Legal framework for the protection of child rights in nigeria

AuthorTajudeen Ibraheem
PositionLL. B (Hons), B.L, LL. M (Ife) C.O.M, AMNIM, MBLAS, Notary Public
Pages46-53
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 3 (2015), pp. 46-52
LEGAL FRAMEWORK FOR THE PROTECTION OF CHILD RIGHTS IN
NIGERIA1
O. I. Tajudeen
Tajudeen Ojo Ibraheem
LL. B (Hons), B.L, LL. M (Ife) C.O.M, AMNIM, MBLAS, Notary Public
Senior Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba Akoko, Ondo
State. Nigeria.
E-mail: taju.ibraheem@yahoo.com; G.S.M No.: +2348023362799
Abstract2
As far as human rights law is concerned, children constitute a minority group. They are by
their nature very vulnerable and thus merit special laws to cater for their needs as the well-
being of generations to come depend on how well children are raised today. The writer takes
a look at the Nigerian legal system as it relates to children. It examines the UN CRC and the
Nigerian CRA 2003.
Keywords: child, children, law, Nigeria, rights
Introduction - who is a child?
The United Nations Convention on the Rights of the Child defines a child as "a human
being below the age of 18 years unless under the law applicable to the child, majority is
attained earlier"3. The various Children and Young Persons enactments in Nigeria on the
other hand define ‘child’ as a person who has not attained the age of 14 years and ‘young
person’ as one who has attained the age of 14 years but has not attained the age of 17 years.
http://en.wikipedia.org/wiki/Child - cite_note-un-3 Children generally have fewer rights than
adults and are classed as not able to make serious decisions, and legally must always be
under the care of a responsible adult. In some cases, the age at which a person ceases to be a
child varies even under different laws in the same country. However, for the purposes of this
write-up, the word child covers both children and young persons.
Why children?
Children are the assurance of the continuity of the human society. Without children
today there will be no society of humans’ tomorrow. Yet they are the most vulnerable
members of the society. They lack the physical, emotional and mental maturity required to
face life. They, therefore, require special safeguards, care and protection. In addition, children
are unique by their nature and their needs and as such the normal rights guaranteed adults are
not adequate to cater for the special needs of children.4
1TAJUDEEN OJO IBRAHEEM, LL. B (Hons), B.L, LL.M (Ife) C.O.M, AMNIM, MBLAS, Notary Public, Senior
Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba Akoko, Ondo State. Nigeria. E-mail:
taju.ibraheem@yahoo.com; G.S.M No.: +2348023362799
2 This paper originally constituted a chapter in the writer’s M. Phil thesis submitted to the Faculty of Law,
Obafemi Awolowo University, Osun State, Nigeria. It has subsequently been abridged for the purpose of this
publication.
3Convention on the Rights of the Child The Policy Press, Office of the United Nations High Commissioner for
Human Rights, http://www.hakani.org/en/convention/convention_rights_child.p df
4 http://dailyindependentnig.com/2013/10/the-child-rights-act-2003-the-rights-the-benefits/. Accessed on
11/03/15
46

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