The Child’s Rights Act 2003 (CRA 2003) contains a number of laudable provisions which, if implemented, would go a long way to ensure the protection and welfare of the Nigerian Child.

For our purposes, a child is any person below the age of 18 years, which will thus include adolescents.

The Act outlines certain basic rights of the child and goes further to provide criminal sanctions for the violation of some of these rights in a bid to ensure that these rights are upheld. Some of these rights which are recognized by the CRA 2003 include the following:

i.  Right to life, survival and development

ii.  Right to a name, nationality, privacy and family life

iii.  Freedom of association and peaceful assembly (in conformity with the law and in accordance with the directions of his/her parents)

iv.  Freedom of thought, conscience and religion – which in essence means the right to express his or her opinions – subject to parental direction especially when adoption, fostering, guardianship or custody is in issue

v.  Freedom of movement subject to parental control

vi.  Freedom from discrimination merely by reason of his belonging to a particular community, ethnic group, sex, religion, circumstances of birth

vii.  Respect for dignity of person which implies that the child shall not be subjected to physical mental/emotional injury, abuse, torture, inhuman or degrading treatment, servitude, slavery or other debasing acts

viii.  Right to leisure, recreation and cultural activities

ix.  Right to health and health services, parental care, free compulsory and universal primary education, amongst others

An important issue not addressed in the Act however, is that of birth registration. It is hoped that in the nearest future this all important requirement will be addressed for the common good of both the society and its children. It is only when the government is aware of the child’s existence that his/her rights under the Act can be fully protected. Bearing in mind the structure of our society, various media should be utilized to ensure a wide coverage or easy accessibility to the means of birth registration. For example, the birth registration/certificate forms could be deposited at hospitals so that the registration of every birth will be a pre-requisite for discharge of a mother after every delivery. In the same vein, churches which engage in infant baptism could be co-opted, such that where the infants are brought for baptism, those without a birth registration/certificate could then be registered. All birth registration registers could then be forwarded to the appropriate ministry on a periodic basis.

The need for heightened education as to the advantages of birth registration cannot be over-emphasized so that those who are skipped by the hospitals and churches above mentioned may proceed directly to the appropriate ministry to register the birth of their children.

It is common knowledge that child welfare is an unpredictable issue, having more grey areas than black and white, with murky waters that must be trod with care. Indeed the CRA 2003 recognizes this fact where it provides in section 1:

“In every action concerning a child the best interest of the child shall be the paramount consideration.”

Consequently, it may become necessary in certain circumstances to talk to the children themselves to discover what they really need and how they feel in order that their best interests may be deciphered. Thus there will be a need to train more child psychologists who will specialize in counseling these children especially those who find themselves as head of their families, due to being orphaned at a very tender age.

Also, it may be necessary to find other alternatives for the implementation of the provisions of the Act, as far as punitive measures go, to gain favourable results for the good of the child especially in the areas of education, the issue of poverty alleviation, strengthening and supporting child welfare organizations as well as ensuring the existence of a vibrant judiciary.

THE NEED FOR IMPROVED EDUCATIONAL MEASURES

The veracity of the saying that “Knowledge is power” needs little assertion in a society like ours with its widespread illiteracy and low rate of education.

There is an ignorance of the existence of the CRA 2003, especially by the parties whose involvement in ensuring its successful implementation is most necessary and very much needed. Top of this list are the parents/guardians of the children and the children themselves who have no idea that they have rights and what those rights are.

Thus, some form of education for these people is needed, and where necessary improved, especially in the light of the legal maxim which states that “ignorance of the law is no excuse”; possibly by organizing seminars in schools for the children to educate them on their rights and responsibilities in the form of extramural classes and also seminars for the parents to educate them on their roles in the protection and care of their children. This may be easier and more effectively carried out if the Parents-Teachers Association of Nigeria is co-opted to help get the parents together for the seminars.

In essence, it is more favourable in educating this section of the society on child’s rights to highlight the advantages of Child welfare protection to elicit their voluntary co-operation than by threatening them into compliance by insisting upon the penal consequences of any action contrary to the provisions of the CRA 2003.

ADDRESSING THE ISSUE OF POVERTY

Section 14 of the CRA 2003 recognizes the right of every child to maintenance by his parents/guardians in accordance with the extent of their means and allows for the separation of a child from his parents for purposes of education, welfare and in the exercise of judicial determination such as fostering, adoption etc.

Due to the prevalence of poverty in our society, many children are constantly separated from their indigent parents for various purposes which are however hidden under these subheads, particularly the first two of education and welfare, so much so that it has become clear that poverty has driven many a parent to sell some or all of their children or simple abandon them especially the newly-born in street corners or empty dustbins, gutters, etc. These children who are sold become victims of all kinds of slavery, forced labour, prostitution, forced marriages, etc and those abandoned who are not lucky enough to be found by good citizens, die of starvation, severe temperatures amongst other harsh conditions.

