Rights of Children in Nigeria: A Constitutional Overview

Rights of Children in Nigeria: A Constitutional Overview

The future of any nation is intrinsically linked to the well-being and development of its children. In Nigeria, a nation with a vast and youthful population, the protection and promotion of children’s rights are not merely moral imperatives but fundamental legal obligations enshrined within its highest law – the Constitution. Understanding the constitutional framework safeguarding Nigerian children is crucial for parents, educators, legal practitioners, policymakers, and indeed, every citizen committed to building a just and equitable society.

This comprehensive blog post delves into the constitutional provisions that underpin child rights in Nigeria, examining their scope, limitations, and the challenges in their implementation, while also highlighting the interplay with international conventions and domestic legislation. Nigeria’s journey towards codifying children’s rights has been a progressive one, albeit with persistent hurdles. From the foundational principles of dignity and equality to specific protections against exploitation and abuse, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), lays the groundwork.

However, the constitutional provisions are often broad, necessitating supplementary legislation and judicial interpretation to give them full effect. This blog post aims to provide a meticulous overview, dissecting the relevant sections of the Constitution and exploring how they translate into tangible protections for Nigerian children. We will also critically assess the gaps that exist and the ongoing efforts to ensure that every child in Nigeria can truly enjoy the rights afforded to them by law.

The concept of childhood itself has evolved globally, moving from a view where children were often seen as mere property or miniature adults, to recognizing them as independent holders of rights, deserving of special care and protection. Nigeria’s legal system has, to varying degrees, embraced this evolution, primarily influenced by international human rights instruments. While the Nigerian Constitution does not have a dedicated chapter solely on children’s rights, these rights are interwoven within various chapters, particularly those dealing with fundamental human rights and the fundamental objectives and directive principles of state policy.

This diffused approach necessitates a careful and comprehensive analysis to unearth the full spectrum of constitutional protections available to children. We will embark on this constitutional journey by first establishing the general human rights framework within the Nigerian Constitution and then specifically identifying how these apply to children. Subsequent sections will delve into specific rights, such as the right to life, dignity, education, health, and protection from various forms of harm, exploring the nuances of their application to minors.

Furthermore, we will examine the role of the state, parents, and guardians in upholding these rights, and the mechanisms available for redress when these rights are violated. The objective is to provide a holistic and in-depth understanding, ensuring no critical aspect of children’s constitutional rights in Nigeria is overlooked.

The Constitutional Foundation: Chapter IV – Fundamental Rights

Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, titled “Fundamental Rights,” forms the bedrock of individual liberties and protections for all Nigerian citizens, including children. While these rights are generally applicable, their interpretation and application often take on specific nuances when concerning minors, given their inherent vulnerability and developmental needs.

Right to Life (Section 33)

The right to life is the most fundamental of all rights, without which no other right can be enjoyed. Section 33(1) of the Constitution states: “Every person shall have a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.” For children, this right extends beyond mere existence. It implies a right to conditions that support life, including adequate nutrition, healthcare, and protection from violence and preventable diseases.

The state has an obligation to protect child life, particularly from infanticide, child abandonment, and circumstances that threaten their survival. While the direct application of this section might seem straightforward, its implications for child mortality rates, access to basic healthcare, and safety from armed conflict or domestic violence are profound and present significant challenges for the Nigerian state.

Right to Dignity of Human Person (Section 34)

Section 34 guarantees every person’s right to the dignity of their human person, prohibiting torture, inhuman or degrading treatment, and slavery or servitude. For children, this is a crucial provision that safeguards them from various forms of abuse and exploitation. It means that children should not be subjected to physical, mental, or emotional injury, abuse, neglect, or maltreatment, including sexual abuse.

The Child Rights Act (CRA) 2003, which domesticates the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), further elaborates on this, criminalizing practices like child marriage, child betrothal, female genital mutilation, and tattooing or marking a child without consent. The constitutional right to dignity also extends to protecting children from forced labor, child trafficking, and any form of servitude, ensuring they are not treated as commodities or subjected to conditions that debase their humanity.

Right to Personal Liberty (Section 35)

This section protects individuals from arbitrary arrest and detention. For children, the right to personal liberty is particularly important in the context of juvenile justice. It emphasizes that a child’s detention should only be a measure of last resort and for the shortest appropriate period. When a child is arrested or detained, they have the right to be informed of the reasons for their arrest, to be brought promptly before a court, and to have access to legal representation.

