Legal Rights of a Child
The major legislation that protects a child in Nigeria is the Child’s Right Act of 2003. This act was enacted by the National Assembly in 2003 to provide for and protect the right of every Nigerian child. It provides that the best interest of a child should be paramount in all actions that concern a child.
This Act was enacted to give full effect to the provisions of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of a Child. Part II and Part III of the Act deal with the Rights and Responsibilities of a Child, and the Protection of the Rights of a Child. Some of these rights will be discussed briefly below.
An unborn child may bring an action for damages against a person for harm or injury caused whether willfully or not to him or her either during or after birth. An unborn child can also inherit from the intestate estate of either of his or her parent after birth.[2]
Every child has the right to be given a name, either at the point of birth or any subsequent date as dictated by the culture of his parents or guardian. The birth of every child shall be registered in accordance with the provisions of the Birth, Death, etc. (Compulsory Registration) Act 1992..
Every child has the freedom of association, peaceful assembly, thought, conscience, and religion in conformity with the law and in accordance with the necessary guidance and directions of his parents or guardians. Parents and guardians shall have regard to the evolving capacities and the best interest of the child[3].
Every child has the right to freedom of movement however, this is subject to parental control which is not to be harmful to the child.[4]
Every child is entitled to rest and leisure and to engage in play, sports, and recreational activities appropriate to his age and health status. To participate fully in cultural and artistic activities of Nigerian, African, and World Communities.[5]
Every child is entitled to the best attainable state of physical, mental, and spiritual health and immunization for children under the age of 2. Also, every child is entitled to basic education explained in this Act to mean primary and junior secondary school.
Right to dignity and freedom from discrimination. This implies that every child is entitled to respect for the dignity of his person and not subject to any physical, mental, or emotional injury, abuse, neglect, or maltreatment including sexual harassment. No child shall be subject to torture, inhuman or degrading treatment. Also, no child shall be subject to any deprivation merely by reasons of the circumstance of his birth, place or origin, sex, or political opinion.
A child does not have the capacity to enter into a contract. Therefore, a child is not contractually liable for repayment of money borrowed or payment for goods bought except if the goods are necessities. Necessities in this instance can include food, clothing, etc. depending on the circumstances of the case. An action for the payment of such money cannot be brought against such child even after attainment of the age of majority even if such child had signed a contract for repayment.[6]
No person shall have sexual intercourse with a child or any other sexual-related offence. Any person who contravenes this provision has committed the offence of rape and is liable on conviction to imprisonment for life or 14 years imprisonment.[7]
No child under the age of 18 years can contract a valid marriage under the Marriage Act. Also, no parent, guardian, or any other person shall betroth a child to any person. A person who contravenes these provisions of the Act is upon conviction, liable to a fine of 500, 000.00 or imprisonment for the term of 5 years, or both. However, such a child can be validly married under the relevant Customary Law and Islamic Law.[8]
Every child has the responsibility to respect his or her parents, elders, and superiors at all times and assist them when in need. Work towards the cohesion of the family and community. This responsibility also extends to the Federal Republic of Nigeria and its components.
Also, no person shall employ, use, or involve any child in any activity involving or leading to the commission of an offence. Anybody who breaches this provision commits a criminal offence and is liable on conviction to a term of 14 years’ imprisonment.[9]