ABSTRACT
The study examined human right and child abuse in Nigeria. In Nigeria, diverse institutional mechanisms, laws, and tools exist that seek to protect the rights of citizens including the rights of children. Yet incidences of child violations still persist across states. The reason, as observed at the beginning of this study, is that some institutional mechanisms set aside to look into cases of child violations have not served effectively in curbing the menace of child abuse. For many of the human rights institutions, their roles include to assist victims of human rights violation and seek appropriate redress and remedies on their behalf. When this is not achieved, the purpose of the institution is defeated.
The study used qualitative method and content analysis.
The study revealed that; child abuse poses a serious developmental challenge not just for the child but the country; This abuse has caused children to develop withdrawal tendencies and attitudinal challenges that may be permanent or temporal thereby endangering the development of the child and society they find themselves; some important laws, legislations and laws have been introduced to protect the rights of the child; the roles of institutions such as the National Human Rights Commission and other allied institutions at the state level in Lagos state were examined.
The study concluded that the efforts of the Lagos state government towards addressing forms of violations against the child point to the fact that through concerted effort and sincere gesture, every child can be protected in the state. All that is required is the support to develop in an environment where children feel safe and secure. Inferences from Lagos state showed that in the real sense of it, there is nothing wrong with the provisions of the Child Right’s Act which made provision for protection of the rights of children in Nigeria.
The study recommended that; Different actors such as international agencies, governments at all levels, local NGOs, community groups, and volunteers have a vital role to play in providing various forms of assistance; governments both at the national and state levels should take seriously the issue of personnel development, training and funding of organizations in charge of child protection and justice system; Arousing the awareness of the community to the needs of the system is equally important, and the general public needs to be educated on the prevailing laws relating to children so that parents can adequately enforce the rights of their children; Domestication of the Child Rights Act in states where this Act is yet to be adopted should be seriously looked into; Everyone should be enlightened on the need to protect the rights of the child.
Chapter One
Introduction
1.1 Background to the study
Globally, the concept of Human rights are described as the “rights which all human beings have by virtue of their humanity, such as the right to life, dignity of human person, personal liberty, fair hearing and freedom of thought, conscience and religion. They provide a common standard of behavior among the international community” (Dada, 2013). They are classified as inviolable, unalterable and natural rights of every living human being. The violations of these rights are considered to be a major affront to one’s sense of justice.
Like every sane country in the world, the 1999 Constitution of the Federal Republic of Nigeria, provides some Fundamental Rights of the citizens. This includes the right to life (Section 33), right to dignity of human person (Section 34), right to personal liberty (Section 35), right to fair hearing (Section 36), right to private and family life (Section 37), right to freedom of thought, conscience and religion (Section 38), right to freedom of movement (Section 41), right to freedom from discrimination (Section 42), and the right to acquire and own property anywhere in Nigeria (Section 43) (FRN Constitution, 1999).
However, human rights in the real sense are more than a collection of formal norms. They are mostly moral, cultural and philosophical conditions that dignified the value of man in the society. In this sense, the Nigerian state and the records of human rights violations over the years are outrightly shameful. Same goes for the menace of child abuse in the Nigerian society.
Also, according to the Human Rights Report (2010), human rights abuse in Nigeria constitutes the violation of citizens’ right to change their government, arbitrary arrest and detention, extrajudicial killings, summary executions, torture, degrading treatment of prisoners, denial of fair public trial, restrictions on freedom of speech, press, assembly, religion, and movement; female genital mutilation (FGM) and child abuse (Ede and Kalu, 2018).
In the Nigerian context, the manifestations of child abuse appear in various forms, both in formal and informal sectors. The different forms of child abuse includes child labour, sex trade, early and forced marriages, female genital mutilation, street hawking, child beggars, child witches, bullying, child trafficking and corporal punishment, bus conducting, etc. (Sossou and Yogtiba, 2008). The part of these is that, these forms of abuses are often melted on children intentionally or unintentionally by their parents, guardians, care givers, employers, elders, religious leaders and other members of the society.
The National Human Rights Commission (NHRC) was established by the National Human Rights Commission Act, 1995 in line with the resolution of the United Nations which enjoins all member states to establish Human Rights Institutions for the promotion and protection of human rights. The commission serves as a mechanism to enhance the enjoyment of human rights. Its establishment aims at creating an enabling environment for extra-judicial recognition, promotion and enforcement of human rights, treaty obligations and providing a forum for public enlightenment and dialogue on human rights issues thereby limiting controversy and confrontation. For effective performance and result oriented approach to its work, the commission raised fifteen (15) thematic areas of focus which include women and other gender related matters, education, labour, health, and children, among others.
