Social/Kiddies
‘Why Child’s Rights Act Still Doesn’t Apply Throughout Nigeria’
Nigeria adopted the Child’s Rights Act in 2003, giving legal consent to both the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the child. The country’s constitution states that for an international law to take effect, Nigeria’s legislature must create a national version.
But as Nigeria operates a federal system of government, the law does not automatically become applicable in all of its 36 states. In terms of the constitution, children’s issues are the preserve of the constituent states. Each state legislature must make the national law applicable within its territory. And only 25 of the 36 states in Nigeria have localised the Child’s Rights Act.
Currently, 11 states, all in northern Nigeria, have yet to domesticate the Child’s Rights Act. There are no records of discussions or debates about the Act in these state legislatures. It has been argued that other laws, including the constitution, are able to protect children. But children in those states are still subject to practices like early marriage, female genital mutilation and begging.
Why The Law Has Not Been Adopted Fully:
Apart from the federal structure of Nigeria’s government, there are other reasons the Child’s Rights Act has not been adopted by all states. Chief of them is religion, coupled with ethnic and cultural diversity. The dominant religions in Nigeria are Christianity and Islam, with a significant population being adherents of traditional African religions.
It may be simplistic to describe Nigeria as comprising “a Muslim North” and “a Christian South”. There are significant numbers of Christians in the north and Muslims in the south. But Islam does dominate in the north, in comparison to the south.
And the Supreme Council for Shariah in Nigeria, along with some legislators from the north, characterised the Child’s Rights Act as anti-culture, anti-tradition and anti-religion. Some of the contentious issues include the definition of the child (a person below 18 years) as it pertains to child marriage, particularly for girls.
Child marriage is a prevalent practice in parts of the north. Children about the age of 10 or 12 years get betrothed or married off. While the Child’s Rights Act prohibits child betrothal and child marriage, there are other operational laws that make exceptions.
The basis for this is that in Islam, puberty is a determining factor in a (girl) child’s readiness for marriage. Fixing 18 years as the minimum age does not fit the doctrine.
Other religious concerns against the acceptance of the Child’s Rights Act include children’s right to freedom of religion, differences in the inheritance rights of male and female children, and the Shariah’s prohibition of adoption, in favour of kafalah, which distinguishes between biological and non-biological children.
Implications:
By ratifying the Child’s Rights Convention and African Children’s Charter, the Nigerian government has the overall responsibility for ensuring these are implemented in a uniform and coherent manner. The government also took on the responsibility of discouraging religious, cultural, customary or traditional practices that are inconsistent with the Charter.
Yet, at the most basic level, the government is failing to live up to this obligation. Children, a most vulnerable group on account of physical and mental immaturity, bear the brunt of this inaction. They are being denied the full protection of the law. And the consequences for many children, besides child marriage and its health and other consequences, include negative impacts on their education and overall development.
With regard to education for example, the socio-cultural Almajiri system remains prevalent in the north. The practice allows children, usually from poor homes, to be sent to “Islamic boarding schools” for religious education. Many, however, end up on the streets as child beggars, seeking alms and menial jobs for daily survival.
Successive governments have failed to incorporate it as part of the formal school system, leaving children exposed to harmful practices and abuses prohibited by the Convention on the Rights of the Child, the African Children’s Charter and the Child’s Rights Act. In Nigeria, recruitment of these child beggars by terrorist organisations such as Boko Haram is a real threat or option.
Children Need Uniform Protection
The Child’s Rights Act and the African Children’s Charter define a child as a person below 18 years. But various laws in Nigeria define children differently and for various purposes. The government needs to take the lead in harmonising the various definitions in conformity with these international and regional laws.
A constitutional amendment would ensure unification across the nation. It should leave no loopholes for contradictory laws, particularly at the state and local levels or based on religion or customs. But a constitutional amendment is a Herculean task, hampered by some of the obstacles facing the Child’s Rights Act. It should consider the multi-cultural and multi-religious nature of Nigerian society but focus on the best interest of all children.
While the constitution does not expressly declare Nigeria to be a secular state, a harmonious approach to law making that does not vilify religion is in the best interests of the child. Religious and traditional leaders are “gatekeepers” who cannot be jettisoned. Negotiations with them should not devalue their religion, but get them to become drivers of change for the benefit of children.
The importance of public education campaigns about the issues cannot be over emphasised. The voices of children must also be amplified. Increasingly, examples from the world over show that the power to cause real change begins with the populace. In other words, political will can be secured via a bottom-up rather than top-down approach.
States that have domesticated the Child’s Rights Act also have a role to play in challenging the remaining 11 states to do the same. They can do this by showing concrete evidence of the change in the lives of children in those states.
There is no strong case to be made for domestication if it has not translated into fulfilled rights for children. For example, female genital mutilation, a prohibited harmful traditional practice, is still common in parts of southern Nigeria.
Ultimately, where children are concerned, all actions must be in their best interests. The first step in that regard is applying the Child’s Rights Act across the country.
By: Usang Maria Assim
Assim is of the University of Western Cape.
It is the idea of God that family should exit. Children form part of the family. God loves family so much that Jesus was born into the family of Joseph.
Everyone’s family is good and important. Children should not look down on their family whether they are rich or poor.
Children should respect and honour their family and foster love among their siblings. They should work together and make peace in the family. They should always stand in the gap. It is good for family members to carry all along since everyone may not be doing well.
The Christianity that children learn is practised in family. Faith-based organisations do a great job in moulding children’s character. Those are the behaviours that children exhibit towards siblings in family.
Every child born in a family is there for a purpose. A baby born into a family is supplying something. It may be joy, wealth and so on. Everyone is important in a family.
