CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND TO THE STUDY

International law takes special interest concerning children worldwide. This is due to the

fact that children are the most vulnerable and powerless members of the society dominated by

adults. World leaders believe that children deserve adequate protection so that they can grow

to preserve the human race. Most times, children are considered to be the future of any

society. The establishment of legal and institutional frameworks were being put in place by

world leaders in other to ensure the protection and promotion of the rights of the child.

In the antiquity, nobody gave special protection to children. In the middle age children

were considered as small adults. In the middle of the 19th century, the idea appears in France

to give children special protection, enabling the progressive development of “minors‟ rights”.

Since 1881, French laws included the right for the children to be educated.

During the 1980s, many child rights activists claimed that, as children are human beings

and the subjects of all human rights, they did not need a special human rights instrument

devoted to them as a group. Yet it is clear from current histories of child rights that children

are viewed as objects of rights in a discourse of welfare concern more often than they are

recognised as subjects of rights. (Judith 2000) The Convention on the Rights of the Child

(CRC) is innovative in making it clear that, with respect to international human rights law,

children are active subjects. They not only require certain forms of protection in addition to

the "normal" entitlements of human rights law, they also require special forms of protection

because they are in a vulnerable position, both legally and developmentally. These

entitlements include the right to have their opinion taken into consideration when adults take

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decisions on their behalf (Article 12), to express their views (Article 13) and to join or form

associations to represent their own interests (Article 15).

The modern era of international human rights law can be said to begin with the

establishment of the UN system after the 1939-1945 Second World War, specifically with the

Universal Declaration of Human Rights in 1948. The Declaration clearly established the

principle that nations that are members of an intergovernmental body, such as the UN, can

intervene in the domestic affairs of other states to ensure that citizens' rights are respected. A

number of other treaties followed the Universal Declaration, dealing with different groups of

persons and rights. But rights are indivisible. The CRC is only conceivable, and can only be

implemented, if it is seen in the context of the international human rights agenda in its

entirety. In the Preamble to the Convention this is made clear through reference to preceding

human rights instruments. Rights that are not spelt out in the CRC, but which applied to

children before it was drafted and adopted, include consideration of their special needs and

vulnerability in times of armed conflict, as well as protection against trafficking, exploitative

work, torture and prostitution. (Judith, 2000).

Nevertheless, United Nations International Children‟s Emergency Fund (UNICEF) was

instrumental in promoting the widespread ratification of the UN Convention through

organising the 1990 World Summit for Children. This meeting of 71 world leaders in New

York was the largest ever meeting of heads of state and had the objective of obtaining their

signatures to this new human rights document. In this respect it was supremely successful. It

is part of the overall myth of the CRC (appearing to be a compulsory preface to any account -

- historical or otherwise) that no other piece of human rights law has come into force so

rapidly, nor received quite so much public attention. (Judith, 2000)

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A second objective of the Summit was to ensure that children actually enjoy the rights

provided. (Judith, 2000) The meeting ended with agreement on a Plan of Action that included

twelve broad goals to be achieved before 2000. All signatories promised to develop national

plans of action to this end, and to report on progress at five-year intervals. Yet it is clear that

in this respect the Summit was unsuccessful. In some cases the narrowly conceived twelve

Summit goals have obscured, or well-nigh obliterated, the much broader range of rights in the

CRC. In others, national plans of action have been drawn up but not provided with a budget

sufficient for implementation. Sometimes the only changes made are legal. In some cases,

nothing has happened at all. As Belgian lawyer Eugeen Verhellen has pointed out, it often

seems as if there is more concern to protect children's rights than to protect children.

Children have not always been on the human rights agenda as a separate group.

Indeed, the human rights agenda itself is a relatively recent historical phenomenon. The

question of children's rights was not an issue for the French Declaration of the Rights of Man

in 1780. Children were regarded as a residual category of person, lacking full human rights.

At that time European societies simply thought of children as the property of their parents,

and not particularly valuable property at that. According to Blackstone's 1758 legal

commentaries in England, for instance, child abduction was not theft in the legal sense unless

the child happened to be dressed. The thief was regarded as having stolen the clothes. Apart

from that, child theft was tantamount to stealing a corpse. In the case of both a dead body and

a live child, no legal person was involved. (Judith, 2000).

At the beginning of the 20th century, children‟s protection starts to be put in place, including

protection in the medical, social and judicial fields. This kind of protection starts first in

France and spreads across Europe afterwards.

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Since 1919, the international community, following the creation of The League of Nations

(later to become the UN), starts to give some kind of importance to that concept and

elaborates a Committee for child protection. The League of Nations adopts the Declaration of

the Rights of the Child on September 16, 1924, which is the first international treaty

concerning children‟s rights.

It was not until the late nineteenth century that nascent children‟s rights‟ protection

movement countered the widely held view that children were mainly quasi-property and

economic assets. In the United States, the Progressive movement challenged courts‟

reluctance to interfere in family matters, promoted broad child welfare reforms, and was

successful in having laws passed to regulate child labor and provide for compulsory

education. It also raised awareness of children‟s issues and established a juvenile court

system. Another push for children‟s rights occurred in the 1960s and 1970s, when children

were viewed by some advocates as victims of discrimination or as an oppressed group. In the

international context, “[t]he growth of children‟s rights in international and transnational law

has been identified as a striking change in the post-war legal landscape. (Wendy, 2007)

Conversely, the notion that children have rights that need to be enforced and protected is a

modern development. It was usually taken for granted that adults have the best interests of the

child at heart and so there was no need to think of the rights of the child. Findings by

UNICEF(1995) shows that all around the world, children are exploited as labourers and

prostitutes, deprived of an education, denied adequate nutrition and health care and they

therefore need help and protection from an adult world that carry out most of this

abuses.(Ajomo & Okabgue, 1996).

The world conference on education for All (EFA) (1990), the World Conference on human

rights (1993), the fourth conference on women (1995) and the millennium development goals

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(2000) are other international efforts taken. Measures for protection of dignity, equality and

basic human rights for children started as early as the 19th century. Since then, children have

become a constituency in their own right on whose behalf laws have been enacted providing

for the protection against the abuse of parents and other adults, economic exploitation and

social neglect.

At the regional level, the assembly of heads of state and government of the organization of

African unity (OAU) adopted a declaration on the rights and welfare of the African child at

its 16th ordinary session in 1979. In 1990, the summit of the heads of state of the OAU

adopted a formal convention, the charter on the rights and the Welfare of the African Child to

which Nigeria is a signatory. In 1992, African states adopted the Dakar consensus which

recognizes the principle of first call and exhorts African countries to incorporate the goals of

child survival, development and protection in their development programmes (OAU, 1992).

Nigeria, believing in protecting the best interests of the child, signed the UN Convention in

March, 1991 and by 2003, the convention and the African charter were incorporated into

domestic laws through the enactment of the Child‟s Right Act (CRA) on July 31, 2003. Since

then, not less than 16 states have adopted the Act (Obiagwu 2009). Prior to the 2003 Act,

Nigerian child protection law was defined by the Children and Young Person‟s Act (CYPA),

which was revised later and incorporated into Nigeria‟s Federal Laws in 1958 (RCW 2005).

The federal government has enacted a series of other laws, policies and plans of actions in

various sectors geared towards the protection of children‟s rights. Some of these laws and

policies have been enacted at the state levels.

The significance of the above global, regional and national efforts lays in the fact that they

demonstrate the commitment of the international community and in particular the Nigerian

government to the protection of the Rights of Child.

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The concern of this project is to examine the theoretical and empirical aspects of Child Rights

Laws vis-a-vis the International Conventions that guides the Rights of Children in Nigeria.

The prevalent of Child Rights Abuse in Nigeria and the consequence of such abuse on the

Nigerian Child motivates this study. The study also seeks to examine the extent of the child‟s

right law and its impact on Children‟s right in Nigeria.

The study is also intended to reveal the various factors militating against the Child Rights‟

law in Nigeria and proffer possible solutions.

1.2 STATEMENT OF THE PROBLEM

The background information provided above shows that inspite of the global, regional

and national efforts put in place for the protection of the right of child and also for the

promotion of the right of the child, there is still an extensive violation of the rights of the

child both globally and nationally .Violation of the rights of the child is a continuous case in

Nigeria. In assessing the child‟s right law in Nigeria, the question to be addressed here

include, how has the provisions of Child Right‟s Act in Nigeria and UN convention affected

the fortunes of the Nigerian child in terms of the child‟s right to life, education, health,

protection against economic exploitation and access to justice? This research seeks to identify

causes of children rights violation and abuse and also recommend how these rights can be

protected and promoted thus preparing the next generation of Nigerian leaders. It is also

intended to examine whether the government of Nigeria have the political will, sincerity and

commitment to enforce and implement the existing child‟s right law in Nigeria.

1.3 RESEARCH QUESTIONS

In assessing the Domestication of International Child Rights Law in Nigeria during the period

under focus, this study intends to ask the following relatable questions:

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 - To what extent has the provisions of the UN convention and the child rights act

been faithfully implemented in Nigeria?

- Are there any institutional mechanisms to ensure that these laws are enforced to

their logical conclusions?

- Do Nigerian children enjoy all their fundamental rights as provided by the Child

Rights Law?

- What can be considered to be the panacea for the effective promotion and

protection of child rights in the country?

1.4 OBJECTIVE OF THE STUDY

The aims of this study are;

- To examine the extent in which UN convention and the Child Rights Act have

been effectively implemented in Nigeria

- To discover whether there are institutional mechanisms for the enforcement of the

Child Rights Law in Nigeria.

- To ascertain whether Nigerian children enjoy all their fundamental rights as

provided by the Child Rights Law.

- To suggest possible solutions for the effective promotion and protection of Child

Rights in Nigeria.

1.5 RESEARCH HYPOTHESIS.

A hypothesis as described by Kepler (2000) is a prediction of what can be seen in the world

of reality. Its formulation is significant in research work; functioning as a link between the

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world of theory and reality, showing the direction of data analysis and helping in the

organisation of the research report. Hypothesis are assumptions made by the researcher in

order to test the theoretical framework of the research through empirical analysis of data

collected to enable him arrive at a reasonable conclusion as whether or not the hypothesis is

valid or not.