The CRA 2003 builds upon this by establishing family courts and special procedures for child justice administration, aiming to ensure that children in conflict with the law are treated in a manner consistent with their age and developmental needs, prioritizing rehabilitation over punitive measures.

Right to Fair Hearing (Section 36)

Section 36 ensures the right to a fair hearing in legal proceedings. For children, this means that in any judicial or administrative process affecting them, their views should be heard and given due consideration, taking into account their age and maturity. This principle, often referred to as the “voice of the child,” is a cornerstone of child-friendly justice systems. Whether in custody disputes, child protection cases, or juvenile delinquency matters, the child’s best interest should be the paramount consideration, and their participation, in a manner appropriate for their age, is essential for a truly fair process.

Right to Private and Family Life (Section 37)

This section protects the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications. For children, this right reinforces the importance of family unity and the right to grow up in a family environment. It implies that children should not be arbitrarily separated from their parents, and conversely, parents have a right to raise their children without undue state interference.

However, this right is not absolute, and the state can intervene if the child’s well-being or safety is at risk within the family environment, as seen in cases of abuse or neglect. The CRA further supports this by outlining circumstances for alternative care, such as foster care or institutional care, when parental care is unavailable or detrimental to the child.

Right to Freedom of Thought, Conscience and Religion (Section 38)

This right ensures that every person is free to hold their own beliefs and to manifest them. For children, this right is usually exercised through the guidance of their parents or guardians, who have the responsibility to provide moral and religious upbringing. However, as children mature, their evolving capacities should be respected, and they should be given increasing autonomy in matters of faith and conscience. The state has a role in ensuring that no child is discriminated against or harmed on the basis of their religious beliefs or those of their parents.

Right to Freedom of Expression and the Press (Section 39)

While traditionally associated with adults, the right to freedom of expression also applies to children. It means children have the right to express their views freely on all matters affecting them, and these views should be given due weight in accordance with their age and maturity. This can manifest in various ways, from participating in decisions at home and school to having access to information and media that is appropriate for their age. However, this right is subject to limitations, particularly to protect the child from harm or to respect the rights and reputations of others.

Right to Freedom from Discrimination (Section 42)

Section 42 prohibits discrimination on grounds of ethnic group, place of origin, sex, religion, or political opinion. For children, this is particularly vital given the various forms of discrimination they can face, including discrimination based on gender (e.g., preference for male children, female genital mutilation), circumstances of birth (e.g., children born out of wedlock, children with disabilities), or socioeconomic status. The CRA explicitly reinforces the prohibition of discrimination against children on any of these grounds, aiming to ensure that every child has equal opportunities and access to rights, regardless of their background.

Chapter II: Fundamental Objectives and Directive Principles of State Policy

Chapter II of the Nigerian Constitution, though generally non-justiciable (meaning they cannot be directly enforced in court), provides the philosophical and policy framework that should guide the actions of the Nigerian state. These principles are crucial for understanding the aspirations of the government regarding its citizens, including children, and often serve as the foundation for subsequent legislation and policies.

Educational Objectives (Section 18)

Section 18 of the Constitution outlines the state’s educational objectives, stating that the government shall direct its policy towards ensuring equal and adequate educational opportunities at all levels. It specifically mandates the government to strive to eradicate illiteracy and, “as and when practicable,” provide free, compulsory, and universal primary education; free secondary education; free university education; and free adult literacy.

While the “as and when practicable” clause has been a point of contention regarding the justiciability of the right to education, the enactment of the Universal Basic Education (UBE) Act in 2004 has given statutory force to free and compulsory basic education (primary and junior secondary). This act, in conjunction with the CRA, reinforces the constitutional aspiration by making basic education a legally enforceable right for every child in Nigeria. The constitutional directive underscores the state’s commitment, even if aspirational, to ensuring that all children have access to quality education, which is fundamental for their development and future opportunities.

Social Objectives (Section 17)

Section 17 outlines the social objectives of the state, emphasizing that the state’s social order is founded on ideals of freedom, equality, and justice. It mandates that the state shall direct its policy towards ensuring that “the dignity of the human person is guaranteed and maintained.” This broad principle underpins many of the specific rights discussed in Chapter IV and has profound implications for children. It implies that the state should create an environment where children can grow up with dignity, free from want, exploitation, and abuse. This includes provisions for adequate food, shelter, and medical care, as well as protection against all forms of social injustice.