In light of this, the study will look at human right and child abuse in Nigeria and the role and activities of the National Human Rights Commission (NHRC) in curbing incidences of human right abuse and child violations from 2015 till date. For an effective analysis of cases child abuse and the role of the commission, the study will focus on Lagos state.
1.2 Statement of the problem
Several tools and institutional mechanisms, which seek to protect the rights of citizens in Nigeria including the rights of children, have long been established in the country, however, there seem to be a high rate of the scourge of abuse in Nigeria in recent times. UNICEF reports that violations in all its forms are a daily reality for many Nigerians, including children and only a fraction ever receives help. According to the report, six out of every 10 children experience some form of violence – one in four girls and 10 per cent of boys have been victims of sexual violence. Of the children who reported violence, fewer than five out of a 100 received any form of support while majority do not report at all (https://www.unicef.org/nigeria/child-protection).
In Lagos state, UNICEF reported a high incidence of violence against children especially during the lockdown as the stay-at-home order made it difficult for victims of violence to avoid their abusers. Movement restrictions, loss of income, isolation, overcrowding and high levels of stress all increase the likelihood of children experiencing and observing physical, psychological and sexual violence at home (UNICEF, 2020).
The implication of the rise in cases of child abuse is that some of these institutional mechanisms have not served as an effective tool in curbing the menace of child abuse, as originally intended. For many of the human rights institutions, their roles include to assist victims of human rights violation and seek appropriate redress and remedies on their behalf. When this is not achieved, the purpose of the institution is defeated. Hence, this study seeks to look at child abuse and other related human rights violation in Lagos state and the roles of the National Human Rights Commission.
1.3 Objectives of the study
The main objective of the study is to investigate incidences of child abuse in Nigeria and the roles of the National Human Rights Commission and other allied institutions using Lagos state as a case in point. However, the specific objectives are to:
- Determine the implications of human rights violations and child abuse.
- Ascertain the extent of human rights violations and child abuse in Lagos state.
- Examine whether the roles of the NHRC and other allied institutional mechanisms have helped in curbing incidences of human rights violations and child abuse in the state.
- Proffer recommendations to help curb human rights violations and child abuse in Nigeria.
- What are the implications of human rights violations and child abuse?
- What is the extent of human rights violations and child abuse in Lagos state?
- How has the National Human Rights Commission and other allied institutional mechanisms in Lagos state helped in curbing incidences of human rights violations and child abuse in the state?
- What are the suggestions curbing human rights violations and child abuse in Nigeria?
1.4 Research questions
1.5 Scope of the study
The study covers relevant areas as regard to human right violations and child abuse in Nigeria with specific emphasis on Lagos state. The study examines the role of the national human rights institutions and other allied institutional mechanisms at the state level in combating incidences of human rights violations and child abuse in the state for the period covering 2015 to date. The justification for this timeline is the rising incidences of human right abuses and child violations in recent times and how much have been achieved by the current administrations during this period.
1.6 Significance of the study
The significance of this study cannot be overemphasized. The study will be of immense benefits to NGOs, human rights activists, governments at all levels in Nigeria and scholars.
The study will create a deep awareness about the scourge of child abuse and human right violation in the country. The study will also highlight the strides taken to curb this menace by the government and NGOs and proffer solutions to the lingering problems associated with this issue.
Also, the study will be of immense benefits to researchers who might want to use the study as a reference point in similar studies.
1.7 Methodology
Methodology is part of the research that shows the ways and approaches of collecting the data (Oliver, 2004). The study will adopt a qualitative method of data collection. The reason for choosing the qualitative analysis strategy is the exploratory and the qualitative nature of study. The reason for choosing the qualitative analysis strategy is the exploratory and the qualitative nature of study. According to Robson (1993), flexibility is always the main strength of the case study strategy in terms of interpretation and getting access to the specified places. The research is a based on secondary data. We used document analysis/content analysis as main method of data collection. Document analysis/content analysis also called “textual analysis” (Travers, 2001) in the study will include all kinds of academic articles, textual and multi-media products, ranging from television programmes to web sites on the internet.
1.8 Operational definition of terms
Child: A child refers to a minor, otherwise known as a person younger than the age of majority.
Violation: As used in this study, violation refers to an infringement or an action that breaks or acts against something, especially a law or principle.
Child abuse: This is any form of maltreatment by an adult, which is violent or threatening for the child. This includes neglect. When child abuse occurs in the home and the abuser is, for example, the child's parent or care-giver, this is a form of domestic violence.
Human rights: These are moral principles or norms that describe certain standards of human behavior and are regularly protected in municipal and international law.
Human right violations: this simply refers to the violation of the rights of any person or whatever threatens any person or group of people from enjoying their basic fundamental rights.
NHRC: It is the acronym for the National Human Rights Commission, an institution that serves as an extra-judicial mechanism for the respect and enjoyment of human rights in Nigeria.
