EXAMINING THE LEGAL BASIS FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF THE CHILD IN NIGERIA

Abstract

The importance of the rights of the child in any civilized society can never be over emphasized as they are the future and foundation pillars of any given society. Due to their vulnerability their lives is always subject to abuse. It is with this little background in mind that this paper goes beyond the border of Nigeria with a view to finding a wider approach in the promotion and protection of the Rights of the Nigerian Child. In the process, the paper using doctrinal method of research traced the concept of the child from both Common law perspective, Islamic law tradition, and statutory definition as well as from African tradition. The paper further examined various human rights instruments involving the rights of the child at both international, regional and domestic level as well as the rights of the child under Islamic Law. At the end of the study, the paper found that the concept of the rights of the child as it currently exists is a product of various struggles from ancient down to our present level. It was further found that definition of child under Islamic law which is dependant of physical development of the child is by far more appropriate to Nigerian child situation then common law which is age based approach. The paper suggests that for a Nigerian child to be better protected, each state should be allowed to enact their respective child rights law which is in tandem with their local customs and peculiarities. That there should be wide range campaign by stakeholders in the matters of children in Nigeria with a view to educating parents on the obligations their children have over them so as to guard against abuse.