Two types of hypothesis; Null Hypothesis (H0) and Alternate Hypothesis (H1) will be

adopted for the problem under study.

1. H0 : UN convention and the existing provisions of Child Rights Act have not been

effective in preventing Child Rights violation in Nigeria.

H1 : UN convention and the existing provisions of child rights Act have been

effective in preventing child rights violation in Nigeria.

2. H0: The Nigerian government does not have the political will, sincerity and

commitment to enforce the Child Rights Law in Nigeria.

H1: The Nigerian government does has the political will, sincerity and commitment to

enforce the Child Rights Law in Nigeria.

1.6 SIGNIFICANCE OF THE STUDY

The study is significant in that it concerns a segment of the Nigerian population which

if well-handled can make available necessary basis for fundamental transformation of the

Nigerian society. This is due to the fact that the greatness of any country lies not only on the

adult population but tactically on children that are to be trained to become future leaders of

the nation. The study will also contribute to the analytical framework from which the

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government at all levels will formulate specific programmes and policies in the interest of the

Nigerian child. The study will also create awareness on the part of parents and guardians, the

community and the society at large.

1.7 SCOPE AND LIMITATION OF THE STUDY

1. The study is limited to the practice of child rights law in Nigeria between 1999

and 2013.

2. The study is also limited to the Nigerian experience due to lack of adequate

finance to obtain all the logistical data from all relevant stake holders.

3. Time constraints: Time of survey is limited in terms of data collection. All

sampled population could not meet the needed information within the stipulated

period.

1.8 RESEARCH METHODOLOGY

The data collected for this study are basically primary and secondary data. They were

sourced from questionnaires, interviews, journals, newspapers, and internet. The target

population designed to cover the study will be confined to hundred (100) people of which

may consist of the following persons: the prominent workers of National Human Rights

Commission, Public Complains Commission and Ministry of Justice. It also includes the

children population that are affected with the subject matter. The research technique that

will be used in this study is the purposive sampling technique in which a particular group

will be selected from the population to constitute the sample because this group is

considered to cover the whole with reference to the characteristics in question. (Kumari

2008).

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1.9 DEFINITION OF MAJOR TERMS

It is important to clarify some concepts that will come up frequently in the study.

These concepts need to be defined in order to eliminate conceptual confusion. They

include the following: the child; child rights; and child abuse and labour.

Definition of the child

The word „child‟ has various definitions. The UN Convention on the Rights of the Child

(Article 1) and the African charter on the Rights and Welfare of the Child (Article II)

defined a child as a person below the age of 18 years. Section 21 of the 2003 Child Rights

Act of Nigeria provides that no person under the age of 18 years is capable of contracting

a valid marriage. This implies that under Nigerian law, a child is any person less than 18

years of age.

The concept of the Child Rights

The concept of the rights of the child is a recent development. It is borne out of the

premise that children are the most vulnerable and powerless members of the society

dominated by adults. UNICEF (1995) documented that there were well over a dozen

countries in which conditions for children were far below the norms to be expected for

their levels of economic development. An International Labour Organization (ILO) report

recorded by Social Science Academy of Nigeria (2002) cited disquieting evidence of

widespread physical, mental and sexual abuse of girls working as house helps in homes

other than their own.

Child Labour and Abuse

The International Labour Organization (ILO) (1985) sees child labour as any work

undertaken by children below 15years which endangers or interferes with the basic rights

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 of children, such as free play, education, participation in other social and cultural

activities; and generally activities necessary for normal physical, psychic, intellectual and

emotional development. According to Yecho (2008), the concept “child labour” has no

universally accepted definition. This is in view of the fact that what is considered child

labour in one culture is seen as child training in another.

1.10 CHAPTER ORGANIZATION

For a proper analysis of the work to be achieved, the work will be divided into five

chapters. Chapter one is the general introduction, it contains the background to the study,

statement of the problem, research questions, objective of the study, research hypothesis,

significance of the study, scope and limitation of the study. Chapter two is the Literature

Review. It contains the conceptual clarification and theoretical framework. Chapter three

is about the Research Methodology. It contains a brief history of case study, restatement

of hypothesis, research design, sample population, sample area, sampling technique,

method of data collection, Validity and Reliability of instruments. Chapter four contains

the Data Presentation and Analysis. Chapter five will contain the Summary of Findings,

Conclusion and Recommendation.

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1.11 REFERENCES

Ajomo, M O & Okagbue, I (1996): Introduction to the Rights of the child; in I. Ayua

& I. Isabella (ed), The Rights of the Child in Nigeria; Lagos: Nigerian Institute of

Advanced Legal Studies (NIALS), University of Lagos Campus.

Allen, K (2009): Global poverty: the Human Rights Dimension; open Democracy;

London.

Etuk, E. (2007): Analysis of the Implementation of Child Rights Law in Nigeria; A

welcome address: presented on the occasion of the year 2007 Children‟s day. Federal

Ministry of Women Affairs and welfare, Uyo.

Global Action for Children (2008): Fighting for Orphans and Vulnerable Children;

Washington DC.

Judith, E (2000): Rethinking Childhood: Perspective on Children‟s Rights; Cultural

Survival.

OAU (1992): Children: Africa’s Future; Adis Ababa ICAAC/OAU/CONSENSUS(1).

UNICEF (1990): Giving Children a Future: The World Summit for Children (New

York).

UNICEF newsletter (2006): Background on Human Rights; Convention on the Rights

of the Child.

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United Nations(1995): overview of the Rights of the Child; New York

Wendy, Z (2007): International Laws: Children’s Rights; The Law Library of

Congress.

Yecho, J. I (2008): Child Labour/Abuse and its consequences on National Development; in

Journal of Family Development, vol.3, June 2008; A Publication of the centre for Family

Development (CEFAD).

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 CHAPTER TWO

LITERATURE REVIEW, CONCEPTUAL CLARIFICATIONS AND THEORITICAL

FRAMEWORK

2.0 INTRODUCTION

In reviewing literature on the Assessment of the domestication of International Child

Rights Law in Nigeria; 1999- 2013, the study shall begin by first taking a look at the three

major viewpoints on human rights, taking into account that child rights is an essential part of

the international human rights framework. This approach will adequately address the

problems involved in the protection and promotion of children‟s rights not only in Nigeria but

also in other parts of the developing world. The review will be incomplete without first

stating the meaning of human rights and its significance in democratic societies.

Human rights are inalienable rights to which all human beings are entitled,

irrespective of race, nationality or membership to any particular social group (Francis, 2005).

They specify the basic and minimum conditions for human dignity and outline the basic

conditions for human existence. Furthermore, UNICEF (2006) states that human rights

govern how individual human beings live in society and with each other as well as their

relationship with governments and obligations that governments and obligations that

governments have towards them.

Generally, human rights are categorised into two classes. The first class are the Civil

and Political Rights. The second class are the Economic, Cultural and Social Rights. The

Civil and Political Rights are also called Participatory Rights. According to Enemuo (1999),

these rights have remained at the core of the conception of human rights promoted by the

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advanced capitalist states. Economic and Social Rights include rights to development and a

wholesome environment. According to the scholar, these rights are majorly advocated by

developing countries and the defunct socialist bloc.

Identification of the basic rights of the citizenry is one of the hallmarks of democracy. It is

unimaginable to think of popular participation without the people enjoying these fundamental

human rights. Surprisingly, concern for human rights has now being propagated. Today,

every modern constitution contains some formal guarantees of human rights. However,

Enemuo (1999) states that a great inequality exists in the level of protection of these rights by

different countries. This indicates that there are noteworthy disparity in the extent to which

these rights are actually enjoyed.

The UN convention on the Rights of the Child, according to UNICEF, is the first

legally international human rights instrument to incorporate the full range of human rights.

This implies that children have the same general rights as adults. But children are particularly

susceptible and so have particular rights that recognize their special need for protection.

The three major viewpoints of human rights are the Liberal, Marxists and Cultural Relativity

viewpoint. Many of the writings on human rights are traceable to the Western liberal

philosophy of individualism and the doctrine of laissez-faire (Francis, 2005). Burchill (2001)

states that the idea of universal human rights has its origin in the natural law tradition, the

development of the English Common Law and the Bill of Rights of 1689. According to him,

the idea was highly influenced by the writings of prominent philosophers such as Rousseau

(the social contract) and Locke (Popular Consent; Limits of Sovereignty). He identified major

landmarks in the evolution of the concept of universal human rights to include the American

Declaration of Independence, 1776 and the French Declaration of the Rights of Man and the

Citizen.

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 According to Liberals, the concept of universal human rights is based on the premise

that human beings are said to be endowed purely by reason of their humanity with certain

fundamental rights, benefits and protections. These rights are regarded as inherent in the

sense that they are the birth right of all, inalienable because they cannot be given up or taken

away and universal since they apply to all regardless of nationality, gender and race (Burchill,

2001). Democratization is said to be important as a catalyst for the promotion and protection

of human rights (Kegley, 2007). As an ethical movement, liberals believe that the state exist

for its people and not vice-versa. According to Kegley (2007), liberalism recognizes all

human beings as members of the human community, in anticipation of the creation of a

global civil society. Burchill postulates that human rights are founded on the respect for

human dignity and form a legal foundation to emancipation, justice and human freedom.

These assumptions and the attempt by liberal thinkers to extend these rights to all peoples

have led to the creation of important legal codes, instruments and institutions in the post

Second World War period under the auspices of the United Nations Organization (UNO).

The most important instruments are the Universal Declaration of Human Rights (1948), the

International Covenant on Civil and Political Rights (1966), the International Covenant on

Economic, Social and Cultural Rights (1966) and the UN Convention on the Rights of the

Child (1989), while the International Labour Organization (ILO) and the International Court

of Justice (ICJ) play a significant role in the protection of human rights (Burchill, 2001).

Through these instruments, International Law has guaranteed universal human rights to all

irrespective of age, gender, nationality or colour.

Eze (1994) asserts that despite the contributions of the American and French

declarations as well as the Social Contract theories to the concept of human rights, they were

principles and philosophy riddled with contradictions. He argues that at the time of the

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American declaration, America was a British colony, a negation of equality of men, with

private property and individualism entrenched.

