The United Nations Convention on the Right of the Child signed into Law in 1989 was domesticated in Nigeria as Child Rights Act, 2003 (CRA).
Under the CRA, a child is any human being below the age of 18 years
S. 1– In every action concerning a child, whether undertaken by an individual, public
or private person, institutions or service, court of law or administrative or legislative authority, the best interest of the child shall be the primary consideration.
Under CRA, the four basic rights of a child are:
- Survival Rights
- Development Rights
- Protection Rights, and
- Participation rights
- Survival rights include- right to life, health and good health services
2. Development rights include- right to education and recreation
- Protection rights says it’s the responsibility of the parents/guardian, Teachers (formal/vocational school) and government to protect the child from harms.
Child Marriage Prohibited
- 21- No person under the age of 18 years is capable of contracting a valid marriage, and accordingly, a marriage so contracted is null and void and of no effect whatsoever
- 23. – A person who marries a child, to whom a child is betrothed, who promotes the marriage of a child or who betroths a child commits an offence and is liable on conviction to a fine of N500,000.00 or to 5 year imprisonment or to both fine and imprisonment
RAPE:
Under S. 31 (1), no person shall have sexual intercourse with a child
31 (2), a person who contravenes the provisions of (1) above commits an offence of rape and is liable to LIFE IMPRISONMENT!
Under S.31(a & b), it is immaterial that the offender believed the person to be of or above 18 years or the sexual intercourse was with the consent of the child.
(meaning that, whether you know the survivor of rape is a child or not, or whether the child consent or not- once a carnal knowledge of a child is established, the offender has committed rape and liable to life imprisonment.
Under S. 32- a person who sexually abuse or sexually exploits a child is liable on conviction to a term of 14 years imprisonment.
- Participation rights- children should be allowed to have their say in matters that concern them and their view should carry weight.
Activities of Children’s Parliament in Nigeria is a good example of Child participation. For example in Kwara State, two children Parliamentarians representing Kwara State between 2008 and 2011 at the National Children’s Parliament advocated for the establishment of Family Court in Kwara State in 2009; and the Kwara State Judiciary approved and established it. Since then till date, hundreds of children and family cases have been handled by family court in Kwara State.
Also, the same Children Parliamentarians established Kiddies Sight Saving Endowment Fund in 2011. Between then and present, 74 indigent children in Nigeria have enjoyed free eye surgery and treatment from the charity!
Written by:
Biola Adimula, Ph.D – Principal Partner, Biola Adimula & Co. –
www.salvationchamber.com; office@salvationchambers.com