Explainer: What The Law Says About a Nigerian Child`s Rights

In Nigeria, the protection of a child’s rights is a critical aspect of the legal framework designed to safeguard the well-being and development of its youngest citizens. Despite significant legislative efforts, violations of these rights remain a pressing concern.

This legal explainer aims to provide a comprehensive overview of the key provisions surrounding child rights in Nigeria, as well as the legal mechanisms in place to address offences committed against these rights.

By exploring the relevant laws, enforcement strategies, and common challenges, this guide seeks to enhance understanding and support effective advocacy for the protection of children in Nigeria.

How the Law Defines a Child
Section 277 of the Child Rights Act (CRA) defines a child as a person under the age of eighteen years.

Historical Background

The evolution of a child`s rights and protection in Nigeria has a rich history, beginning in the pre-colonial era when traditional societies governed child care through customary laws and practices. The first formal step towards codifying these protections came in 1943 with the enactment of the Children and Young Persons Ordinance (CYPO) for the eastern and western regions of Nigeria. This legislation was later revised and extended to Northern Nigeria in 1958.

Nigeria’s engagement with international child rights standards began in 1979 when the country signed the Declaration of the Rights of the Child. This commitment was further solidified in 1991 when Nigeria ratified the United Nations Convention on the Rights of the Child (UNCRC), which had been adopted globally in 1989.

Regional efforts to protect children’s rights were also advancing. In 1990, the Organization of African Unity (now the African Union) adopted the African Charter on the Rights and Welfare of the Child, providing a framework tailored to the African context. Nigeria ratified this charter in 1999, further reinforcing its commitment to both international and regional standards of child protection.

Nigeria’s child`s rights legislation was established in 2003 with the federal enactment of the Child Rights Act.

Status of Adoption

According to the Child’s Rights Act tracker, 35 out of Nigeria’s 36 states have adopted the Child Rights Act. Gombe remains the only state yet to domesticate the Act.

Children`s rights as outlined in the Child`s Rights Act (CRA) of Nigeria.

Right to Survival and Development (Section 4):
This right ensures that every child has the inherent right to life and that the government, parents, and guardians are responsible for ensuring the child’s survival and development.
Right to a Name (Section 5): Every child has the right to a name and must be registered at birth.
Right to Freedom of Association and Peaceful Assembly (Section 6): Children have the right to associate with others freely and to assemble peacefully, subject to restrictions prescribed by law for public safety and order.
Right to Freedom of Thought, Conscience and Religion (Section 7): This right protects a child’s freedom to form and express their own beliefs and religious views, with appropriate guidance from parents or guardians.
Right to Private and Family Life (Section 8): Children have the right to privacy and family life, including their correspondence and communications protection.
Right to Freedom of Movement (Section 9): This right allows children to move freely within Nigeria, subject to parental control and restrictions necessary for their protection.
Right to Freedom from Discrimination (Section 10): No child should be discriminated against based on origin, sex, religion, or any other status.
Right to Dignity of the Child (Section 11): This protects children from physical, mental or emotional injury, abuse, neglect, or maltreatment, including sexual abuse.
Right to Leisure, Recreation and Cultural Activities (Section 12): Children have the right to rest, leisure, play, and participate in cultural and artistic activities appropriate to their age.
Right to Health and Health Services (Section 13): This ensures children’s access to the best attainable state of physical, mental and spiritual health.
Right to Parental Care, Protection and Maintenance (Section 14): Children have the right to parental care and protection, and to maintenance from their parents or guardians.
Right to Free, Compulsory and Universal Primary Education (Section 15): This guarantees free and compulsory basic education for all children.
Right of a Child in Need of Special Protection Measure (Section 16): This provides for special protection for children in difficult circumstances and children with disabilities.
Right of the Unborn Child to Protection Against Harm (Section 17): This protects the rights of unborn children against any actions that might prevent them from being born or affect their mental or physical well-being.
Contractual Rights of a Child (Section 18): This section outlines the conditions under which a child may enter into valid contracts.