Economic Objectives (Section 16)

Section 16 sets out the economic objectives of the state, aiming to harness the resources of the nation to promote national prosperity and a planned and balanced economic development. For children, this implies that the state should strive to create an economic environment that supports families, reduces poverty, and ensures access to basic necessities for all children. It also has implications for policies aimed at preventing child labor and ensuring that economic development benefits all segments of society, particularly the most vulnerable, which often include children from disadvantaged backgrounds.

Interplay with the Child Rights Act (CRA) 2003

While the 1999 Constitution lays the foundational principles, the Child Rights Act (CRA) 2003 is the primary national legislation that specifically codifies and elaborates on the rights of children in Nigeria. The CRA was enacted to domesticate the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), both of which Nigeria has ratified.

The CRA defines a child as any person under the age of 18 years and explicitly states that the best interest of the child shall be the primary consideration in all actions concerning children. It expands upon the constitutional provisions by providing detailed legal frameworks for:

• Survival and Development: Reinforces the right to life, name, nationality, and birth registration.
• Protection from Harmful Practices: Prohibits child marriage, child betrothal, female genital mutilation, and child trafficking, providing specific penalties for offenders.
• Protection from Exploitation: Outlaws child labor, sexual exploitation, and involvement of children in armed conflict or criminal activities.
• Education: Mandates free, compulsory, and universal basic education for all children.
• Health: Guarantees every child’s right to the best attainable state of physical and mental health, including immunization.
• Parental Care and Alternative Care: Emphasizes the right to parental care and provides for alternative care arrangements (foster care, adoption) when necessary.
• Child Justice Administration: Establishes Family Courts, outlines procedures for children in conflict with the law, and emphasizes rehabilitation and the child’s best interest.
• Responsibilities of Children: While primarily focusing on rights, the CRA also includes sections on the responsibilities of children to their parents, community, and the nation.

A significant challenge with the CRA is its adoption and implementation across all states. As of mid-2025, not all states in Nigeria have domesticated the Act, creating a legal disparity in the protection of children’s rights across the federation. Where the CRA has not been adopted, children’s rights are still largely governed by the more general provisions of the Constitution, along with other pre-existing laws such as the Penal Code and Criminal Code, which may offer less comprehensive protections.

International Instruments and Their Influence

Nigeria’s commitment to children’s rights extends beyond its domestic laws to its ratification of key international and regional human rights instruments. These include:

• United Nations Convention on the Rights of the Child (CRC) (Ratified 1991): The CRC is the most widely ratified human rights treaty, outlining a comprehensive set of civil, political, economic, social, and cultural rights for children. Its four core principles – non-discrimination, the best interests of the child, the right to life, survival and development, and the right to be heard – heavily influence the CRA and the interpretation of constitutional rights.
• African Charter on the Rights and Welfare of the Child (ACRWC) (Ratified 2000): This regional instrument complements the CRC, taking into account the specific socio-cultural context of Africa. It includes provisions on child marriage, child labor, and the responsibilities of children, among others.

While ratification of these treaties signals Nigeria’s commitment, their direct applicability in Nigerian courts often depends on domestication (incorporation into national law). The CRA is a direct result of this domestication process, translating the principles of the CRC and ACRWC into enforceable Nigerian law. In instances where the CRA has not been adopted by a state, the principles enshrined in the Constitution may be interpreted in light of these international obligations, though their direct enforceability can be complex.

Challenges in Realizing Constitutional Child Rights

Despite the constitutional and statutory frameworks, the full realization of children’s rights in Nigeria faces numerous challenges:

