Children and young persons, like adults, also have rights. These stem from the appreciation that children are humans, and are neither the property of their parents nor helpless objects of charity. Special attention, therefore, has been placed on children and their rights, both nationally and internationally. So much so that the largest conglomeration of countries (the United Nations, UN) in 1946 established the United Nations International Children’s Emergency Funds (now known as the United Nations Children’s Funds), UNICEF devoted to aiding national efforts to improve the health, nutrition, education and general welfare of children. The UN exemplarily held a Convention on the Rights of the Child in 1989 which has been a guide to UNICEF as well as all nations, on the rights of a child.
The reason for the focus on and the great concern for the child is not farfetched. Generally, children are the worst hit and most vulnerable in society. In Nigeria for example, it is reported that over 1.3 million children have been forced to flee their homes from conflicts in North-East Nigeria. At a time, some 3 million children could not go to school. Such unpalatable statistics exist across the globe.
According to UNICEF, Nigeria accounts for more than one in five out-of-school children anywhere in the world. With the highest rate of child brides in Africa and 6 out of 10 children reported to have suffered one or more forms of violence before reaching 18 years of age, the clamour and campaign for child’s right and protection in Nigeria have remained relevant.
WHO IS A CHILD?
The issue of who qualifies as a child seems to be an unsettled business across many jurisdictions. The international community vide the 1989 Convention on the Rights of the Child (CRC) defines the child as any human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.
The definition above operates, therefore, subject to the definition, qualification and description a nation provides with regards to who a child is. There is, therefore, no blanket provision for who a child is; the matter seems irresoluble.
Safe to say that the word minor is sometimes used interchangeably with child, they may differ at times in context.
In Nigeria for example, while the Child’s Right Act (CRA) defines a child as someone below 18, the Children and Young Persons Act stipulate the below-14 age bracket for same. Several other age stipulations exist depending on the subject matter.
RIGHTS OF A CHILD
Children rights can be defined in various ways. It could be placed under civil, political, economic, social and cultural rights. However, the rights of the child can be classified into two broad forms- the general human rights and specific child rights. While the former simply refers to the rights that accrue to the child for being humans- same as adults- the latter refers to those rights that accrue specially to the child by virtue of being a child. In other words, when a child outgrows the prescribed age bracket of being a child, these rights no longer accrue to him/her.
Generally, child rights include, but are not limited to;
- Right to freedom of association with both parents.
- Right to special protection during childhood.
- Right to care and nurturing.
- Right to name
- Right to life
- Right to education
- Right to health care
- Right to protection from economic and sexual exploitation etc.
IN NIGERIA
As expected, children in Nigeria have rights too. With about 278 Sections, the Child Rights Act 2003 which is Nigeria’s attempt at domesticating the Convention on the Rights of the Child 1989 (CRC), is a leading legislation in Nigeria with regards to Child rights. Quite unfortunately, it has not been adopted across all states in Nigeria. As of today, only about 24 states have adopted the same. Other legislations that have made provisions for the rights a child can benefit from, generally and or specifically, include;
- The 1999 Constitution (as amended).
- The Children and Young Persons Laws of various states.
It is worthy of mention that though some legislations do not make express provisions for the rights of a child, the tenor of their construction shows that special consideration was given to children. For example, the criminal code exonerates any child below seven (7) from criminal liability. For children below 12 years old, the capacity to appreciate the offence has to be specially proven. Someone below 18 years cannot give valid sexual consent…Just to mention but a few.
FACTORS AFFECTING THE RIGHTS OF A CHILD
The rights of children in Nigeria have been militated against by many factors. Chiefly are religion and customary practices. For example, while the CRA prohibits child marriages, the Islamic faith allows child betrothal.
Other major challenges of child right enforceability are government policies, jurisdiction, extant laws, culture, sociopolitical realities, etc.
Unfortunately, the most supreme law of the land does not make salient enforceable provisions that are more specific to the child than the general public. The entire chapter 2 of the 1999 Constitution that mentions rather impotently rights to education, good governance, social amenities etc. seems to be but a façade. In this regard, one may correctly to say that child rights are not particularly guaranteed, as no matter how loud the CRA is, the silence of the Constitution is louder.
CONCLUSION
While the struggle continues, Nigeria and the entire universe must realize that the child is a special being and the hope for the future. Investing in children and guaranteeing their rights is one sure way of securing the future. Many non-governmental organisations (NGOs) and legally inclined establishments have risen to contribute their two cents making it easier for one to easily get help in protecting the rights of the child. The future we seek lies in the children we protect today. Until legislation are improved and unified, and the interest of the child placed foremost in all considerations, the real struggle may not have started. Little wonder with all the various legislations, going by both existing and emerging statistics, we have been progressing backwards.