Enemuo (1999) asserts that civil and political rights have remained at the core of

human rights promoted by the advanced Western countries. He condemns this notion of

human rights and argues that economic and social rights deserve as much emphasis as

political and social rights. UNICEF (2006) posits that all rights are equal and no right is

superior to any other, stating that they are indivisible and interrelated, with a focus on the

individual and the community as a whole. UNICEF speculates further that rights cannot be

treated separately or in distinct categories because the enjoyment of one usually depends on

the fulfilment of other rights. Concluding, the body says that different rights therefore should

not be considered independent of one another.

Marxists see human rights as being based on the same liberal principles footing

capitalist social relations of production (Burchill, 2001). According to Burchill, Marxist

dismissed human rights as mere bourgeois freedoms which fail to address the class-based

nature of exploitation contained within the capitalist relations of production. In the opinion of

Evans (2005), human rights are a means by which the bourgeois maintain and perpetuate rule.

He posits that all the international human rights laws in post-second world war were created

under American hegemony and therefore sees them as tools to protect America‟s sphere of

influence over a much wider area and to gain access to world markets. Eze (1994), in his

contribution, states that Marxists scholars regard law, of which human rights is part, as the

instrument of the ruling class supported by the coercive force of the state with the objective

of safeguarding, making secure and developing social relationships and arrangements

advantageous and agreeable to the ruling class. Under these circumstances the scope and

substance of human rights are therefore determined by the character of the ruling class.

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 Another challenge to the western conception of human rights comes from the Cultural

Relativist. Cultural Relativist contend that human rights are western in origin, irrelevant to

non-Western European societies and therefore constitute another form of cultural imperialism

and an attempt by western societies to interfere in internal affairs of other societies (Burchill,

2001). Onu (1994), in his contribution, submits that it is erroneous to assume that human

rights are a western European invention embraced by Africa in its interaction with the West.

On the contrary, it is the west who robbed the Africans of their human rights during the

period of slave trade and colonialism. He concludes that the question then is not the

recognition of these rights but their promotion and protection. Enemuo (1999) asserts that

cultural relativity viewpoint argues that the notion of human rights is of western origin which

is usually restricted to civil and political rights and that it sees rights as revolving around the

individual whereas in Africa and much of the Third World, there is a strong notion of rights

of the collective and the community. He explains further that the notion of human rights is

relevant to all human beings, even though it has received its most sophisticated elaboration in

the west.

The cultural perspective of human rights finds its expression in the African Charter on

Human and People‟s Rights (1981) and the African Charter on the Rights and Welfare of the

child (1990). The Charters are built on the African concept of human rights by emphasizing

African traditions and values. According to Owasanoye & Adekunle (1996:6), the African

Charter on the Rights and Welfare of the Child recognizes the specific cultural setting in

which it is to operate by calling for a consideration of the „cultural heritage, historical

background and the values of the African civilization which should inspire and

characterize…..the concept of the rights and welfare of the child‟.

Francis (2005), while examining the application of human rights in Africa, observes a

clash between the universal application of human rights and the cultural specific conceptions

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of human rights. He says the clash is obvious because, while in Africa cultural systems

emphasize duties of the community, the western approach to human rights stresses

individualism. He sees the promotion and practice of human rights in Africa as being

underpinned by the dominant Western liberal political and economic philosophy, which

brings about private power freedom and individual freedom. In his opinion, human rights

have been promoted in Africa as if it were an alien concept to which Africans have to be

initiated or introduced. This, according to him, has made the application of human rights in

Africa problematic.

Regardless of the different ideological and cultural perceptions of human rights,

significant progress has being made to attain global consensus for human rights protection

and promotion, especially since the collapse of the Soviet Union and Communist Regimes in

Europe. This is evident in the signing and ratification of not less than forty UN legal

instruments in the development of international human rights protection beginning from the

Universal Declaration of Human Rights of 1948. This has led many scholars to dub the post-

second world war era as the era of International Human Rights Regime (Kegley, 2007).

The UN Convention on the Rights of the Child is considered by many as a powerful

international treaty, ratified by all but two countries (USA and Somalia), which is being used

pro-actively in many countries to persuade governments and communities to support better

policies for children (Smith, 2008). The Convention provides internationally accepted

standards to be applied to basic human rights affecting children. Melton (2005) says that the

Convention is unparalleled in its conceptual breath and that no other human rights treaty

touches on so many domains of life. UNICEF says that the convention is the most widely

ratified international legal instrument in human history. Freeman (1995) argues that, while

the convention is not the final word on children‟s rights (because it is a result of international

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compromise); it goes well beyond any international document and reflects a world consensus

on the status of children.

Children rights have being argued for centuries, and the concept touches raw nerves

when adult decisions and actions are put to test (Smith, 2008). She submits that those who are

nervous of children rights tend to focus on the issue of civil and political rights (participation

rights). The idea of children having rights tends to be interpreted as being permissive and

giving them too much power and control, while at the same time taking power and control

from parents (or others in authority over children such as teachers). That is, fear of loss of

control over their children is at heart of objection to children rights by parents. Melton (2005)

calls this attitude as ideological blindness to the facts at hand and interests at stake and

unproductive. However, Smith (2008) states further that these fears are unfounded since the

Convention is a document of reconciliation which treats parents and children with respects.

She stated that the document has had a major impact on law, education, welfare and health

and it is compatible with the rethinking about childhood occurring in contemporary social

science. Human Rights scholars agree that the Convention is very significant in that it

recognizes a new vision of the child which replaces the old adage that says children should be

seen and not heard (United Nations, 1995; Smith, 2008). The UN argues that no longer are

children to be thought of as property of their parents and that children are human beings and

entitled to the same degree of respects as adult human beings. This is to say that the

document helps make children visible, challenges governments and others to question their

assumptions, and values children as people in their own rights today, rather than what they

will become tomorrow.

The utmost obstructions to propagating human rights, in particular children‟s rights,

are poverty and underdevelopment. Alemika (1996) opines that the extent to which rights are

guaranteed, recognized, promoted, realized or enjoyed depends on the socio-economic and

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political framework of society. This implies that the attainment of a reasonable level of

economic development. Productivity and prosperity is critical in the ability of society to

recognize and promote socio-political and economic rights. He finds out, regrettably, that

children‟s rights violations form an integral part of the socio-economic conditions of most

Third World societies, Nigeria inclusive. In these societies child rights violations have been

found to be largely a response to worsening economic conditions and political instability.

Nigeria, for instance, over the past three decades has encountered harsh and deepening socio-

economic crises which have seriously affected the wellbeing of individuals, families and

especially the elderly and children, thereby making the realization of children‟s rights a

colossal task. These socio-economic crises have created serious social problems such as

underdevelopment, poverty, hunger, capital flight, hyper-inflation, unemployment, food

shortages, urban congestion, rural stagnation, juvenile delinquency, ethnic crises, gross

economic inequalities and general insecurity among the people.

According to the International Labour Organisation (ILO) estimates in the 1980s,

approximately 52 million children under 15 years of age were engaged in child labour, most

of them were from underdeveloped Countries, resulting from the socio-economic problems in

those countries (FGN/UNICEF, 1990). In a pluralistic world, ethnic and cultural diversities

also constitute great challenges to universalizing children‟s rights. This is not to say that child

rights abuses are not recorded in the developed countries. United Nations (1995) sources

estimated that the number of children under 18 involved in prostitution exceeds two million,

one million of whom are in Asia and 300,000 in the United States. Omecha (2010) states that,

in the United States an estimated 1,400 children die each year from abuse and neglect. Smith

(2008) informs that in New Zealand since the 1980s and 1990s, there have been an increase

in the number of children who have experienced poverty. The developed countries of the

West have also been criticized for turning a blind eye to human rights violations, including

21
child labour in Far East countries such as South Korea, China, Thailand, etc. all in the name

of spreading the ideology of free trade and comparative advantage of the region in cheap

labour (Burchill, 2001). Despite these shortcomings, the conception of human rights has

received its most sophisticated elaboration in the developed countries due to their relative

sound economies, homogenous societies, stable political systems and political will to enforce

the laws, essential conditions which are lacking in most parts of developing countries.

Nigeria ratified the UN Convention in 1991 and in 2003 domesticated it through the

enactment of the Child Rights Act. Since then, many states of the federation have adopted the

act. The government has enacted many policies and other laws in education, health care, child

justice, social welfare sectors to give effect to the principles and provisions of the Act. The

greatest challenges to the realization of children‟s rights in Nigeria have been attributed to

poverty; negative social and traditional perceptions of the child; harmful traditional and

cultural practices; wrong policy formulation, underfunding of social services by

Government;institutional failures; lack of political will to enforce the law, among other

factors (Owasanoye & Adekunle,1996). However, some optimists argue that the mere

provision of children‟s rights in our laws and constitution represents progress and gives some

ray of hope (The Guardian, June 9 2010). What remains is their position and protection.

It is the opinion of this study that even though the UN Convention and the Child

Rights Act may not have brought intense changes in the daily lives of Nigerian children, its

importance lays in the fact that it provides a legal and ethical grounds to advocate for changes

in matters affecting children. That is why child rights abuse should be a matter of serious

concern to all and various parents, guardians, communities, civil societies and Government.

In the view of Owasanoye & Adekunle (1996), children are and must remain the focus of the

tireless effort for development and growth. International standards set for child survival,

health, education, protection from crime, civil disturbances, unrest, exploitation at home or at

22
work, physical and sexual abuse, drugs and prostitution and all other whim of modern society

must be met at all costs as a matter of economic and political priority and exigency. Only

then can the Nigerian child of today compete in the world of tomorrow. There is clearly no

other option they include.

2.1 CONCEPTUAL CLARIFICATIONS

Having dealt significantly with literature review, it is proper at this juncture to clarify

some concepts that will come up frequently in the study. These concepts need to be defined

in order to get rid of conceptual confusion. They include the following: the child; child rights;

and child abuse and labour.