Adolescents who have graduated from school but may not be contributing financially can do one or two things at home. You can engage in preparing meals at home while parents are away for a job or business. Contributing in house chores will go a long way to relieve parents of stress after a day’s job.
What do you contribute to your family, especially during holidays both in nuclear and extended family?
The family you were born is constant but friends are temporary. You can decide not to continue in friendship but you cannot cut off your family. No matter how bad you think your family is and you decide to leave home, you must surely return. Your friends can harbour you for a while.
The child’s first identity comes from the family. What the child learns first comes from the family.
Family is the centre of love and care. People have started playing down on marriage because of neglect on basics of family. Marriage starts today and and the next few months, it is threatened. Respect for family plays a crucial role in marriage.
No child grows without parental control and influence. If a child refuses to grow without taking instructions from parents, he may grow up being wild. There are consequences when children do not obey their parents. There are those who want to be rebellious against their parents. They should know that their length of days are tied to their parents.
Your bioligical parents know you more than every other person. There is the wisdom and knowledge your parents have that you do not so it is proper to listen to them before choosing carriers both in academics and job. A young man or woman can choose who to get married to, but a greater role in the choice of who to marry and the marriage proper comes from the parents.
They know what is best for you. No matter how modern trends will influence you and prove it wrong, parent is the key. No one can love you more than your parents because they are your blood.
A lot of parents have been traumatised due to the fact that children they nurtured and trained turned their back on them at older age. Children should not abandon their parents for any reason.
As you grow up, situations may arise in marriage when you decide it is over with your spouse, but no matter the level of provocation with your parents, they will not despise you. Parents will also play a role in that regard. Problem arises in every family but how it is handled matters a lot.
Some children honour their mentors more than their parents. Although there are parents who shy away from their responsibilities. It is important that parents take full responsibility of their children. You cannot bring a child to the planet earth and refuse to perform roles as a parent. But parents may not quantify what they spent from childhood to adolescence. That is a blessing children cannot get from another person.
There are people who have attributed their failure in life to the fact that their parents, especially mothers are witchcraft. It is wrong to feel that your mother is instrumental to your failure in life. The only way to success is hardwork.
Let money not determine the level of love for your parents. Wherever a child goes, family is constant.
Eunice Choko-Kayode
Naturally, when a child is born, it is the role of the father and mother to decide a suitable name for the child. The husband and wife normally discuss and suggest the English or vernacular name of the baby.
But sometimes, when a baby comes into a family, grandparents hearts are usually filled with joy to the extent that they want to answer present, by giving their own names not minding the fact that the biological parents have given theirs.
This happens mostly when the marriage is an inter-tribal one. It also happens even in intra-tribal marriage. Grandparents want equal representation as far as naming a child is concerned. They also have special names as a result of circumstances surrounding the birth of the child.
This is still happening till date.
A lot of people have viewed this in different ways but there is nothing wrong about it. The most important thing is that the child bears as many names as he or she can. But one thing is certain, the child must bear one name in school.
Should circumstance determine a child’s name?
Women who are more emotional are always eager to name their children considering the circumstances surrounding the child’s conception and arrival.
The issue of grandparents naming a child comes up mostly when it is the first of the family.
In naming children by some parents in the olden days, they named their children according to the days in the week in which they were born, like Sunday, Monday, Friday and so on.
You may be shocked to hear that whether a child is given 10 names by parents or grandparents, when he or she grows up, will decide to change. There are several cases where some persons decided to change especially when they feel that the names given by their parents and grandparents do not give them joy. If they are not doing well in life, they may claim that their misfortune is caused by the name their parents.
Competition among children in schools be it primary, (kindergarten) and secondary come in different forms. It can be Mathematics , debate, quiz, spelling bee,competition, from organisations like Cowbell, multi-national companies, faith-based organisations among others.
They are organised mostly for selected intelligent ones, the best among their peers to represent a class, school or group. Prizes are normally set aside for the best as well as consolation prizes for runners-up at the end of each session.
The question is, are children willing to accept defeat when they fail? As parents, guardians, can you encourage your children or wards to accept defeat instead of shouting and comparing them with others who may be performing better either in schools or outside.
Some parents may be blaming their children for not doing well in competitions. They will like to tell their children if others who may perform better have ten heads. Those group of parents blame their children for every failure.
For your children to do better in competition, the parents too must have emotional intelligence. When you continue to blame your children for failure, how intelligent are you?
Some parents always want their children to be in the 1st position and unhappy whenever they secure 2nd position. There were instances where children smashed their trophies because they never got the position they wanted to get and their parents supported them.
Children should be able to accept it whether they win or not. They should be encouraged for every performance. Discourage the issue of “shame, shame, shame, shame”.
A parent says she always tells her children to win even if they will fail. Always give them the mentality that they can win. Children should be given the impression that they can win prizes and laurels in every competition.
Parents should not isolate their children from others in the neighbourhood. Allow them to play with others. Don’t threaten your children that you may not pay their schools fees if they fail. Comparing them with others may encourage or discourage them.
Coming first or getting award as a first class student from the university sometimes does not mean that the person is the best. And if the child does not merit any award in the lower classes, does not mean that he can not merit first class also.
It should be noted that coming first in academic competition may not really mean that the competitor will be the best at work place or business.
Accepting defeat is a way to move higher. Even if a child who competed with others did not come first, there are consolation prizes for runners-up. When you advise the child to accept defeat, you are encouraging her to win in next competition.
Remember all children cannot be on the same knowledge level Their learning abilities defer.
Eunice Choko-Kayode