Thus, the involvement of the government at its various tiers in addressing this issue of poverty will be very much instrumental in ensuring the welfare of these children.

It should be however mentioned for the governments both at the federal and state levels that much has been done in the area of poverty alleviation by provision of micro-credit loans, organization of seminars on self-employment and other means of self-empowerment of indigenes. However, a lot is still yet to be done.

Furthermore, any success in the realization of the provision of the section 15 CRA 2003 is largely dependent on the efforts of the government. Section 15 provides for the right of every child to free, compulsory basic education to be provided by the government in this case primary education and gives the duty of ensuring the completion of their secondary education, with the option of learning a trade, to parents/guardians.

It is suggested that it would be more favourable if some form of subsidy such as provision of scholarships for children who show promise at the primary level of education and whose parents are indigent for the completion of their secondary education is also legalized by an enactment similar to section 15 of CRA 2003. This will be more in line with looking after the interest of the child in accordance with the Act.

There are certain instances where it may be in the best interest of the child that punitive measures be carried out against persons who violate any of the provisions of the CRA 2003. Some of these instances as provided by the Act include the following:

i.  Buying and selling of children for the purpose of begging, prostitution, guiding beggars, domestic or sexual labour, slavery, child trafficking, debt bondage, etc attract 10 years imprisonment

ii.  Unlawful sexual intercourse with a child is rape and attracts a penalty of life imprisonment regardless of the fact that the offender believed the child to be above 18 or whether the child agreed to it.

iii.  No child can be validly married or betrothed and anything contrary to this will attract a penalty of 5 years imprisonment or N50,000 fine

iv.  Tattooing the skin or making any mark on any part of the body of a child attracts a penalty of N5,000 or 7 months imprisonment

v.  Using a child for drug trafficking attracts life imprisonment

vi.  Using of children to commit criminal activities attracts a penalty of 14 years in imprisonment

In the essence, the CRA 2003 stresses the fact that poverty is not a sufficient excuse for the atrocities committed against children.

CHILD WELFARE ORGANIZATIONS

Both the government and the private sector are presently involved under this heading, in looking after the welfare of children especially the less privileged. Added to the various ills to which a child is exposed and which all require equal attention, is the HIV/AIDS scourge. The CRA 2003 recognizes the right of a child to freedom from discrimination merely by reason of his belonging to a particular community, sex, ethnic group, religion or circumstances of birth (emphasis mine) this is the situation with children born with HIV.

With the growing rate of the HIV/AIDS pandemic and its attendant effects on children, who not only lose their parents to the disease but are also innocent carriers of the virus (especially those who have contracted the disease from the womb), it behoves on these organizations to step up their activities with respect to the protection of these children who are not immune to the victimization society metes out to HIV positive adults, especially since the situation among the children is even more deplorable because not only do they become orphans due to the disease they are, through no fault of theirs, treated as outcasts where their deceased parents have transmitted the virus to them in one way or the other, most of them live outside family care and are marginalized, stigmatized and discriminated against.

With their growing numbers, and thus increasing need for protection, support and care the various child welfare organizations must necessarily come up with innovative and efficient programmes that will ensure the best interest of these children, as well as that their dignity is protected.

THE RELEVANCE OF A VIBRANT JUDICIARY

At present, the Nigerian society lies in need of greater efficiency in governance; thus, the enactment of the CRA 2003 while laudable is not enough to ensure the protection of the Nigerian child. The Judiciary and the Executive arms of Government also have their roles to play in the interpretation and implementation of its provisions.

Although it has already been suggested that all areas of mediation should first be explored before resorting to the courts, it does not in the least imply that the role of the Court in the protection and care of the child be undermined because, as has already been stated – and it cannot be overemphasized – the best interest of the child should be the paramount consideration.

For instance, where it is in the best interest of the child that an offender (such as a child-trafficker or child molester) be incarcerated for violating any of the provisions of the Act, it behoves on the courts to ensure that justice is served and that can only be possible where there is a vibrant judiciary in place to ensure the efficient and speedy delivery of justice.

CONCLUSION

In conclusion, it is suggested that in the domestication or review of local, national and international and generally accepted ethical standards for preserving of safety and protection of the child, the non-legal aspects such as education, involving the community and its empowerment, the child welfare organizations and encouraging more government response, should be taken into account in such a way that the welfare of the child be made paramount, without undermining the importance of an active Judicial system.

Robot  # 1 | 03.04.2008 13:34

The Child’s Rights Act 2003 (CRA 2003) contains a number of laudable provisions which, if i...Read the full article.