2.1.1 Definition of the child

The word “child” is actually hard to define. According to Ezeh (2008), it is a stage in

life characterized by dependent status because of biological immaturity. The UN Convention

on the Rights of the Child (Art.I) and the African Charter on the Rights and Welfare of the

Child (Art.II) define a child as a person below the age of 18 years. Section 21 of the 2003

Child Rights Act of Nigeria provides that no person under the age of 18 years is capable of

contracting a valid marriage. This implies that under Nigerian Law, a child is any person less

than 18 years of age. Owasanoye and Adekunle (1996) affirms that the meaning of the word

“child” must, in every case, depend on the context in which it appears. Outside the legal and

treaty definitions there is the customary definition of a child. The customary definition varies

from ethnic group to ethnic group due to the lack of a uniform customary law in Nigeria

(Federal Ministry of Justice, 1991). In some ethnic groups a boy remains a child until

initiated into the age grade society or until he is old enough to contribute financially to

23
community development. In others, childhood lapses at puberty (Azogu, 1991). Prior to the

2003 Act, the Children and Young Persons Act (CYPA), defines a child as a person less than

14 years of age, while a young person is between the age of 14 and 17 years (RCW, 2005).

The statutory definition is a comprehensive definition which is not in conformity with the

different systems of customary laws, nor the perception of different ethnic groups in Nigeria

(Otite, 1990). The ambiguity surrounding the definition of the child was put to rest by the UN

Convention and 2003 Child Rights Act. Owasanoye and Adekunle (1996) posit that a

significant shortcoming of the age-based definitions is that they are always arbitrary and

indeed risk the possibility of being rendered obsolete by modern perceptions ad findings on

children. On the other hand, age represents the most objective criterion for determining who

falls within the framework of a child protection policy. In this regard, the study shall adopt

the legal definition of the child in examining the practice of the child rights in Nigeria.

However, it is important to know that whatever legislation may prescribe, the fact remains

that the rights enjoyed by children in different parts of the country, in practical terms, are

dictated by the cultural perception of the rights of children in these areas (Owasanoye &

Adekunle, 1996).

2.1.2 Concept of Child Rights

The concept of the rights of the child is a recent development. It is borne out of the

premise that children are the most vulnerable and powerless members of the society

dominated by adults. The general notion that parents and adults have the best of intentions for

children is contradicted by widespread exploitation and injustices perpetuated against

children worldwide. Children are not commonly considered a political group, but they are

perhaps the most vulnerable of all humans. Children have rights like all humans and those

24
rights are all too often violated (Ensalaco & Majka, 2005). UNICEF (1995) documented that

there were well over a dozen countries in which conditions for children were far below the

norms to be expected for their levels of economic development. These include gauges such as

malnutrition levels, under-five mortality rates, and percentage of children reaching the fifth

grade of primary school, and low literacy rates for women. This horrifying situation

continues to worsen especially in the developing countries. An International Labour

Organisation (ILO) report recorded by Social Science Academy of Nigeria (2002) cited

disturbing evidence of widespread physical, mental and sexual abuse of girls working as

house helps in homes other than their own. These appalling reports and many others

propelled world leaders to come together to articulate basic human rights in a multilateral

convention geared towards protecting and promoting the interests of children worldwide in

order to preserve them for posterity. Oku(2008) posits that the rights of all children are

justifiable because apart from being human beings, such rights are the best way of protecting

them from harm and ensure that they are not forgotten by their communities and the society

at large. He further went on to state that respect for the rights of children makes it possible for

them to learn to respect the rights of others. These rights, according to the scholar, include

development rights, protection rights and participation rights. These broad categorized rights

are derived from the rights stated in the UN Convention on the Rights of the Child. They

include Right to life, to identity, to freedom from discrimination and right to protection from

exploitation and inhuman treatment. Oku further stated that child rights are said to be denied

when they are not promoted, observed, enforced and respected.

2.1.3 Child Labour and Abuse

The spectre of children toiling long hours under dehumanizing conditions have

precipitated an intense debate among scholars, policy makers and human right activists over

the past two decades. In the middle of the 19th century, industrial revolution, policy makers

25
and the public have attempted to come to grip with the causes and consequences of child

labour. Coordination of policy response has revealed the complexity and moral ambiguity of

the phenomenon of working children (Bass, 2004). Although child labour has been in

existence through history, the difficult conditions under which children work occasionally has

become more evident. In the middle of the 19th century, child labour became more visible

because children were forced into industrial work. Currently, child labour has become more

visible because of the increase in the number of children producing goods for export (Bass,

2004). In most developing countries due to rapid population growth, high rates of

unemployment, inflation, poverty, malnutrition, bad leadership, corruption and low wages

(Bass, 2004).

According to Yecho (2008), the concept “child labour” has no universally accepted

definition. This is in view of the fact that what is considered child labour in one culture is

seen as child training in another. The scholar cited, for instance, that in the Muslim North of

Nigeria, hawking and street begging are seen as dignified ways of training children; these

may be considered as child labour/ child rights violations in other cultures or societies. The

International Labour Organization (ILO) (1995) sees child labour as any work undertaken by

children below 15 years which endangers or interferes with basic rights of children, such as

free play, education, participation in other social and cultural activities necessary for normal

physical, psychic, intellectual and emotional development. According to ILO, there are 246

million children around the world aged 5 to 14 who are performing more than light or casual

economic work. Article 32 of the UN Convention prohibits child labour which is hazardous

or likely to interfere with the child‟s education or development. In this study, we

conceptualise child labour to mean: the imposition of labour on children below eighteen

years, and the promotion of such labour to achieve socio-economic motives of the imposer,

usually parents or relatives, as against the enhancement of positive creativity and

26
development of the child. This definition pre-supposes that child labour is an integral aspect

of child abuse.

Although child abuse occurs in Nigeria, it has received little attention. This is

probably due to the emphasis placed on the more prevalent childhood problems of

malnutrition and infection. Another possible reason is the general assumption that in every

African society the extended family system always provides love, care and protection to all

children. Yet there are traditional child rearing practices which adversely affect some

children, such as purposeful neglect or abandonment of severely handicapped children, and

twins or triplets in some rural areas. With the alteration of society by rapid socioeconomic

and political changes, various forms of child abuse have been identified, particularly in the

urban areas. These may be considered the outcome of abnormal interactions of the child,

parents/ guardians and society. They include abandonment of normal infants by unmarried or

very poor mothers in cities, increased child labour and exploitation of children from rural

areas in urban elite families, and abuse of children in urban nuclear families by child-

minders. Preventive measures include provision of infrastructural facilities and employment

opportunities in the rural areas in order to prevent drift of the young population to the cities.

Child abuse is an intentional act that results in physical or emotional harm to a child.

The term child abuse covers a wide range of behaviour, from actual physical assault by

parents or other adult caretakers to neglect of a child‟s basic needs. Child abuse is also

sometimes called child maltreatment. Child abuse, like child labour, is a fundamental betrayal

of childhood trust and an affirmation of the powerlessness of being young in a society where

victimization is often not recognized (Macfarlene, 1978). By definition, it refers to any act or

acts carried out by parents, guardians or relatives, against children, in furtherance of the

former‟s self-interests, which are inimical and detrimental to the self-concept, wellbeing and

overall development of these children (Yecho, 2008). Child abuse is viewed by the United

27
Nations as a condition of causing or permitting to occur, any form of offensive or harmful

contact on the body of the child. Adaadaa & Ametefe (2008) define child abuse simply to

mean the various forms of maltreatment, cruelty and degradation meted out to a child by

parents, caretakers or people in a society. It covers taking undue and inhuman physical,

economic and emotional (sexual) advantage of the child.

2.2 THEORETICAL FRAMEWORK

The basic premise of this study is that every social phenomenon of which law is a

part, must be seen within the context of a given mode of production or socio-economic

context (Yecho, 2008). The mode of production here refers to how society creates and

reproduces itself through material production of goods and services. Those who have more

power, which is derivable from their socio-economic strength, are able to control the

activities of others. The mode of production determines the nature of the state and the

character of the ruling class and their relations with other social groups in that system (Eze,

1994). Eze sees the state, in capitalist society, as not a neutral umpire. Rather it exists to

protect and serve the interests of the ruling class at the expense of other social groups which

are in the majority. This helps to propagate inequalities in the society and provides the basis

for the struggle for human rights. Human rights, he continues, tend to restrict the power of

rulers and serve as a reaction against authoritarianism and inequality that could have

destabilized the body polity.

This study adopts the Dialectical Method as a tool of analysis in looking at the

practice of the international child‟s right law in Nigeria. The study agrees with the opinion of

28
Eze (1994) which states that Dialectical Method is significant in that it examines the

relevance of the forces of production, class struggle, nature and character of the state and

their relevance to social relations as well as the enjoyment of human rights in the society. The

scholar states that Dialectical Method proceeds by thesis, anti-thesis and synthesis and very

well suited to understanding the struggle of man for human rights. The unequal and

exploitative relationships which characterize the capitalist mode of production estrange the

workers and the masses from the means of production. This invariably leads to conflicts with

the state moderating not as a neutral umpire but as an ally of the ruling class. The masses who

find themselves in the lowest scale of the socio-economic ladder find it difficult to actualize

their rights. It follows therefore that the denial of human rights is seen as a direct

consequence of the unequal and exploitative relationships that take place within the capitalist

system.

This framework rejects the liberal democracies emphasis on civil and political rights,

individualism and private property as too simplistic and narrow minded. Eze (1994) asserts

that this liberal notion of human rights serves to mask the exploitative and unequal

relationships that underline most laws in private enterprise system. On the other hand, the

dialectical method accepts the determinant impact of the nature of the socio-economic system

in the scope and nature of human rights protected and that it forms the bedrock of civil and

political rights since it determines the character of the state and who controls it. In actual

democracies, poverty often prevents the mass of the people from actualizing and enjoying

their political and civil rights while the concentration of wealth in the hands of a few, which

constitutes the ruling class, gives the economically privileged minority preponderant political

influence (Enemuo, 1999). This indicates that under conditions of exploitation and inequality,

the capacity of the ruling class to enjoy their rights is enhanced while those of the poor

masses are minimized or eroded due to poverty, socio-economic dislocations and civil strives

29
which are the characteristics of most developing economies. Ake (1993), was of the view that

the recognition of these paradoxes has led to calls for the broadening of the notion of

democracy to incorporate social and economic improvement of the masses.

