of a Child, Nigerian Children, Rights of Nigerian Children

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

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