In Search of Protection for Child's Right: A Diagnostic Appraisal of Child Brides in Africa

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Date

2012

Authors

Adimula, R. A.
Akintoye, D. O.

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Publisher

Faculty of Law, Kogi State University, Anyigba

Abstract

INTRODUCTION Right is a universal phenomenon, and the emergence of human rights law In international sphere is one of the most significant developments that have taken place since the end of the Second World War. Amongst the world recognized rights are right to self determination, peace, general satisfactory of environment favourable to peoples development, and people's right to full sovereign over their natural resources; economic, social association. Others are minority rights and child's rights. In Africa, it is common to see many communities engaged in giving out their female children out in marriage without the brides consent. This practice is rife and forceful in nature. In this case, it is the parents that give consent and arrange the marriage rites and ceremonies. One important element in marriage, that is, "consent of the parties" is absent; this makes the marriage a "forced marriage". The parents or third parties give consent on behalf of, especially the child bride. Indeed, child bride is a form of forced marriage without respecting the right and dignity of the child. This paper therefore aims at analyzing the reasons for the child's brutality via undignified marriage, the paper further examines the consequence of a child marriage and child's right to either agree or disagree to marriage. Conclusion Is drawn on the legal effect of child marriage and solution proffer to the menace of child marriage.

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Keywords

Child's Right, Child bride, Forced Marriage, Appraisal, Child protection, Africa

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