At the international level, exploitation takes place at the level of exchange between

the developed countries and the developing countries of which Nigeria is one (Momoh &

Hundeyin, 1991). The unequal relationship and exploitation results in harsh economic

disorder characterized by external debt, hunger, poverty, underdevelopment, capital flight and

great social inequalities, among other social ills in the developing countries. Developing

countries have made different attempts to address these harsh economic conditions through

neo-liberal economic policies of privatization, deregulation and liberalization summarised in

Structural Adjustment Programmes (SAP). These attempts push these countries into further

cycle of foreign debt and poverty. These conditions have serious implications for the

promotion and protection of children‟s rights in the developing countries. When National

debt is high and Government spends a sizeable portion of its earnings to service debt, very

little is left to develop infrastructure needed for the enjoyment of human rights. Debt service

payments deprive Nigeria of much needed resources needed for poverty reduction, improved

health service, quality of education and provision of portable water. The existing trend of

servicing foreign debts with huge amount of money that the nation can only exacerbate

poverty and underdevelopment.

The peripheral capitalist mode of production is what Nigeria operates on. This is

mainly a direct consequence of its colonial heritage. Eze (1994) postulates that this mode of

production has created a contractor ruling class that is predatory and parasitic. It re-enforces

the primitive capitalist system, with the ruling class, in concert with the state, controlling the

resources of the country to perpetuate their interests at the expense of the majority of the

people. There is, therefore, dialectic between the small ruling class and the majority of the

30
Nigerian people. More and more Nigerians are getting poorer while fewer and fewer are

getting richer and controlling most of the wealth. The majority lacks basic education, health

care, does not have enough to eat or have good drinking water. Government have attempted

to relieve the sufferings of the poor masses through poverty alleviation programmes such as

National Association of Principal Educational Psychologist (NAPEP), micro-credit facilities,

law and institutional reforms have been met with failures. The dominance of the ruling class

on the other hand, is further enhanced. This widens the inequality gaps between the ruling

class and the poor masses. This situation forces families to release their children into labour

market, exposing them to the risk of physical and sexual abuse as well as enhancing their

risks of coming in conflict with the law. It is no wonder then that the fund for peace, an

international non-governmental organization, in its 2010 Failed States Index (FSI), states that

nearly 70% of Nigerians live below the poverty line, while many government officials have

become wealthy by taking bribes and embezzling public funds (The Punch, June 22, 2010).

The debilitating economic situation since the 1980s has created a needy population and also

affected funding for institutions and bodies charged with the implementation of human rights

of people, including children‟s rights, leading to the deterioration of educational, social and

health infrastructure. The level of poverty has given rise to different crises such as ethno-

religious conflicts and sub-nationalist agitations, social disorder and crimes. Children are the

most affected of these crises because of their vulnerability and dependence on the adult

population, majority of which are poor, illiterate and unable to afford the basic necessities of

life for themselves and their families (Alemika, 1996). In many poor countries, children work

to supplement meagre family income or otherwise to help family business as a means to

survive the hardships occasioned by worsening economic conditions (United Nations, 1995).

According to the UN, the condition most common to children who suffer, or are deprived of

opportunity is poverty resulting from economic injustice. This has led Teresa Abenez, a

31
onetime special adviser to UNICEF, to conclude that the most perverse form of denial of

child rights is poverty, because poverty makes it impossible to satisfy other needs that are

basic rights. Poverty affects access to quality education, health care, social services and

justice. It is for this reason that some have argued that, to achieve the realization of the rights

of children, there is a need to address the socio-economic conditions in which children are

reared (Alemika, 1996). It is true that government has put in place legal and institutional

measures meant to ensure the promotion of children‟s rights. These measures may not be

effective in the midst of mass poverty and widening socio-economic inequalities.

Another tool of analysis which this study adopts is the Conflict Theory. This theory

places emphases on power, exploitation, inequality and inequity as factors encouraging crime

and violence against children mostly in poor households. Conflict theory deliberates on these

concepts as they connect with three basic assumptions.

Firstly, conflict theory assumes that the society consist of groups with different

interest (Neuman, 1994). Child abuse is the result of children being against their caregivers in

such a way that the care givers have special interest in the act of abuse deliberately or not.

Secondly, force and strive to gain power are ever present aspects of human relations.

Children are usually abused because their abusers apply and maintain a position of power and

domination. Lastly, those in positions of power attempt to hold on to their power by

spreading traditions or using violence if necessary. In most cases of child abuse, children are

open to violence, terror and intimidation. For instance, a poor parent ignorantly tries to verify

his/her power by using violence and terror upon the child. Conflict theory is useful in

determining the impact of social, economic, environmental and cultural factors on levels of

incidence of violence and crime against children. Most children who find themselves in poor

households find it difficult to actualize their rights. It follows therefore that the denial of

human rights is seen as a direct consequence of exploitation, power, inequality and inequity.

32
REFERENCES

Ake, C (1993): Is Africa Democratizing? Text of Guardian Annual Lecture, in the Guardian

on Sunday, December 12, p, A9.

Alemika, E E (1996): Child Abuse, In I. Ayua & I. Isabella (ed), The Rights of the Child in

Nigeria; Lagos: Nigerian Institute of Advanced Legal Studies (NIALS), University of

Lagos Campus.

Amatete, M. D & Adaadaa, C (2008): Symptoms of Child Abuse and the Remedy; in The

Journal of Family Development, vol.3, June 2008; A Publication of the Centre for

Family Development (CEFAD).

Azogu, G.I (1991): Women and Children: A dismembered Group under Customary Law in

Nigeria (Federal Ministry of Justice, 1991) p.133

Burchill, S (2001): Liberalism; in S. Burchill et al (ed) Theories of International Relations;

New York: palgrave.

Ensalaco & Majka, (2005)

Eze, O C (1994): Towards a More Positive Conception of Human Rights; in O. Agbede, et al

(ed): Proceedings of International Conference on Human Rights Education in Rural

Environments; Lagos: Department of Jurisprudence and International Law, University

of Lagos, Lagos.

Federal Ministry of Justice (1991): Towards a Restatement of Customary Law in Nigeria,

p.133;Abuja

33
Francis, D J (2005): Peace and Conflict Studies: An African Overview of Basic Concepts; in

S G BEST (ed), Introduction to Peace and Conflict Studies in West Africa; Ibadan,

Spectrum Books Limited.

Freeman, M (1995): Children Rights in a Land of Rites; in B. Franklin (ed); The Handbook of

Children‟s Rights; London: Routledge.

Kegley, C W (2007): World Politics: Trend and Transformation, 11th Edition; New York:

Thomson Wadsworth.

Macfarlane, K (1978): Sexual Abuse of Children; in J. R. Chapman & M. Gates (eds),

Victimization of Women; Beverly Hills: Sage Publications.

Melton, G (2005): Treating Children like People: A Framework for Research and Advocacy;

Journal of Clinical Child and Adolescent Psychology.

Momoh, A & Hundeyin, T (1999): Perspectives on Political Economy: in R. Anifowose & F.

Enemuo (ed): Element of Politics; Lagos: Sam Iroanusi Publications.

Neuman, W.L (1994) Social Research Methods: Qualitative and Quantitative Approaches,

Boston: Allyn and Bacon.

Oku, O (2008): Protecting the Rights of Domestic House Helps in Imo state, in the Journal of

Family Development, vol.3, June 2008; A Publication of the Centre for Family

Development (CEFAD).

34
Onu, P (1994): The Concept of People’s Rights in Banjul Charter; in O. Agbede et al (ed):

Proceedings of International Conference on Human Rights Education in Rural

Environments; Lagos: department of Jurisprudence and International Law, Uniiversity

of Lagos, Lagos.

Owasanoye, B & Adekunle, A (1996): Overview of the Rights of the Child in Nigeria, in I.

Ayua & I. Isabella, (ed), the rights of the child in Nigeria; Lagos: Nigerian Institute of

Advanced Legal Studies (NIALS), University of Lagos.

Smith, A B (2008): Child Rights and Early Childhood Education; Children Issues Centre,

University of Otago.

The UN Convention on the Right of the Child (1989) (2010): CRIN Website.

UNICEF Newsletter (2006): The Role of the United Nations, Convention on the Right of the

Child; UNICEF Website.

Yecho, J. I (2008): Child Labour/Abuse and its Consequences on National Development; in

Journal of Family Development, vol.3, June 2008; A Publication of the Centre for

Family Development (CEFAD).

35
 CHAPTER THREE

RESEARCH METHODOLOGY

This chapter provides the steps and procedures used in the collection of data for this

study.

3.1 RESEARCH DESIGN

As regards this research project – Domestication of international child rights law in

Nigeria, the descriptive survey method will be adopted because it is descriptive in content

using workers of National Human Rights Commission and Public Complaints Commission.

National Human Rights Commission and Public Complain Commission as my case study

will be primarily quantitative in nature as information gotten will be summarized using

statistical means. Survey research has to do with getting information from various groups of

people about their ideas which are related to issues under investigation by asking questions

and tabulating their answers.

3.2 RESEARCH POPULATION

The target population designed to cover the study will be confined to hundred people

of which may consist of the persons listed below;

- Workers of National Human Rights Commission

- Workers of Public Complaints Commission

3.3 SAMPLING TECHNIQUE

The sample used in this study was composed of 100 participants and the sample was

chosen using purposive sampling technique in which the researcher selects a particular group

or category from the population to constitute the sample because the category is considered to

36
cover the whole with reference to the characteristics in question (Kumari, 2008). I got 70

questionnaires out of 100 which was administered initially.

3.4 RESEARCH INSTRUMENTS

A research instrument is a tool used in collecting data. This research makes use of

primary and secondary types of data which serves as the instrument of this research. Primary

data is used primarily for this study and is gotten from the questionnaire administered.

Textbooks, journals, articles, internet and newspapers are the secondary source of data used

which supplements the primary data. This study makes use of questionnaire. A questionnaire

is a research instrument that is conducted in such a way that the respondents answer questions

about their own ideas and activities in a written form. A questionnaire is usually structured

based on a scale sufficient enough to acquire quantitative analysis. A questionnaire can be

open ended or close ended. In my research, I used questionnaire as my primary data source.

