Adopting a Rights-Based Approach Towards the Legal Protection of the Nigerian Child
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Date
2016-07
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, Adekunle Ajasin University Akungba-Akoko, Ondo State
Abstract
Abstract
Despite Nigeria ratifying international instruments protecting children, the legal protection of children has not been effective in Nigeria. Issues on child abuse, domestic violence and sexual assault have still not been curtailed in Nigeria. Although the reasons for this may vary, this article addresses this discourse from a rights-based approach. Under a human rights-based approach, there are five basic principles otherwise known as the PANEL principles; under which the legal protection of the Nigerian child may be realized. These principles- Participation, accountability, non-discrimination, enforcement and legal redress serve as a framework to ensure the legal protection of the Nigerian child. The PANEL principles incorporate a human rights standard to realizing that the rights of children are protected. As such, this paper proposes that the Nigerian child participates actively in the issues that concern them as having access to information, identifying the authority that are in charge of their needs; not been discriminated against based on their background, their gender or their physical capabilities (such as persons with disabilities)’ being empowered with access to information on the laws that protect them and having access to information on the laws that protect them and having access to courts by themselves or their guardians to seek legal redress where their rights have been violated. As such in five structures it identifies who a child is in the Nigerian Society and identifies the laws and institutions put in place towards the legal protection of the Nigerian child. Against the backdrop of international human rights instrument, it suggests a rights-based approach towards an effective legal protection of the Nigerian child and give recommendations that may enhance the legal protection of the Nigerian child.
Description
Keywords
Human rights-based approach, Child rights, Nigerian child, legal protection
Citation
Akungba Law Journal