Introduction

A heart wrenching video on X, Instagram and TikTok released on the 27^th of January left several Nigerians in tears as it captured the reality of several Nigerian children and the loss of their rights.

Samuel, A nineteen-year-old boy, was found in tatters, selling plastic waste and cartons to raise money just to survive the harsh realities of the Nigerian economy. Upon further conversation with the young man, it was revealed that he had learnt tiling, a vocational skill but due to the financial situation of his family and the cost of equipment, he had been unable to purchase the tools of his trade and change his status from apprentice to master.

The response to his story by the online community was not bordered only on emotions, it cut across the dignity, socio-economic challenges and importantly, triggered conversations about the legal protections facing young people in Nigeria.

Although Samuel can presently be seen as an adult, his story did not just start today, it began a long time ago and took form in 2017, aged eleven, when formal education no longer seemed a viable option and he had to take on learning a skill in order to get a means of income and become a provider in the family.

Unfortunately, Samuel’s story isn’t the only one in such situation. Several stories of young Nigerians weathered by the storm in the Nigerian economy which puts them at a disadvantage even before their birth.

Some stories are captured by the occasional content creator who passes by their corner, while others are left to struggle in silence, away from the eyes of the world. These stories always leaves us pondering on where and how it all went wrong for the average Nigerian and brings to question, the provisions of the law in relation to children and young persons in Nigeria especially those still legally recognized by law as children and entitled to a wide range of rights and privileges aimed at their protection, development and upholding their dignity.

This article seeks to answer this question and identify the rights of all children in Nigeria irrespective of tribe and or social standing. 

Child Rights in Nigeria

A major turning point in the evolution of the right of children in Nigeria was the ratification of international instruments by the legislature, particularly the United Nations Convention on the Rights of a Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). 

The United Nations Convention on the Rights of a Child (CRC), 1989

 This is the foremost international human rights treaty dedicated exclusively to children. It was adopted by the United Nation General Assembly on 20^th November, 1989.

This Convention represents a unifying agreement that children are not merely object of care but bearers of enforceable rights. It entered into force on the 2^nd of September, 1990 and has since become a widely ratified human rights instrument. Anchored on four core principles guiding the interpretation and implementation of all its provisions, the Convention marked a shift in international law by affirming children as independent right holders entitled to comprehensive protection and participation.

These four core principles are;

• Non-discrimination,
• Best interests of the child,
• Right to life/development; and
• Right to be heard.

Under Articles 2, 3, 6 and 12 of the Convention respectively.

The Convention is monitored by the United Nations Committee on the Rights of the Child.

Ratified by the Nigerian Legislature in 1991, the United Nations Convention on the Rights of a Child (CRC) became a foremost foundational framework for child rights protection and enforcement in the country.

African Charter on the Rights and Welfare of the Child (ACRWC)

The African Charter on the Rights and Welfare of the Child (ACRWC) is the principal regional human rights instrument dedicated to the protection of children in Africa.

It was adopted by the African Union (formerly Organisation of African Unity) in 1990 and entered into force in 1999. The Charter was developed in order to respond to the specific needs and address the realities of the African child alongside the United Nations Convention on the Rights of the Child (CRC).

Established by the Charter is the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). The committee is charged with monitoring the implementation and regulation of the Charter.

As at 2021, the African Charter on the Rights and Welfare of the Child (ACRWC) had been ratified and domesticated by fifty member states of the African Union including Nigeria who ratified on the 23^rd of July, 2001. The adoption of these instruments signaled Nigeria’s commitment to upholding the rights of her children. The ratification of both the African Charter on the Rights and Welfare of the Child (ACRWC) and the United Nations Convention on the Rights of a Child (CRC) led to the need to provide a comprehensive legal framework for child protection and this birthed the Child’s Right Act which was passed into law in July, 2003.

The Child’s Right Act

The Child’s Right Act is Nigeria’s principal legislation dedicated to the protection, survival, and development of children. It represented a decisive shift from a welfare-based approach to a rights-based framework in child protection, consolidating international standards and providing a comprehensive legal regime for safeguarding the interests of children in the country.  

Children according to Section 277 of the Act are persons under the age of eighteen and in Sections 1 and 2, the Act places a strong emphasis on ‘the best interests of the child’ as the paramount consideration in all decisions affecting a child. It also assigns legal duties on several parties like parents, guardians and even the government to ensure that its purpose is fulfilled. 

Under Part II of the Child Rights Act from Sections 4 down to 18, the basic rights of a child are stated some of which are as follows;

• Every child has the right to life, survival and development.
• Every child is entitled to a name, family and nationality.
• Every child is free to belong to any association or assembly in accordance with the law. 
• Every child has the right to express opinions and freely communicate them on any issue subject to restrictions under the law.
• Every child is entitled to protection from any act that interferes with his or her privacy, honour and reputation.
• Every child is entitled to adequate rest, recreation (leisure and play) according to his or her age and culture.
• Every child (male and female) is entitled to receive free and compulsory basic education and equal opportunity for higher education, depending on individual ability.
• Every child is entitled to good health, protection from illness and proper medical attention for survival, personal growth and development.
• Every child must be protected from indecent and inhuman treatment through sexual exploitation, drug abuse, child labour, torture, maltreatment and neglect.      
• No child should suffer any discrimination irrespective of ethnic origin, birth, colour, sex, language, religion, political and social beliefs, status or disability.

The enforcement of these rights in Nigeria is anchored on a combination of statutory and institutional frameworks operating at all levels to ensure the guarantee of these rights.