3.5 VALIDITY AND RELIABILITY OF INSTRUMENTS

The data sampling coverage involves the prominent workers of National Human

Rights Commission (NHRC), Public Complains Commission (PCC). In this research, the

data gathered and the results/findings made are of the highest possibility that they were

obtained empirically and objectively analysed.

3.6 DATA ANALYSIS TECHNIQUE

The method used for result interpretation is qualitative and quantitative techniques.

Qualitative technique is a simple analytical method based on fact observed in the course of

research enquiry, which comprises of the use of textbooks, journals, newspapers and internet.

Quantitative technique involves interpretation of figures and statistics obtained on the

assessment of the domestication of international child‟s rights law in Nigeria; 1999 – 2013. It

37
also contains mixed multiple technique and suggestive answers. Using primary and secondary

source of data is important because it helps in the analysis and interpretation of data. Data

sources were carefully selected based on the relevance and validity in achieving the

objectives of this research. The questionnaire response is based on five responses, for

example strongly agree, agree, neutral, strongly disagree, disagree. The questionnaire adopted

multiple dimension area relating to the domestication of child rights law in Nigeria. The

result of the questionnaire will be analysed with the use of tables. The chi – square will be

used in testing the hypothesis. The study was analysed using both descriptive and inferential

statistics, percentages and mean were also used to analyse. Chi- square is a test that compares

the observed frequencies and expected frequencies. Chi-square analysis is used when there is

a need to examine the similarities between two or more populations or variables on some

characteristics of interest. (Other statistical tests do pairwise comparison, but the chi-square

can handle more than one variable or population at the same time). It is often compared to the

t-test for comparing mean since it compares non normal population distributions. Chi- square

is a statistical test applied to sets of categorical data to evaluate how likely it is that any

observed difference between the sets arose by chance. It is suitable for unpaired data from

large samples. It tests a null hypothesis stating that the frequency distribution of certain

events observed in a sample is consistent with a particular theoretical distribution.

38
 CHAPTER FOUR

DATA ANALYSIS, PRESENTATION AND INTERPRETATION

4.0 INTRODUCTION

This chapter presents an analysis of the data on the study. Data analysis was undertaken

primarily in terms of percentages and, to a lesser extent, through descriptive analysis. Simple

pie charts, frequency distribution tables were used in presenting data. Data analysis was done

based on the research questions. This chapter deals with the interpretation and analysis of

data collected from the field. A total of 100 questionnaires were distributed but only 70 was

answered and returned.

4.1 DATA PRESENTATION

Frequency Distribution Table for Respondent Bio-Data

SEX

Valid Cumulative

Frequency Percent Percent Percent

Valid MALE 38 54.3 54.3 54.3

FEMALE 32 45.7 45.7 100.0

Total 70 100.0 100.0

The table above shows that 38(54.3%) of the respondents were males while 32(45.7%) were

females.

39
 AGE

Frequenc Valid Cumulative

y Percent Percent Percent

Valid 20-29 11 15.7 15.7 15.7

30-39 7 10.0 10.0 25.7

40-49 35 50.0 50.0 75.7

50-59 15 21.4 21.4 97.1

60 AND 2 2.9 2.9 100.0

ABOVE

Total 70 100.0 100.0

The result shows that age groups 40-49 have the largest number of respondents with 50% of

the total respondents.

40
 OCCUPATION

Cumulative

Frequency Percent Valid Percent Percent

Valid SELF- 31 44.3 44.3 44.3

EMPLOYED

EMPLOYEE 33 47.1 47.1 91.4

EMPLOYER 6 8.6 8.6 100.0

Total 70 100.0 100.0

The table above presents the occupation of the respondents and it shows that the employers

were lesser with 6(8.6%), followed by the self-employed with 31(44.3%) and employee with

the highest sample population of 33(47.1%).

41
 RELIGION

Valid Cumulative

Frequency Percent Percent Percent

Valid CHRISTIANITY 43 61.4 61.4 61.4

ISLAM 27 38.6 38.6 100.0

Total 70 100.0 100.0

The table above shows that Islam had the sample population of 27(38.6%) while Christianity

had 43(61.4%).

42
 EDUCATION QUALIFICATION

Valid Cumulative

Frequency Percent Percent Percent

Valid WASC/ 2 2.9 2.9 2.9

SSCE

OND/N 11 15.7 15.7 18.6

CE

HND 28 40.0 40.0 58.6

DEGRE 22 31.4 31.4 90.0

OTHER 7 10.0 10.0 100.0

Total 70 100.0 100.0

The table above shows the educational qualification of the respondents and indicates that

2(2.9%) have WASC/SSCE, 11(15.7%) have NCE, 28(40%) have HND, 22(31.4%) have

degree while 7(10%) have other forms.

43
4.2 DATA ANALYSIS

Cross tab consists of observed frequency (count) and expected frequency (expected count).

Count is the real value gotten from the field experiment.

Formula for calculating expected count = Row total x Column total

Grand Total

Pearson Chi Square = ∑

Where Oi is observed count

Ei is expected count

Degree of freedom = (r -1) (c-1)

Where r is the number of rows in the crosstab

C is the number of columns in the crosstab

The analysis in the crosstab below is done by using questions to compare questions. This is

done to test the hypothesis. One question from the questionnaire is used to compare three

other questions in the questionnaire that are similar to each other. In analysis 1,for instance,

Domestication and full implementation of the provision of child‟s right law by all states of

44
the federation is the only panacea to the disturbing incidences of rape and violence against

children is used to compare The provision of the child Rights Law in Nigeria and UN

Convention as well as the Child‟s Right Act positively affects the fortunes of the Nigerian

Child, The existing provisions of Child‟s Right Act have not been effective in preventing

Childs Right violation in Nigeria and also Culture/tradition/custom is perceived to serve as a

serious challenge in achieving the objectives of the Child‟s Right Act in Nigeria. In analysis

2, The Nigeria government does not have the political will, sincerity and commitment to

influence the Child Right Law in Nigeria is used to compare All forms of corporal

punishment of children in Nigeria should be banned as they are not appropriate corrective

measure in their upbringing, The Nigerian child have not been given adequate protection and

also ignored by the family, society and government and also In pursuance of universal

adoption of Childs Right Act, Nigeria needs to seriously address the challenges associated

with implementation for all tiers of government. The count in each row and column is gotten

from the sum total of responses in both questions.

45
 ANALYSIS 1:
Domestication and full implementation of the provision of child’s right law by all states
of the federation is the only panacea to the disturbing incidences of rape and violence
against children * The provision of the child Rights Law in Nigeria and UN Convention
as well as the Child’s Right Act positively affects the fortunes of the Nigerian Child

Crosstab

The provision of the child Rights Law in Nigeria and UN

Convention as well as the Child‟s Right Act positively
affects the fortunes of the Nigerian Child

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE DISAGREE Total

Domestication STRONGLY Count 12 7 6 2 0 27

and full AGREE
implementation Expected 9.6 8.9 5.0 2.3 1.2 27.0
of the Count
provision of
child‟s right AGREE Count 10 12 5 1 2 30
law by all
states of the Expected 10.7 9.9 5.6 2.6 1.3 30.0
federation is Count
the only
panacea to the NEUTRAL Count 0 1 1 2 0 4
disturbing
incidences of Expected 1.4 1.3 .7 .3 .2 4.0
rape and Count
violence
against STRONGLY Count 3 2 1 0 0 6
children DISAGREE
Expected 2.1 2.0 1.1 .5 .3 6.0
Count

DISAGREE Count 0 1 0 1 1 3

Expected 1.1 1.0 .6 .3 .1 3.0

Count

Total Count 25 23 13 6 3 70

Expected 25.0 23.0 13.0 6.0 3.0 70.0

Count

46
Chi-Square Tests for the above table

Pearson Chi-Square 24.875

Degree of freedom 16

P-value 0.036

In the above analysis, the formula ∑ was used in calculating the Pearson chi

square. That is, chi-square is the sum of the squared difference between observed (o) and the

expected (e) data, divided by the expected data in all categories.

That is the sum total of (12 – 9.6)2 + (7-8.9)2 + (6-5.0)2 + ......... + (1-0.1)2

9.6 8.9 5.0 0.1

The degree of freedom is gotten by using the formula (r -1) (c-1), that is total number of rows

which is (5 – 1) multiplied by total number of columns which is (5 – 1). Which is (4)(4).

The P-value is also known as the probability value. It is used for testing statistical hypothesis.
In calculating P-value, it is important to know the level of significance which is traditionally
5% which is 0.05 and it is often denoted by the (α) sign. The P-value is calculated based on
the data imputed into the computer. It is calculated using the SPSS or P score calculator.
Once the data is being entered into the data view of the SPSS and the analysis is being run,
the computer will bring out the output in which the P value is inclusive. When using the P
score calculator, it is required to enter the figure of the chi-square and also the level of
significance in other to calculate the P-value. The P-value is defined as the probability, under
the assumption of hypothesis, of obtaining a result equal to or more extreme than what was
actually observed. The P-value is used in the context of null hypothesis testing in order to
quantify the idea of statistical significance of evidence. In other words, if P-value is less than
α value, Ho is being rejected.

