THE RIGHTS OF A
CHILD
CHILD RIGHTS ACT
WHO IS A CHILD?
• According to the United Nations Convention on
the Rights of a Child, 1988 (UNCRC 1989), a child is
a human being below the age of 18 years, unless
under the law applicable to the child, majority is
attend earlier.
WHAT ARE HUMAN
RIGHTS?
• Human rights are inborn privileges and naturally
occurring freedoms available to every person by
virtue of being human regardless of age, race,
gender, religion, nationality, circumstance of birth,
or any other factor. They are inter-rekated, inter-
dependent and indivisible.
WHAT IS AN ACT?
• An Act refers to laws or legislations made by the
National Assembly - the law making body at the
Federal level.
WHAT IS CRA?
• The Child Rights Act 2003 is a Legislation,
enactment or set of laws regulating, protecting, and
promoting the rights and freedoms of children. It is
the domestication of the United Nations
Convention on the Rights of a Child, 1989 in
accordance with the provision of Section 12(1) of
the Constitution of the Federal Republic of Nigeria
1999 (CFRN 1999). It contains 278 Sections, 24
parts and 11 schedules.
WHY IS IT NECESSARY FOR
CHILDREN TO HAVE
RIGHTS?
• Children are to be treated with equality, dignity and
respect, not because that are the future of
tomorrow, but because they are human beings
today. This should cut across law, religion, politics
and morality.
• "In every acton • Section 3 of the CRA
concerning a child...the 2003 bestows a child
best interest of the with the same
child should be fundamental rights
paramount" Section 1 contained in Chapter IV
of the CRA 2003 of the Constitution
(CFRN, 1999)
RIGHT TO SURVIVAL
AND DEVELOPMENT
(SECTION 4)
• Every child has the right to life with the basic and
necessary adequate standard of living for proper
physical, mental, social, emotional and spiritual
development.
RIGHT TO NAME
(SECTION 5)
• Every child at birth has a right to an identity. This
includes name - first name, surname, date of birth,
gender and nationality.
• Certificate of Birth and Origin should be offered as
well.
FREEDOM OF ASSOCIATION AND PEACEFUL
ASSEMBLY (SECTION 6)
• Every child has the right to freely associate,
form play groups, interact with people, and join
or create groups.
• The parents have a responsibility of ensuring
that their associations and relationships are
healthy and do not violate the law.
• Children have the right to be treated as citizens
and grow and live in a society that loves,
respects and cares for them.
FREEDOM OF THOUGHT,
RELIGION AND CONSCIENCE
(SECTION 7)
• Every child has the right to express him/herself.
• They have the right to share what they learn, think, or feel in
a way that does not harm others or violate the rights of
others.
• Even though children do not have the right to vote, they
should be allowed to freely express their political opinions
and make constructive criticisms.
• They have the right to belong to any religious group of their
choice as well.
• Parents and guardians should regard the opinions of
children with seriousness.
• The story of Naaman is an example as seen in 2nd Kings
5:1-27.
RIGHT TO PRIVATE AND
FAMILY LIFE (SECTION
8)
• Every child has the right to his/her privacy, family
life, phone calls, messages, etc without unnecessary
interference from the parents, adults, or other
children.
• However, the parents still have a responsibility of
ensuring that their children's communications are
safe and healthy.
• The Bible in 1st Corinthians 15:33 says that "evil
communication corrupts good manners". This also
makes it necessary for parents to guide their
children's communications.
FREEDOM OF MOVEMENT
(SECTION 9)
• Children have the right to move about and are
free from bondage, but their movement is
subject to parental control.
• The control, however should not be harmful to
the child.
• It should not also affect their education,
welfare, security and safety.
FREEDOM FROM
DISCRIMINATION (SECTION 10)
• Children have the right to equal opportunities,
not regarding their age, family background,
race, gender, religion, nationality, physical
appearance, circumstance of birth or any other
factor.
• Refugee children should be treated equally as
citizens.
RIGHT TO PRIVATE AND
FAMILY LIFE (SECTION
8)
• Every child has the right to his/her privacy, family
life, phone calls, messages, etc without unnecessary
interference from the parents, adults, or other
children.
• However, the parents still have a responsibility of
ensuring that their children's communications are
safe and healthy.
• The Bible in 1st Corinthians 15:33 says that "evil
communication corrupts good manners". This also
makes it necessary for parents to guide their
children's communications.
RIGHT TO DIGNITY OF THE
CHILD (SECTION 11)
• Children have their privacy and preservation of
human person and should be protected,
including online.