Children`s Rights in the Digital Space

The digital age has profoundly impacted all individuals, including children. With access to mobile devices, interactive toys, personal assistants, and video games, children’s data is often collected, potentially infringing on their privacy. As children navigate the digital realm, they are entitled to specific rights:

Right to Privacy and Family Life: Section 8 of the Child Rights Act safeguards a child’s right to privacy, family life, home, and various forms of communication. This aligns with Section 37 of the 1999 Constitution. In the digital context, this right extends to online correspondence and communications, subject to reasonable parental or guardian supervision.
Protection Against Pornography: The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 shields children from online sexual exploitation. It criminalizes:
Proposing or grooming a child for sexual activities via digital platforms
Possessing, distributing, producing, or transmitting child pornography.
Any digital interaction aimed at involving a minor in pornographic activities violates the child’s rights and is punishable by law.

Offences Against Children Under the Child Rights Act 2003

Child Marriage: Section 21 of the Act explicitly prohibits child marriage. It states: “No person under the age of 18 years is capable of contracting a valid marriage, and accordingly, a marriage so contracted is null and void and of no effect whatsoever.”

Section 23 states that a person who marries a child, or to whom a child is betrothed, or who promotes the marriage of a child, or who betrothed a child, commits an offence. The punishment for this offence is a fine of ₦500,000 (Five Hundred Thousand Naira) or imprisonment for a term of five years or both.

Child Labor: Section 28 of the Act prohibits exploitative labour. It states that no child shall be subjected to any forced or exploitative labour, including employment to work in any capacity except where a family member employs him on light work of an agricultural, horticultural, or domestic character.
Section 28(3) states that any person who contravenes the provisions on child labour commits an offence.
The punishment is a fine not exceeding ₦50,000 (Fifty Thousand Naira) or imprisonment for a term of five years or both.
Depriving a Child of Education: The Act makes it an offence to deprive a child of education. This is covered under Section 15(6), which states that:
“Any parent, guardian or person who has the care and custody of a child and fails in the duty imposed on him under subsection (2) of this section commits an offence.”
The punishment for depriving a child of education is outlined in Section 15(6):
(a) on first conviction to be reprimanded and ordered to undertake community service;
(b) on second conviction to a fine of two thousand naira or imprisonment for a term not
exceeding one month or to both such fine and imprisonment; and
(c) on any subsequent conviction to a fine not exceeding five thousand naira or imprisonment for a term not exceeding two months or to both such fine and imprisonment.
Sexual Abuse: Section 31(2) states that a person who commits sexual abuse against a child is liable on conviction to life imprisonment.
Section 32(1) prohibits other forms of sexual abuse and exploitation, including inducing a child to engage in any sexual activity, using a child in prostitution or other sexual practices, and using a child in pornographic performances and materials.
As stipulated in Section 32(2), the punishment for these offences is 14 years imprisonment.
Importation of Harmful Publication: Section 36(1)(b) states: “A person who has in his possession for selling, or letting on hire any harmful publication, commits an offence and is liable on conviction to a fine of fifty thousand naira or imprisonment for a term of five years or to both such fine and imprisonment.”
Section 35(2) states: “A person who imports any harmful publication commits an offence and is liable on conviction to a fine of thirty thousand naira or imprisonment for a term of three years or to both such fine and imprisonment.”
Child Pornography and Prostitution: Section 32(1) states: “A person who sexually abuses or sexually exploits a child in any manner commits an offence.”
Section 32(2) states: “A person who commits an offence under subsection (1) of this section is liable on conviction to imprisonment for fourteen years.”
Exposure to Narcotic Drugs: Section 25(1) states: “No person shall expose or involve a child in the production or trafficking of narcotic drugs or psychotropic substances.”
Section 25(2) states: “A person who contravenes the provisions of subsection (1) of this section commits an offence and is liable on conviction to life imprisonment.”
Receiving Money for Fostering/Adoption: Section 125(1)(c) states: “A person who receives or agrees to receive money or reward as an inducement to foster a child commits an offence.”
Section 125(2) states: “A person who receives or agrees to receive money or reward as an inducement to foster a child commits an offence and is liable on conviction to a fine not exceeding thirty thousand Naira or imprisonment for a term not exceeding three years or to both such fine and imprisonment.
Child Begging and Hawking: Section 30(2)(a) prohibits the use of children in begging for alms, guiding beggars, prostitution, domestic or sexual labour or for any unlawful or immoral purpose.
Section 30(2)(b) prohibits using children as hawking or street trading subjects.
Section 30(3) outlines the punishment for these offences, it states: “A person who contravenes the provisions of subsection (1) of this section commits an offence and is liable on conviction to imprisonment for a term of ten years. “