This comparative study examines the status and implementation of children's rights in Africa, with a specific focus on Nigeria, in comparison to IHRL. By analysing relevant statutes, judicial decisions, and secondary sources, this research aims to explore the similarities and differences in the legal frameworks governing child rights in these two contexts. The dissertation investigates the extent to which Nigeria aligns with international human rights standards and identifies the challenges and opportunities in promoting and protecting children's rights. Through this analysis, the study contributes to a better understanding of the gaps in children's rights implementation in Nigeria and provides recommendations for enhancing the legal and practical frameworks for the protection of children's rights.
Table of Contents
1. Chapter 1 Introduction
2. Chapter 2 Child Sexual Abuse
3. Chapter 3 Child Marriage
4. Chapter 4 Child Labour
5. Chapter 5 Conclusion
Research Objectives and Thematic Focus
This study aims to examine and compare the current status and implementation of child rights in Nigeria in relation to International Human Rights Law (IHRL), identifying key challenges and gaps in domestic legal frameworks to provide policy recommendations for enhanced protection.
- The legal alignment and interoperability between Nigerian domestic laws and IHRL.
- Provisions and challenges regarding Child Sexual Abuse in the Nigerian legal system.
- Sociocultural and legal complexities surrounding the practice of Child Marriage.
- Economic and regulatory dimensions of Child Labour and the effectiveness of existing legislative responses.
Excerpt from the Book
Background to the study
Nigeria is the largest black African country with a population of over 221 million people. There are numerous ethnic groups, but three major tribes comprise the majority of the people; the Igbo in the East, the Yoruba in the West, and the Hausa in the North. The Nigerian nation is endowed with rich natural resources and extensive human resources; however, Nigeria has not developed the necessary technology, industrial, managerial, and political know-how to pull its resources together in a stable economy to take care of the basic needs of its population. Thus, poverty and unfavourable living conditions seem to be prevalent, particularly affecting children. Therefore, the country is characterized by cultural conflict, religious crises, economic and social factors, family disintegration, environmental threats, and political challenges facing the country.
Child abuse encompasses various harmful actions or omissions by parents or caregivers that lead to severe physical or emotional harm, sexual abuse, exploitation, or even death. In Nigeria, child abuse is a prevalent issue, although it remains largely under-reported. The under-reporting can be attributed to cultural justifications of certain forms of abuse linked to cultural practices and the hesitancy of children to disclose past abusive experiences. Children may be fearful of threats from their abusers or concerned about how their parents will react additionally, some children may be too young to comprehend their experiences or lack the ability to communicate about them effectively.
Summary of Chapters
Chapter 1 Introduction: Provides an overview of the significance of child rights worldwide, sets the research context for Nigeria, and outlines the objectives of comparing domestic laws with international standards.
Chapter 2 Child Sexual Abuse: Analyzes the legal framework in Nigeria regarding sexual abuse and evaluates the effectiveness of current legislation compared to international expectations.
Chapter 3 Child Marriage: Investigates the complex legal and social landscape of child marriage in Nigeria and assesses the compatibility of local practices with international human rights treaties.
Chapter 4 Child Labour: Explores the economic and cultural drivers of child labour in Nigeria and examines the enforcement mechanisms of the Child Rights Act and other relevant statutes.
Chapter 5 Conclusion: Summarizes key research findings across the three main areas and offers policy recommendations for national and state-level improvements.
Keywords
Child Rights, Nigeria, International Human Rights Law, Child Sexual Abuse, Child Marriage, Child Labour, Legal Framework, Implementation, Legislation, Enforcement, Child Protection, Human Rights, Policy Recommendation, Socio-economic Factors, Cultural Practices.
Frequently Asked Questions
What is the primary focus of this research?
The dissertation focuses on comparing the legal frameworks governing child rights in Nigeria with established International Human Rights Law (IHRL), specifically examining the implementation gaps.
What are the three main thematic areas of the study?
The study investigates Child Sexual Abuse, Child Marriage, and Child Labour as the three critical pillars of the research.
What is the main objective of this study?
The primary goal is to investigate how Nigerian laws align with international standards and to identify the challenges in protecting children’s rights in order to suggest strategies for effective legislation.
What methodology is employed to conduct this research?
The study utilizes a doctrinal and qualitative research approach, relying on a review of relevant literature, statutes, judicial decisions, and various policy reports.
What does the main body of the work address?
The main chapters provide an in-depth analysis of specific child abuse issues, comparing domestic legislative provisions against international treaties like the UNCRC and the African Charter.
Which key terms characterize this research?
The work is defined by concepts such as legal harmonization, enforcement, child protection, the Rights of the Child, and the impact of socio-cultural norms on legislative effectiveness.
Why does the author argue that the Nigerian Criminal Code is outdated?
The author highlights that the code lacks comprehensive updates for decades, failing to effectively address contemporary criminal challenges and creating significant legal gaps.
What role do environmental and cultural factors play in the persistence of child abuse?
Factors such as poverty, ethnic conflict, religious crises, and traditional justifications for practices like child betrothal significantly impede the effective implementation of child rights protection.
- Quote paper
- Omogbolahan Abiola (Author), 2023, Children's Rights in Nigeria vs. International Law. A Comparative Study, Munich, GRIN Verlag, https://www.grin.com/document/1552940