This method applies to all other tables in this chapter

47
 Domestication and full implementation of the provision of child’s right law by all states
of the federation is the only panacea to the disturbing incidences of rape and violence
against children * The existing provisions of Child’s Right Act have not been effective in
preventing Childs Right violation in Nigeria

Crosstab

The existing provisions of Child‟s Right Act

have not been effective in preventing Childs
Right violation in Nigeria

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE Total

Domestication STRONGLY Count 4 12 6 5 27

and full AGREE
implementation Expected 1.9 14.7 5.8 4.6 27.0
of the Count
provision of
child‟s right AGREE Count 1 19 6 4 30
law by all
states of the Expected 2.1 16.3 6.4 5.1 30.0
federation is Count
the only
panacea to the NEUTRAL Count 0 0 2 2 4
disturbing
incidences of Expected .3 2.2 .9 .7 4.0
rape and Count
violence
against STRONGLY Count 0 4 1 1 6
children DISAGREE
Expected .4 3.3 1.3 1.0 6.0
Count

DISAGREE Count 0 3 0 0 3

Expected .2 1.6 .6 .5 3.0

Count

Total Count 5 38 15 12 70

Expected 5.0 38.0 15.0 12.0 70.0

Count

48
 Chi-Square Tests for the above table

Pearson Chi-Square 13.777

Degree of freedom 12

P-value 0.003

Domestication and full implementation of the provision of child’s right law by all states
of the federation is the only panacea to the disturbing incidences of rape and violence
against children * Culture/tradition/custom is perceived to serve as a serious challenge
in achieving the objectives of the Child’s Right Act in Nigeria

Crosstab

Culture/tradition/custom is perceived to serve as a serious

challenge in achieving the objectives of the Child‟s Right
Act in Nigeria

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE DISAGREE Total

Domestication STRONGLY Count 4 9 6 0 8 27

and full AGREE
implementation Expected 7.7 6.9 5.0 .4 6.9 27.0
of the Count
provision of
child‟s right AGREE Count 12 6 4 1 7 30
law by all
states of the Expected 8.6 7.7 5.6 .4 7.7 30.0
federation is Count
the only
panacea to the NEUTRAL Count 0 3 1 0 0 4
disturbing
incidences of Expected 1.1 1.0 .7 .1 1.0 4.0
rape and Count
violence
against STRONGLY Count 3 0 2 0 1 6

49
children DISAGREE Expected 1.7 1.5 1.1 .1 1.5 6.0
Count

DISAGREE Count 1 0 0 0 2 3

Expected .9 .8 .6 .0 .8 3.0
Count

Total Count 20 18 13 1 18 70

Expected 20.0 18.0 13.0 1.0 18.0 70.0

Count

Chi-Square Tests

Pearson Chi-Square 19.098

Degree of freedom 16

P-value 0.025

Decision rule: Reject H0, if p-value is less than α-value i.e 5% significant level, otherwise

Reject H1.

From table (i) – (iii), it is discovered that p-value i.e 0.036, 0.003 and 0.025 are less than the

α-value i.e 0.05.

Therefore, we reject H0

Conclusion: UN convention and the existing provisions of Child Rights Act have been

effective in preventing Child Rights violation in Nigeria.

50
 ANALYSIS 2: The Nigeria government does not have the political will, sincerity and
commitment to influence the Child Right Law in Nigeria * All forms of corporal
punishment of children in Nigeria should be banned as they are not appropriate
corrective measure in their upbringing

Crosstab

All forms of corporal punishment of children in Nigeria

should be banned as they are not appropriate corrective
measure in their upbringing

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE DISAGREE Total

The Nigeria STRONGLY Count 8 10 4 4 5 31

government AGREE
does not Expected 8.9 9.7 4.9 3.5 4.0 31.0
have the Count
political
will, AGREE Count 7 4 4 1 2 18
sincerity
and Expected 5.1 5.7 2.8 2.1 2.3 18.0
commitment Count
to influence
the Child NEUTRAL Count 4 6 1 0 2 13
Right Law
in Nigeria Expected 3.7 4.1 2.0 1.5 1.7 13.0
Count

STRONGLY Count 1 0 2 1 0 4
DISAGREE
Expected 1.1 1.3 .6 .5 .5 4.0
Count

DISAGREE Count 0 2 0 2 0 4

Expected 1.1 1.3 .6 .5 .5 4.0

Count

Total Count 20 22 11 8 9 70

Expected 20.0 22.0 11.0 8.0 9.0 70.0

Count

51
Chi-Square Tests for the above table

Pearson Chi-Square 19.149

Degree of freedom 16

P-value 0.04

52
 The Nigeria government does not have the political will, sincerity and commitment to
influence the Child Right Law in Nigeria * The Nigerian child have not been given
adequate protection and also ignored by the family, society and government

Crosstab

The Nigerian child have not been given adequate protection

and also ignored by the family, society and government

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE DISAGREE Total

The Nigeria STRONGLY Count 14 10 2 0 5 31

government AGREE
does not Expected 11.5 8.0 5.3 .9 5.3 31.0
have the Count
political
will, AGREE Count 6 6 3 1 2 18
sincerity
and Expected 6.7 4.6 3.1 .5 3.1 18.0
commitment Count
to influence
the Child NEUTRAL Count 5 1 4 0 3 13
Right Law
in Nigeria Expected 4.8 3.3 2.2 .4 2.2 13.0
Count

STRONGLY Count 0 1 2 0 1 4
DISAGREE
Expected 1.5 1.0 .7 .1 .7 4.0
Count

DISAGREE Count 1 0 1 1 1 4

Expected 1.5 1.0 .7 .1 .7 4.0

Count

Total Count 26 18 12 2 12 70

Expected 26.0 18.0 12.0 2.0 12.0 70.0

Count

53
Chi-Square Tests for the above table

Pearson Chi-Square 21.642

Degree of freedom 16

P-value 0.019

54
 The Nigeria government does not have the political will, sincerity and commitment to
influence the Child Right Law in Nigeria * In pursuance of universal adoption of Childs
Right Act, Nigeria needs to seriously address the challenges associated with
implementation for all tiers of government

Crosstab

In pursuance of universal adoption of Child „s Right Act,

Nigeria needs to seriously address the challenges associated
with implementation for all tiers of government

STRONGLY STRONGLY
AGREE AGREE NEUTRAL DISAGREE DISAGREE Total

The Nigeria STRONGLY Count 9 12 7 2 1 31

government AGREE
does not Expected 7.5 11.5 8.4 1.8 1.8 31.0
have the Count
political
will, AGREE Count 6 9 2 0 1 18
sincerity
and Expected 4.4 6.7 4.9 1.0 1.0 18.0
commitment Count
to influence
the Child NEUTRAL Count 1 4 7 1 0 13
Right Law
in Nigeria Expected 3.2 4.8 3.5 .7 .7 13.0
Count

STRONGLY Count 1 1 1 0 1 4
DISAGREE
Expected 1.0 1.5 1.1 .2 .2 4.0
Count

DISAGREE Count 0 0 2 1 1 4

Expected 1.0 1.5 1.1 .2 .2 4.0

Count

Total Count 17 26 19 4 4 70

Expected 17.0 26.0 19.0 4.0 4.0 70.0

Count

55
Chi-Square Tests for the above table

Pearson Chi-Square 22.349

Degree of freedom 16

P-value 0.007

Decision rule: Reject H0, if p-value is less than α-value i.e 5% significant level, otherwise

Reject H1.

From table (i) – (iii), it is discovered that p-value i.e 0.04, 0.019 and 0.007 are less than the α-

value i.e 0.05.

Therefore, we reject H0

Conclusion: The Nigerian government has the political will, sincerity and commitment to

enforce the Child Rights Law in Nigeria.

56
4.3 FINDINGS

This research has been carried out on a critical assessment on the domestication of

international child rights law in Nigeria. From the study, it has been established that there are

numerous legal instruments meant to protect the Nigerian Child against economic

exploitation. The most significant is the Child Rights Act, 2003 (CRA).

In spite of the numerous statutory provisions and measures by Government to protect

the Nigerian child against exploitation, exploitation is still a thorn in the flesh. Children are

everywhere toiling as domestic servants at homes, labouring behind the walls of workshops,

hidden from view in plantations. Sexual exploitation, child marriage, child trafficking and

prostitution have become very rampant and many children have been shipped to European

countries as sex slaves. Many reasons have been given to explain the continuation of children

exploitation. They range from poverty, moral degeneration of the Nigerian society, weakness

of the child justice system, cultural and religious practices. The greatest factor responsible for

child abuse has been identified to be the poor economic condition of the country. It is

important for the socio-economic conditions under which children are reared to be addressed

in order to control the incidence of child abuse.

From the responses, UN convention and the existing provisions of Child Rights Act

have been effective in preventing Child Rights violation in Nigeria in the past few years

despite the difficulties faced in implementing some laws in some part of the country. Also,

the Nigerian government has the political will, sincerity and commitment to enforce the Child

Rights Law in Nigeria and this can be seen with its adoption of many provisions of

international children‟s rights law.

57
 CHAPTER FIVE

SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATION

5.1 SUMMARY

In this study, an attempt to assess the domestication of international child rights law in

Nigeria was made. World leaders began to put legal and institutional frameworks in place

geared towards the accomplishment of the protection of children‟s rights after being

convinced that children deserve sufficient protection so that they can grow to preserve the

human race. This was due to the believe that protecting the human rights of children is

critical to the development and continuity of nations. In the mid-1940s, following the

establishment of the United Nations Organisation (UNO), several human rights conventions

and treaties were negotiated by members of the international community and few of these

instruments were devoted to children. Despite the provisions of these instruments worldwide,

the dignity and rights of children continued to be violated. The UN Convention on the Rights

of the Child is the most successful human rights treaty with regards to the number of nations

that have signed and ratified it. Every sovereign state in the world have signed and ratified

the treaty except the Unites States and Somalia.

For a proper analysis of the work to be achieved, the work was divided into five chapters.

Chapter one is the general introduction, it contains the background to the study, statement of

the problem, research questions, objective of the study, research hypothesis, significance of

the study, scope and limitation of the study. Chapter two is the Literature Review. It contains

the conceptual clarification and theoretical framework. Chapter three is about the Research

Methodology. It contains a brief history of case study, restatement of hypothesis, research

58
design, sample population, sample area, sampling technique, method of data collection,

Validity and Reliability of instruments. Chapter four contains the Data Presentation and

Analysis. Chapter five will contain the Summary of Findings, Conclusion and

Recommendation.

Based on data collected and analysed, the study made and discussed the findings that,

detailed legal and institutional provisions were made by the international community for the

promotion and protection of children‟s rights including Nigeria. The provisions made by the

Nigerian government are yet to be universal due to the fact that some states are yet to adopt

the Child Rights Act. Nigerian Government is collaborating with international bodies such as

UNICEF, ILO, UNESCO, etc to ensure the full implementation of the provisions of the Act.