• Their personal information should not be
published without their consent and
permission.
• Victims of child rights abuse should not have
their faces published. This can be seen in TV,
newspapers or magazines.
RIGHT TO LEISURE, RECREATION AND
CULTURAL ACTIVITIES (SECTION 12)
• Children should be allowed to participate in
cultural and creative activities.
• Those from minority ethnic groups should be
free to engage in cultural activities that are
practiced in their culture, even though not
practiced by those from the majority ethnic
groups.
• Artwork that are created to harm or annoy
others should be discouraged.
RIGHT TO HEALTH AND HEALTH
SERVICES (SECTION 13)
• In the words of KOFI ANNAN, Former United
Nations Secretary General, " There is no health
without healthy people..."
• Every child has the right to life which is to be
facilitated by nutritious food, good health and
regular check ups, electricity, clothing, safe housing
and environment and clean water.
RIGHT TO PARENTAL CARE,
PROTECTION AND MAINTENANCE
(SECTION 14)
• Children deserve parental care and guidance.
• Separation should only be to guarantee their
welfare,
• They should not be separated from their parents
unless if one or both parents are abusive.
RIGHT OF A CHILD TO FREE AND
COMPULSORY UNIVERSAL PRIMARY
EDUCATION (SECTION 15)
• According to the UNESCO CONVENTION AGAINST
DISCRIMINATION IN EDUCATION 1960, "Education is
not a luxury, but a fundamental right of everyone
including those with disabilities."
• This makes it necessary for every child to attend
primary, secondary and tertiary (University, Polytechnic
or College of Education) education.
• Children are to be taught to participate as active
citizens, develop their skills and respect the rights,
cultures and differences of others.
RIGHT OF A CHILD IN NEED OF
SPECIAL PROTECTION MEASURE
(SECTION 16)
• Every abused child has the right to seek legal aid
and medical assistance.
• Legal aid refers to the concept whereby indigenes
who cannot afford the services of a lawyer are
given free legal services.
• Children can also make complaints if abuse to a
third party who could be a lawyer or any
responsible adult.
RIGHT OF AN UNBORN CHILD TO
PROTECTION AGAINST HARM
( SECTION 17)
• An unborn child has the right to sue a person for
trying to harm him while he was still in the womb,
after his birth.
• An unborn child only has the right to be considered
in the sharing of his father's or mother's property if
they die intestate ( without making a will). Provided
the child was conceived in their lifetime.
CONTRACTAL RIGHTS
OF A CHILD (SECTION
18)
• Any contract, apart from a contract of necessities
(e.g food) entered into by a child shall be void.
• No person shall bring an action against a child with
regards to a contract that existed during his
childhood period.
• SECTION 19 • SECTION 20
• Responsibilities of a • Parents, etc are to
parent and child. provide guidance with
respect to child's
responsibilities.
• Sections 21 - 25 • Sections 28 - 30
prohibits child prohibits child labour.
marriage, child
betrothal, child tattoos
and skin marks, use of
children for production
and distribution of
narcotic/ hard drugs.
• Sections 31 and 32 condemns any sexual activity
with a child.
• Section 31(1)(b) criminalizes the act, even with the
child's consent.
• Section 31(2) prescribes life imprisonment for rape
of a child.
• Section 32(2) prescribes 14 years imprisonment for
child's sexual abuse ( where it is not rape).
ENFORCEMENT
MECHANISMS
• Court system
• The National Human Rights Commission (NHRC)
• Ministry of Education
• Ministry of Women Affairs and Social Development ( Child
Development Department)
• National Council of Child Rights Advocates if Nigeria
(NACCRAN)
• Nigerian Children's Parliament
• National Agency for Prohibition of Trafficking in Persons
(NAPTIP)
• The Police Force
CHALLENGES FACING THE
ENFORCEMENT OF THE RIGHTS OF
A CHILD IN NIGERIA
• Lack of public awareness of the CRA
• Poverty
• Illiteracy
• Harmful cultural practices
• Resource constraints
• Weak enforcement and lack of political will
POSSIBLE SOLUTIONS
• Public awareness and enlightenment campaigns of
the CRA
• Inculcation of the CRA into school curriculum
• Increased funding of the child rights enforcement
programmes
• Equal access to education
• Investment in poverty eradication and reduction
programmes.
CONCLUSION
• According to KOFI ANNAN,
"There is no trust more sacred than the one the
world holds with children, there is no duty more
important than ensuring that their rights are
expected, that their welfare is protected, that their
lives are free from fear and want and that they can
grow up in peace."