Institutional Frameworks

Certain organisations and institutions have within the scope of their creation, the best interests of the Nigerian child. These institutions are charged with ensuring that the rights of the children within their jurisdictions are not trampled upon and adequate punishments meted on those who reduce the quality of life of the children.

Some of these institutions are;

1. The Judiciary: The judiciary is the primary enforcer of children’s rights in Nigeria. Courts interpret and apply child related laws providing remedies for violations where needed. Sections 149-152 of the Child’s Right Act establishes family courts at both the Magistrate and High court. These Courts adopt child friendly procedures and enforce rights relating to custody, adoption, exploitation, juvenile delinquency, neglect and maintenance. The authority of the court in adjudicating cases related to child’s right have been seen in several cases for instance, in Odogwu v. Odogwu (1992) 2 NWLR (pt 225) 539, the court held that “cultural practices or parental preferences must give way where they conflict with the welfare of the child”. Another important case is Esabunor v. Faweya (2019) 7 NWLR (pt 1671) 316 (SC) where the court held “parental authority is not absolute and must yield where the life, health or welfare of a child is threatened”.  These cases further emphasized the priority placed on the rights of children in Nigeria.

2. Ministry of Women Affairs and Social Development: The Federal Ministry of Women Affairs and Social Development and its state counterparts are the administrative agencies for child protection. Coordinating policies and programs on child welfare, the ministry oversee shelters and rehabilitation centres and also, supervise adoption processes. In accordance with Section 207 of the Child’s Right Act, the ministry also deploys child development and social welfare officers to directly check on the welfare of children under the custody of the state and see to cases of potential infringement on the right of a child.

3. Law Enforcement Agencies: In the enforcement of children’s rights, the Nigerian Police force plays a crucial role by handling the prevention and investigation of offences against children. Special units such as the Juvenile Welfare Units, Gender desks and Family Support Units handle cases involving child abuse, exploitation, trafficking and juvenile offences. These agencies are required to treat children humanely and in line with child-friendly justice principles in tandem with the provisions of the Child’s Right Act and Administration of Criminal Justice Act (ACJA) 2015.

4. National Human Rights Commission (NHRC): Established under the National Human Rights Commission (Amendment) Act 2010, the commission is charged with the promotion, protection and enforcements of human rights including the rights of children. It is in charge of receiving complaints, conducting investigations, undertaking public enlightenment campaigns and providing access to remedies for victims of child rights violations. It is of a quasi-judicial nature and thus, accountability in child protection matters is enhanced.

Other institutions with the powers to enforce and protect the right of a child include; the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), the National Orientation Agency (NOA), the United Nations Children’s Fund (UNICEF) et al

Challenges in the Enforcement of Child Rights

Several examples of the abuse of children’s rights are prevalent in society today, ranging from child labour (leaving children to work from a very early age to bring back income from tasks such as hawking, scavenging and the likes), modern day slavery (maids and nannies being treated badly) down to child prostitution and even child marriage which has become a norm in the Northern part of the country, all acts which are frowned upon by the law but still find a way to creep into the life of the less privileged Nigerian child unchecked.

According to UNICEF, about six in ten Nigerian children experience physical, sexual or emotional violence before age eighteen. The National Human Rights Commission received 212,480 complaints of child right abuses covering trafficking, child labour, child marriage sexual abuse, abandonment and many more. Another report by UNICEF showed that fewer than 5 out of every 100 children who report abuse and tampering of their rights receive any form of support service. A number that is mind boggling and yet, not a surprise due to the laxity and want of proactiveness from the various enforcement agencies.  

Another major issue faced in the enforcement of children’s rights is that the Act is a federal legislation and full application depends on the domestication by individual states and out of the thirty-six states in the country, only twenty-four have domesticated and are guided by it.

For the war against child abuse to prevail, all states in Nigeria would have to take the bull by the horns and ensure proper enforcement of the Child Rights Act.

Key Reforms

For the enforcement of right of the Nigerian child and a visible improvement in the standard of life, several reforms must be put in place to ensure that the scope of the various instruments promoting the right of a child is well covered and takes precedence in the life of every Nigerian child. Some of these reforms include;

1. Domestication of the Child’s Right Act in all Nigerian states.
2. Children are legally presumed to be under the care and economic responsibility of their parents or guardians (Section 14 of the Child’s Right Act) and so, proper investigation must be carried out on parents whose children are found in inappropriate locations and if need be, the children be withdrawn from their care and taken by law enforcement or child development officers into protective custody or government approved shelters.
3. Application of strict punishments on persons who trample on the rights of a child either through abuse, exploitation or any other form.
4. Proper training of officials of the institutional frameworks for the enforcement of child rights.
5. Public enlightenment campaigns to educate the public on child rights and
6. Where possible, provision of financial assistance and relief materials to low-income families to ease the financial burden from the parents else the burden be transferred to the children.

The British Council.org.ng also posted a How To Guide for Juvenile Women and Children’s Unit.

Conclusion

The Nigerian legislation on the rights of children, seeks to ensure that children are adequately catered for in order to aid their development into prim and proper individuals. Yet, in every nook and cranny of society is a child struggling to survive, robbed of his childhood and bearing weights that even full-grown adults dread to carry because society has failed to recognise that he or she is but a child, entitled to rights and privileges. The onus rests on the government and various child rights organisations to implement major reforms and upgrade the quality of life for the average Nigerian child.

Written by Samuel

Edited by Onyinyechi Ezeoke