-

LEGAL RESTRICTION ON THE CHILD RIGHTS ACT’S ENFORCEMENT; MYTH OR REALITY?

Children from Africa are faced with a plethora of challenges; including but not limited to poverty, malnutrition, lack of access to basic healthcare, malnutrition, inter alia. In Nigeria, the Child Rights Act, 2003 (hereinafter referred to as the CRA) addresses these issues. Indeed, it contains laudable provisions which provides for and protects the Nigerian child, including adoption, fostering, maintenance and guardianship. Notwithstanding, there seems to be one snag with its implementation; only 28 states (as at June 2010) have enacted their respective Child Rights Laws. Despite persuasions and pressures from Non-Governmental Organizations, other states are yet to enact its provisions. This has led to the widespread view that the enforcement of the rights of a child will be impossible in those states that have not enacted provisions on the rights of the Nigerian child.


                On a critical inquiry, however, this view point is faulty and may not hold water. First, the National Assembly has a right to legislate on child right issues and when it has done so (as in the example of the CRA) such legislation will be binding on all states without the need for a re-enactment by states in the federation. The next question, then, is where does the National Assembly derive its powers? The issue of children is neither directly mentioned in the exclusive nor legislative lists, thus providing a fuel for the argument that states must enact their own child right laws. However, item 60 of the Exclusive Legislative List, provides that the National Assembly has powers to ensure:

“The establishment and regulation of authorities for the federation or any part thereof-
(    a)    To promote and enforce the observance of Fundamental Objectives and Directive Principles contained in this constitution.”

Meanwhile, Fundamental Objectives and Directive Principles vide section 14 (2) (b) provides that:
“the security and welfare of the people shall be the primary purpose of government” Not only that, section 17(3) (f) further provides that the state shall direct its policies towards ensuring that:
“children, young persons and the aged are protected against any exploitation, whatsoever and against moral and material neglect.”

It is arguable that in the face of the ouster clause in section 6 (6) (c), neither the national Assembly nor any citizen can enforce any of the provisions of the Fundamental Objectives. However, the justiceability of the Fundamental Objectives is not foreclosed since even section 6 (6) (c) provides a leeway by the use of the words “except as otherwise provided by this constitution.” This means that if the constitution provides otherwise in any other section which makes a section of the Fundamental Objectives and Directive Principles justiceable, it will be so interpreted by the courts. This is a commendable move to ensure that the democratic rights ensured in the constitution are not mere carrots dangled in the face of citizens which they cannot eat.



Clearly, if the National Assembly can legislate on the establishment and regulation of authorities for the enforcement of Directive Principles, (vide item 60 of the Exclusive Legislative List) and Fundamental Objectives include protecting children and young persons against exploitation, moral and material neglect, then the National assembly has indubitable competence to enact the CRA.
Having found that by virtue of item 60 (a) of the Exclusive Legislative List, the National Assembly is very much competent to enact the CRA, it is imperative to consider whether the Act is binding on all states which make up the federation. Item 60 provides that the National Assembly could legislate for the federation or any part thereof. The expression “or any part thereof” suggests that the National Assembly could validly legislate for the states in respect of Fundamental Objectives including the protection of children and young persons against exploitation, moral or material neglect. The legislation would be enforceable regardless of whether it has been re-enacted by states or not. 



It follows therefore that the efforts of individual states in re-enacting their Child Rights Laws are at best superfluous, and at worst, a wasteful exercise. This singular attitude probably accounts for the reason why the rights of the Nigerian child are still in abeyance in most parts of the federation as the stakeholders live under the impression that unless there is a Child Rights Law in a particular state, the rights of the Nigerian child cannot be enforced in that state. As explained above, this is not so.

Location: Ibadan, Nigeria

Comments

Post a Comment

Popular posts from this blog

TIPS ON CROSS-EXAMINATION

-
Image
Cross examination is a delicate act and art that requires mastery of the intricacies therein and understanding of the subtle nuances of human nature. The following tips are relevant.  The first rule of cross examination is not to examine crossly. Abuse is not an argument, no matter who gives it. It is dog's eloquence to  abuse and stoop low to injure another's personality. Get the defendant to commit to absolute statements; then confront him with the damaging letter or evidence. Proceed with as much easiness as if the value of a loss in cross examination were less than a kobo. Establish other possibilities that are open even when the evidence is or appears to be  substantially true. Cross examination can be directed to show that witness was occupied with circumstances surrounding the fact rather than the fact itself. This can be skewed to show that the witness was completely inattentive when the incident happened.
Read more

GOAL SETTING AND GO GETTING; THE EAGLE EXAMPLE (PART FOUR)

-
Image
 THE EAGLE'S NEST The eagles nest is a sight to behold; It weighs more than two tonnes and in fact, it can support two grown men. You do not find this kind of nest anywhere else. It is usually found in the most remote and unattainable spot the bird can find and then it will be perched very high in the mountains or on some sheer cliff or a very high tree. Due to the massive size of this nest and the fact that each and every stick and materials like timber from construction sites, discarded clothing, paper, fresh stick, grass and leaves  to prevent the nest from getting dirty  has to be carried to this remote building by the eagle, you will easily agree that the nest building will be a huge task for the eagle. The eagle, however, is not intimidated or overwhelmed by the sheer intensity of this task. It understands the power of goals and taking little steps  which add up in the long run  towards the achievement of these goals. As Robert Schuller said, “By the yard, it is hard but in
Read more

WHERE YOU ARE IS NOT WHO YOU ARE

-
Image
WHERE YOU ARE IS NOT WHO YOU ARE By ISHOLA EMMANUEL There is a very interesting experiment which I would like to share with you. The experiment is this: Try taking a container and put in it, carefully selected big stones. Make sure that the stones are big and put them at the bottom of the container. Now place on top of the container stones of smaller sizes. By now you would have a container with small stones on top and big stones underneath. The next thing is that you shake the container. What would you find? You would find that the smaller stones wuld find their way to the bottom while bigger stones will find their way to the top. The big stones signifies people who have built capacity in areas such as physically, mentally, spiritually, socially etc. but due to the vicissitudes of life find themselves down. Whenever you find yourself in this category, I am here to tell you that it is only a temporary phase. You will rise again. Whenever you find your self down
Read more