1. Non-Justiciability of Chapter II Provisions: The non-justiciable nature of Chapter II of the Constitution, which contains many of the socio-economic rights relevant to children (like the right to education and health), means that citizens cannot directly sue the government for failing to provide these services. While the UBE Act makes basic education justiciable, many other crucial aspects of child welfare remain aspirational.
2. Incomplete Domestication of the CRA: The fact that not all states have adopted the Child Rights Act creates a fragmented legal landscape. Children in states without the CRA may not benefit from the comprehensive protections it offers, leading to disparities in legal safeguards and access to justice.
3. Socio-Cultural Norms and Harmful Traditional Practices: Deep-seated cultural and religious norms, particularly in some parts of the country, continue to undermine children’s rights. Practices like child marriage, female genital mutilation, and the branding of children as witches or wizards persist, often in direct contravention of constitutional and statutory provisions.
4. Poverty and Economic Disparity: Widespread poverty significantly impacts children’s rights. Children from impoverished backgrounds are more vulnerable to child labor, trafficking, and deprivation of essential services like education and healthcare. Economic hardship can force families to make difficult choices that compromise their children’s well-being.
5. Insecurity and Armed Conflict: Insurgencies and banditry, particularly in the North-East and other regions, have devastating effects on children. They are at risk of displacement, abduction, recruitment by armed groups, and disruption of their education and access to healthcare. The constitutional right to life and dignity is severely tested in such environments.
6. Weak Enforcement Mechanisms and Corruption: Despite the existence of laws and institutions, enforcement remains a significant challenge. Lack of adequate resources for child protection agencies, corruption within the justice system, and a general lack of awareness about children’s rights can hinder effective prosecution of offenders and provision of remedies for victims.
7. Inadequate Funding for Child-Focused Programs: Government budgets often do not adequately prioritize sectors like education, health, and child protection, leading to under-resourced programs and facilities that fail to meet the needs of a growing child population.
8. Birth Registration Issues: The lack of universal birth registration means that many children lack a formal identity, making it difficult to track their existence, ensure their access to rights, and protect them from exploitation. This fundamental right, while recognized, is not fully realized.

Judicial Interpretation and Activism

Nigerian courts play a crucial role in interpreting constitutional provisions and their application to children. While Chapter II provisions are non-justiciable, courts have, in some instances, taken a progressive stance, drawing on international human rights instruments to interpret the scope of fundamental rights in Chapter IV more broadly, especially when children are involved. Legal activism and public interest litigation have also contributed to advancing children’s rights by challenging government inaction or advocating for stricter enforcement of existing laws. However, a consistent and robust jurisprudence on children’s rights, particularly one that transcends the limitations of non-justiciability, is still developing.

The Role of Stakeholders

The protection of children’s rights is a shared responsibility involving various stakeholders:

• The Government: Federal and state governments have the primary responsibility to legislate, formulate policies, allocate resources, and implement programs that uphold children’s rights. This includes strengthening child protection systems, ensuring access to quality education and healthcare, and establishing effective justice mechanisms.
• Parents and Guardians: Parents are the primary caregivers and have the fundamental responsibility to provide for their children’s upbringing, education, health, and overall well-being.
• Civil Society Organizations (CSOs): CSOs play a vital role in advocating for children’s rights, monitoring government compliance, providing direct services to vulnerable children, and raising public awareness.
• Traditional and Religious Leaders: These leaders have significant influence within communities and can be instrumental in advocating against harmful traditional practices and promoting positive norms that support children’s rights.
• The Media: The media has a crucial role in reporting on children’s rights issues, exposing violations, and educating the public.

Conclusion

The rights of children in Nigeria are firmly rooted in the Constitution of the Federal Republic of Nigeria, 1999 (as amended), primarily within Chapter IV on Fundamental Rights and Chapter II on Fundamental Objectives and Directive Principles of State Policy. These constitutional safeguards are significantly bolstered by the Child Rights Act 2003, which translates international conventions into domestic law, providing a more detailed and enforceable framework for child protection and development.

However, the journey towards fully realizing these rights is ongoing. Challenges such as incomplete state adoption of the CRA, pervasive poverty, harmful socio-cultural practices, insecurity, and issues with enforcement mechanisms continue to impede progress. Addressing these “blind spots” requires a multi-faceted approach: sustained political will, increased resource allocation, continuous public awareness campaigns, strengthening of legal and judicial institutions, and active participation from all sectors of society.

Ultimately, the constitutional provisions for children’s rights are not mere legal pronouncements; they are a blueprint for a society that values its youngest citizens as its most precious asset. Ensuring that every Nigerian child can enjoy their inherent rights to life, dignity, education, health, and protection is not just a legal obligation but a moral imperative and an investment in the nation’s sustainable future. By understanding, advocating for, and upholding these constitutional rights, Nigeria can move closer to creating a truly child-friendly society where every child has the opportunity to thrive and reach their full potential.