Wednesday 19 February 2014

CHILD LABOUR IN NIGERIA: THE IMPLICATIONS FOR HUMAN RIGHTS LAW

 CHAPTER ONE
INTRODUCTION
       The rights of the child had long been recognized since 1924 with the general declaration on the rights of the child. In 1959, a further attempt was made at codifying the rights of the child. Other attempts made at he international level include the inclusion in Art- 23-24 of the International covenant on Civil and Political Rights 1966 and Article 10 of the International covenant on economic, social and cultural rights 1966 rights aimed at protecting the child.
       It was however, until 1989 that the United Nations General Assembly has able to adopt a most acceptable instrument for the protection of the child.
       This instrument is the United Nations convention on the Rights of the child 1989 but adopted in 1990 by the Heads of States and governments at the United Nations (UN) world summit for children held in that year.
       This move by the United Nations triggered off a lot of reactions from most regions of the world including Africa. The Organization of African Unity (OAU) now African Union (AU) in line with convention adopted the OAU charter on the rights and welfare of the child 1990.
       Like most countries in Africa, Nigeria signed on and ratified both the convention and the charter thus making it obligatory for it to take appropriate legislative, administrative as well as other measures aimed at implementing the rights recognized therein.[1]
       Further, domesticating these rights in accordance with section 12(1) of the constitution  provides that: No treaty the federal and any other country shall have the force of law except to the extent to which such treaty has been enacted into law by the National Assembly. The National Assembly in Nigeria in 2003 enacted the Child Rights Act, 2003, thus making offences hitherto in the convention and charter enforceable in Nigeria.
       However, notwithstanding the steps tales, the concerns for the recognition and protection of the rights of the child in Nigeria continued to be in the gout bummer largely because of the increased cases of child abuse and child labour.
       These concerns increased when we considers the statistics made available by UNICEF. According to UNICEF, approximately 126 million children aged 5-17 are believed to be engaged in hazardous work, excluding child domestic labour and more than 1 million children worldwide are detained by law enforcement officials. It is estimated that more than 130 million women and girls alive today have undergone some form of female genital mutilation/cutting.



       The convention and the charter and indeed the child’s rights Act gives the child some rights which includes:
·        Right to Survival: right to life
·        Development Right: Example rights to education, play and recreation
·        Protection Right: Example rights against abuse, neglect and exploration.             
·        Participation Rights: example the right to participate in decisions that affect them.
Therefore, it is the rights of children to be protected from such abuses or violations that will deprive them of these rights or with impurity curtail all the rights.
The problem however, is that despite the statutory provisions of the Child Rights Act protecting the child, parents or people still employ means that violates the rights of the child. One can say that this is due to the fact that governments/parents are unwilling to effectively pursue enforcement of child right abuses. Unsavory pictures and tales of street children, child labour, sexual abuses, discrimination, child trafficking, child abandonment sometimes on excuses as witchcraft, rape and defilement etc abound despite the prohibition of same by law.
In identifying the problems associated with these acts, such problems could include:
Firstly, problem of implementation of existing laws by security agencies, parents and other organizations.  
Secondly, lack of awareness as to the rights of the child and the implications of the violation of these rights under the human rights law.
Thirdly, another problem is the refusal of some ethnic groups to accept the rights as enshrined in statistics to be generally applicable, hence the continued practice of harmful traditional practices and customs that are harmful and discriminatory to the child.





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