The Rights of a Child in Nigeria

By Nneamaka Onyema

Introduction

The rights of a Nigerian child are enshrined in several metropolitan laws and global instruments.

Who is a child in Nigeria?

The term “Child” has been defined in various terms to adjust to areas for which a purpose is served. For instance, Section 29(4) of the 1999 Constitution of the Federal Republic of Nigeria (FRN) defines a child as any person under the age of 18.

The United Nations Convention on the Rights of the Child defines child as a human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.

The term “Children in conflict with the law” refers to anyone under 18 who comes into contact with the justice system as a result of being suspected or accused of committing an offence.

These various laws and instruments are made based on sure fundamental ideologies connecting to the advancement of human continued existence, avoidance of hurt, promotion and sustenance of human dignity and the enhancement of human development. These ideologies identify the intricate theory that the child is the foundation of humanity and he or she guarantees its continuity.

The Legal Rights of a Child as enshrined in Nigerian Laws

Chapter IV (Section 33 – 46) of the 1999 Constitution of the Federal Republic of Nigeria (FRN) provides for the fundamental rights of every person including children.

These rights include:

1. The Right to life (Section 33)
2. The Right to dignity of the human person (Section 34)
3. The Right to personal liberty (Section 35)
4. The Right to fair-hearing (Section 36)
5. The Right to privacy and family life (Section 37)
6. The Right to freedom of thought, conscience and religion (Section 38)
7. The Right to freedom of expression and the press (Section 39)
8. The Right of freedom of movement (Section 40)
9. The Right to freedom from discrimination (Section 41)
10.  The Right to acquire and own immovable property anywhere in Nigeria (Section 42)
11.  The Right against compulsory acquisition of one’s property without compensation (Section 43)

In addition to the rights provided by the Nigerian Constitution, the Child’s Rights Act of 2003 expands and provide for more defined rights specific to the protection of the rights of the Nigerian Child.

The Child’s Rights Act (2003) is the law that guarantees the rights of all children in Nigeria, providing for the best interest of a child to be of paramount consideration in all actions. It also provides for a child to be given protection and care necessary for his or her wellbeing.

The rights and responsibilities of a child are enshrined in Part II (Section 3 – 20) of the Child’s Rights Act 2003

These rights include:

1. Application of Chapter IV of 1999 Constitution (Section 3)
2. Right to survival and development (Section 4)
3. Right to name (Section 5)
4. Freedom of association and peaceful assembly (Section 6)
5. Freedom of thoughts, conscience and religion (Section 7)
6. Right to private and family life (Section 8)
7. Right to freedom of movement (Section 9)
8. Right to freedom from discrimination (Section 10)
9. Right to dignity of a child (Section 11)
10. Right to leisure, recreation and cultural activities (Section 12)
11. Right to health and health services (Section 13)
12. Right to parental care, protection and maintenance (Section 14)
13. Right of a child to free, compulsory and universal primary education, etc.(Section 15)
14. Right of a child in need of special protection measure (Section 16)
15. Right of the unborn child to protection against harm, etc. (Section 17)
16. Contractual rights of a child (Section 18)
17. Responsibilities of a child and parent (Section 19)
18. Parent, etc. to provide guidance with respect to child’s responsibilities  (Section 20)

The CRA 2003 further provides for punishment for child marriage and betrothal, child trafficking, use of children in criminal activities, abduction, exploitative labour, forms of sexual abuse and exploitation, tattoos and skin marks, harmful publication, exposition to narcotic drugs and psycho-tropic substance, recruitment of children into the armed forces amongst other exploitations and unlawful engagements of a child.

The law also provides for immediate provision of safe foster care and shelter for a child endangered in his or her immediate environment.

Several States, including the Federal Capital Territory (FCT), have adopted the CRA. However, some States in Nigeria are yet to domesticate the Child’s Rights Act and it is expedient that they do so without further delay for the protection of children in their States.

ONYEMA, Nneamaka Esq., Legal Practitioner| Chartered Mediator & Conciliator| Girl-Child Advocate| Humanitarian is based in Abuja.