Limitations to the enjoyment of human rights of children were identified. They include

poverty, underdevelopment, ignorance of the relevant laws, great social inequalities, multi-

ethnic and cultural nature of the country, non-adaptation of the Act by some states, etc. the

utmost obstruction was found to be the economic recession the nation has been experiencing

since the mid-1980s which has made Nigeria to lack necessary resources needed for poverty

reduction, improved health services provision on portable water and quality education leading

to decay in physical and social infrastructures. The extent to which rights are enjoyed

depends on the socio-economic and political framework of the society.

5.2 CONCLUSION

Children are vulnerable members of the society. With the introduction of Structural

Adjustment Programme (SAP) in the 1980s to address the deteriorating economy of the

country, consecutive governments have undertaken gradual and coherent removal of

subsidies from petroleum products and social services such as health, education, transport and

communication services. Several negative impact of SAP especially on vulnerable members

59
of the society including children has been identified. The most obvious impact is in declining

health and educational services which SAP set aside for reduced funding. Accordingly, the

interest and rights of children were dependent on the availability of income. Another negative

impact is the harsh economic conditions which imposes poverty on many families. This leads

to high inflationary rates, high cost of living and an impoverished nation. Reasons for poverty

could be best understood through the Marxist view of Alubo (1988). He sees child rights

abuse as the result of class differences which exists in the country between the bourgeoisie

(the ruling class) and the proletariat (the dominated). He argued that the upper class members

control the economy and formulate policies. This enables them formulate policies aimed at

maximising profit at the expense of the poor which comprises of the low-income workers,

farmers and artisans.

Child labor and child abuses are still rampant in Nigeria with the presence of street

children and children beggars despite the numerous provisions of both international and

national instruments. Corruption in Government has robbed children of the finance necessary

for the implementation of the rights of the child the health care delivery system. The scourge

of the HIV/AIDS in the country is a threat to the right to life and Government has not

addressed the issue. Sexual harassment and abandonment of children are still rampant

exposing them to physical and moral insecurity. The right to education appears to be replaced

by exploitative child labor in some parts of the country. Many parents are still abandoning

their responsibilities towards their children despite the provisions of the laws concerning

children. There is need for more political will and economic power on the part of the

government to implement these laws in the interest of the Nigerian child and also for a better

Nigeria. According to Owasanoye and Adekunle, children are, and must remain the focus of

tireless effort for development and growth. International standards set for child survival,

protection and development must be met at all cost as a matter of economic and political

60
priority and exigency. Only then can the Nigerian child of today compete in the world of

tomorrow.

5.3 RECOMMENDATIONS

In view of the outcomes of this study, the following are the recommendations made:

1. State must begin to put in place a steady and maintainable political system founded on

democratic norms that will terminate violent ethno- political and religious crisis.

2. The Nigerian economy needs to be restructured to remove conditions that keep people

in poverty owing to the fact that it has established that poverty is a major cause of

child rights violation.

3. Strengthening of institutional mechanisms, especially at the federal levels such as

NHRC, Legal Aid Council, NCRIC, etc to enable them perform their statutory duties

more efficiently. They should be properly funded and adequately staffed.

4. Finally, it is recommended that all stake holders must be properly educated and

enlightened on these rights. Parents, children, families, and the Governments should

be alert to their responsibilities under these laws and pay greater attention to their

implementation.

61
REFERENCES

Alubo, A (1998): Child Abuse or Pauperization: a theoretical position; Jos: paper presented at

African Network for the Prevention of Child Abuse and Neglect (ANPCAN).

Joel, R.S & Mamman, A (2000): Curbing the Menace of Street Children in Nigeria; Jos; in

Journal of Educational Studies, vol. 11, no 1, institute of Education, university of Jos.

Owasanoye, B & Adekunle, A (1996): Overview of the Rights of the Child in Nigeria, in I.

Ayua & I. Isabella, (ed), the rights of the child in Nigeria; Lagos: Nigerian Institute of

Advanced Legal Studies (NIALS), University of Lagos.

62
BIBLIOGRAPHY

Ajomo, M O & Okagbue, I (1996): Introduction to the Rights of the child; in I. Ayua

& I. Isabella (ed), The Rights of the Child in Nigeria; Lagos: Nigerian Institute of Advanced
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Ake, C (1993): Is Africa Democratizing? Text of Guardian Annual Lecture, in the Guardian

on Sunday, December 12, p, A9.

Alemika, E E (1996): Child Abuse, In I. Ayua & I. Isabella (ed), The Rights of the Child in

Nigeria; Lagos: Nigerian Institute of Advanced Legal Studies (NIALS), University of Lagos
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Allen, K (2009): Global poverty: the Human Rights Dimension; open Democracy;

London.

Alubo, A (1998): Child Abuse or Pauperization: a theoretical position; Jos: paper presented at

African Network for the Prevention of Child Abuse and Neglect (ANPCAN).

Amatete, M. D & Adaadaa, C (2008): Symptoms of Child Abuse and the Remedy; in The

Journal of Family Development, vol.3, June 2008; A Publication of the Centre for Family
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Azogu, G.I (1991): Women and Children: A dismembered Group under Customary Law in

Nigeria (Federal Ministry of Justice, 1991) p.133

Burchill, S (2001): Liberalism; in S. Burchill et al (ed) Theories of International Relations;

New York: palgrave.

Ensalaco & Majka, (2005)

Etuk, E. (2007): Analysis of the Implementation of Child Rights Law in Nigeria; A

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Federal Ministry of Justice (1991): Towards a Restatement of Customary Law in Nigeria,

p.133;Abuja

Francis, D J (2005): Peace and Conflict Studies: An African Overview of Basic Concepts; in

S G BEST (ed), Introduction to Peace and Conflict Studies in West Africa; Ibadan, Spectrum
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Freeman, M (1995): Children Rights in a Land of Rites; in B. Franklin (ed); The Handbook of

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Global Action for Children (2008): Fighting for Orphans and Vulnerable Children;

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Joel, R.S & Mamman, A (2000): Curbing the Menace of Street Children in Nigeria; Jos; in

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Judith, E (2000): Rethinking Childhood: Perspective on Children‟s Rights; Cultural

Survival.

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Thomson Wadsworth.

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Melton, G (2005): Treating Children like People: A Framework for Research and Advocacy;

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Onu, P (1994): The Concept of People’s Rights in Banjul Charter; in O. Agbede et al (ed):

Proceedings of International Conference on Human Rights Education in Rural Environments;

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Owasanoye, B & Adekunle, A (1996): Overview of the Rights of the Child in Nigeria, in I.

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65
 APPENDIX

QUESTIONNAIRE

College of Social and Management Science

Department of International Relations and Diplomacy

Afe Babalola University Ado Ekiti

February 2015

Dear Respondent,

I am a final year student of the above named university carrying out a research on the
topic; DOMESTICATION OF INTERNATIONAL CHILD RIGHTS LAW IN NIGERIA;
1999 – 2014 for the purpose of an award of degree in International Relations and Diplomacy.
This is a public survey questionnaire which is aimed at identifying and collecting data about
issues, concerns and problems as they affect the domestication and effective implementation
of child‟s right law in Nigeria. I humbly request your assistance in filling the questionnaire.
Your kind and objective response will contribute significantly towards promoting the child
rights law and minimising or removing the problems militating against these rights. Your
responses will be treated with utmost anonymity and confidentiality and it is intended for
academic purpose only.

Yours Faithfully

Suleiman Victoria.

_______________

SECTION A : BIODATA

Please, tick (√) any answer of your choice in the spaces provided

Sex - Male ( )

Female ( )

66
Age - 20 – 29 ( )

30 – 39 ( )

40 – 49 ( )

50 – 59 ( )

60 and above ( )

Occupation - Self-employed ( )

Employee ( )

Employer ( )

Religion - Christianity ( )

Islam ( )

Educational qualification - WASC/ SSCE ( )

OND/NCE ( )

HND ( )

Degree ( )

Others (please specify) ______________________________

TOPIC – DOMESTICATION OF INTERNATIONAL CHILDS RIGHT LAW IN

NIGERIA; 1999- 2014.

SECTION B

Please, tick (√) any answer of your choice in the spaces provided below

KEYS: Strongly Agree - SA

Agree -A

Neutral -N

Strongly Disagree - SD

Disagree -D

67
NO QUESTIONS SA A N SD D

1 Domestication and full implementation of the provision of Child‟s rights law by

all states of the federation is the only panacea to the disturbing incidences of rape
and violence against children.

2 All forms of corporal punishment of children in Nigeria should be banned as they

are not appropriate corrective measures in their upbringing

3 The Nigerian Child have not been given adequate protection and have also been
ignored by the family, society and government

4 The provisions of Child Rights Law in Nigeria and UN Convention as well as

Child Rights Act positively affect the fortunes of the Nigerian Child.

5 The Nigerian government does not have the political will, sincerity and
commitment to influence the Child Rights Law in Nigeria

6 The almigiri, the child hawkers and the child beggars are good examples of street
children which calls for outright rejection by Child Right Law of the state

7 The existing provisions of Child Right Act have not been effective in preventing
Child Rights violation in Nigeria

8 Culture/tradition/custom is perceived to serve as a serious challenge in achieving

the objectives of the Child Right Act in Nigeria.

9 In pursuance of universal adoption of Child Right Act, Nigeria needs to seriously

address the challenges associated with implementation for all tiers of
government.

10 Nigerian children enjoy all their fundamental rights as provided by the Child
Rights Law.

68
Please fill in the spaces below

1. In your own opinion, mention 2 of the possible challenges affecting possible

domestication and implementation of Child Rights Act in Nigeria

I. _______________________________________________________________
____________________________________________________________

II. _______________________________________________________________
_____________________________________________________________

2. Kindly suggest briefly 3 possible mechanisms to be put in place by the appropriate

stakeholders to ensure enforcement of Child Right Act for positive result in Nigeria

I. _______________________________________________________________
_______________________________________________________________
____________________________________________________________

II. _______________________________________________________________
_______________________________________________________________
______________________________________________________________

III. _______________________________________________________________
_______________________________________________________________
____________________________________________________________

Thank you very much for your time and timely response.

69