The health rights of al-Majirai children under the Nigerian Law: problems and the need for a new discourse

Abstract

Background: al-Majirai (singular, al-Majiri) pupils are one of the most vulnerable child in northern part of the country. Beside socio-cultural challenges that have always been their lots, the al-Magirai, as children, were not on many occasions given recognition as a human being that deserve to have right to standard health care. On many occasions, they were caught in the midst of ravaging epidemics, outbreak of banditry and politico-economic and social downturn. To avoid taking responsibility, and in trying to downplay the consequence of this neglect, many parents try to shift blames of the neglect to the society or the government as if they were the author of the rot. This paper discusses the health rights of al-Majirai children under the Nigerian law and some problems associated with this development that hampered the realization of the health rights al-Majirai children .

Methods: The research methods in this paper are of combined nature. On the one hand is the use of doctrinaire method, which involves exploring available literatures, relevant statutes, and court cases on the topic. On the other hand, the paper uses the findings as provided in the secondary empirical data from other previous studies to analyse the topic.

Results: The research shows that there were enough provisions for the health rights of al- Majirai children under the Nigerian law. Such provisions are found in the Child Right Act (CRA), the African Charter on the Rights and Welfare of the Child [ACRWC]) and the Convention on the Rights of the Child [CRC]) etc., at the national, regional and international level accordingly. It also identified weak family system, ineffective public policy and maladministration at all level of government as some of the problems hampering the realisation of the health rights of the al-Majirai children. In order to overcome this problems, the paper advocates that parents of the al-Majirai children need to be more responsible by providing healthcare to their wards , and the Muslim Ummah and the government, on their part, to discharge their social responsibilities as required.

Conclusion: The health rights of the al-Majirai children are among the fundamental rights of every human being. These rights are available for every child under the Nigerian law irrespective of its tribe, colour etc. By charting a new discourse where the health rights of the al-Majirai’ children are protected by the families , the Muslim Ummah and the government, the rights would be protected.

Key words: al-Majirai, health, rights, vulnerable, children