AN EVALUATION OF THE IMPACT OF THE CHILD RIGHTS ACT INREGULATING AND PROTECTING THE RIGHTS OF THE NIGERIANCHILD

Abstract

This article critically evaluates the Child Rights Act 2003 (CRA) as Nigeria’s principal framework for child protection. Using a doctrinal legal methodology, it analyses statutory provisions, case law, and international conventions, alongside secondary sources. The study highlights core rights under the CRA and assesses gaps in implementation, noting challenges such as incomplete domestication, weak institutions, socio-cultural resistance, poverty, and limited political will. It concludes that while the CRA aligns Nigeria with international standards, its effectiveness depends on harmonisation, institutional reform, poverty reduction, community sensitisation, and sustained political commitment.

Keywords: Child Rights Act, Nigeria, Child Protection, Juvenile Justice, Human Rights

1. Introduction

Every human being is entitled to fundamental rights by virtue of their humanity. These include the right to life, dignity, freedom of thought and conscience, and protection from discrimination. While some rights accrue only upon attaining a prescribed age, such as voting or holding public office, children are nonetheless entitled to a wide spectrum of protections. Owing to their vulnerability, children require special safeguards to guarantee survival, development, and dignity.

It has been nearly two decades since Nigeria enacted the Child Rights Act 2003 (CRA), its most comprehensive child protection law. The Act domesticated the United Nations Convention on the Rights of the Child 1989 (CRC) and the African Charter on the Rights and Welfare of the Child 1990 (ACRWC), consolidating fragmented legal provisions into a coherent framework.¹ It was hailed as a milestone, yet Nigeria still grapples with child labour, trafficking, early marriage, female genital mutilation (FGM), and widespread denial of education. UNICEF reports that Nigeria has the highest number of out-of-school children globally, and one in four girls suffers sexual violence before 18.²

This paradox raises questions about the CRA’s effectiveness. Has it transformed child protection or remained a symbolic law? This article evaluates the CRA by examining its legal framework, judicial interpretation, critical analysis of implementation, and recent developments. It also identifies challenges and proposes recommendations.

2. Background to the Child Rights Act

Nigeria ratified the CRC in 1991 and the ACRWC in 2001.³ Yet, under Nigerian law, treaties require legislative domestication to have binding effect. Initial attempts to pass a children’s rights bill in 1993 failed due to opposition from religious and cultural groups. The bill was reintroduced in 2002 but again faced resistance, particularly from Islamic organisations concerned about provisions on child marriage and adoption.⁴ Persistent advocacy by civil society and international bodies, however, resulted in the National Assembly passing the CRA in 2003, signed into law by President Obasanjo.⁵

The CRA spans 278 sections in 24 parts, addressing survival, development, protection, and participation rights. Its guiding principle is the “best interests of the child” (s 1), echoing Article 3 of the CRC. It also established institutions like Family Courts and mandated special child-protection police units.

However, due to Nigeria’s federal structure, children’s welfare lies within the residual legislative list. Thus, state assemblies must domesticate the CRA individually. By 2016, only 24 of 36 states had done so, leaving children in 12 states under outdated laws such as the Children and Young Persons Act 1933 (CYPA).⁶

The CRA aligns Nigeria with international norms. UNICEF emphasises the four pillars of child rights—survival, development, protection, and participation—as essential to legislation and policy.⁷ The CRA reflects both a domestic consolidation and fulfilment of international obligations.

3. Research Methodology

This article adopts a doctrinal legal research methodology as its primary approach. The doctrinal method involves systematic analysis of legal texts — principally statutes (notably the Child Rights Act 2003 and related Nigerian legislation), judicial decisions, and international instruments (including the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC)). The aim is to clarify legal rules, trace statutory harmonies and conflicts, and evaluate how the law is applied and interpreted.

This doctrinal analysis is supplemented by a comparative and evaluative element: where relevant, Nigeria’s statutory and judicial positions are compared with international standards and with best-practice norms (for example, the Beijing Rules and ILO standards) to assess compliance and gaps. The study also uses qualitative content analysis of secondary sources — peer-reviewed articles, legal commentaries, government and agency reports (for example UNICEF, UNFPA, ILO, NHRC), and reputable NGO publications — to situate legal findings within social, economic and institutional realities.

Scope and sources. Materials reviewed include primary legislation, reported and unreported case law, international treaties and guidelines, and secondary literature and reports up to 22 September 2025. Selection emphasised authoritative and recent sources that directly illuminate the CRA’s content, implementation, and impact in Nigeria.

Inclusion/exclusion criteria. Priority was given to primary legal materials and high-quality secondary sources addressing the CRA and child protection in Nigeria. Non-country-specific commentary was used only where it illuminated international standards or comparative practice.

Limitations. This study does not include original fieldwork or primary quantitative data collection. It therefore relies on existing empirical reports and published statistics; where those sources present differing figures, the article notes such variation. While doctrinal and documentary methods are well-suited to legal evaluation and policy recommendations, their limitations on causal inference are acknowledged.

Validity and ethics. To strengthen validity, findings were triangulated across statutes, case law, and multiple secondary sources. Ethical care was taken in treating sensitive subject matter: no identifying information about individual children was used; reliance is on aggregated data and published case law.

4. Main Body
   • Legal Framework

The CRA defines a child as anyone under 18,⁸ eliminating inconsistencies in prior statutes: the Criminal Code (under 7), Penal Code (partial at 12), and CYPA (under 14).⁹ Section 1 enshrines the best interests principle, requiring courts, parents, and authorities to prioritise children’s welfare.

Key rights include:

• Right to Life, Survival, and Development (s 4) – obliges the state to ensure nutrition, healthcare, and safe living conditions. Yet, Nigeria has one of the highest under-five mortality rates, largely from preventable diseases.¹⁰
• Right to Identity and Birth Registration (s 5) – essential for access to education and healthcare, but millions remain unregistered.¹¹
• Right to Education (s 15) – reinforced by the Universal Basic Education Act 2004, but over 10 million children remain out of school, particularly girls in the North.¹²
• Right to Dignity and Protection from Harmful Practices (ss 11, 21–24, 32) – prohibits torture, child marriage, FGM, tattooing, and sexual exploitation. Yet, one in four girls experiences sexual violence before 18.¹³
• Right to Health (s 13) – entitles children to healthcare and immunisation, though underfunded systems leave millions without access.¹⁴
• Right to Protection from Exploitation (s 28) – bans exploitative labour, though millions still hawk, mine, or serve as domestic workers.¹⁵

By consolidating protections, the CRA harmonises Nigerian law with the CRC and ACRWC. Yet enforcement remains uneven.

• Judicial Interpretation

Courts play a critical role in applying the CRA. In Modupe v State,¹⁶ the issue of juvenile offenders highlighted the importance of protecting minors from adult criminal standards. Similarly, in Garuba v Attorney General of Lagos State,¹⁷ the court examined state obligations to child welfare.

Judicial interpretation has also exposed conflicts between statutes. The Labour Act permits “light work” for children within family enterprises, clashing with the CRA’s ban on exploitative labour. The Marriage Act allows marriage under 21 with parental consent, undermining the CRA’s prohibition of child marriage. The Penal Code’s tolerance for early marriage further contradicts CRA standards.

These conflicts limit judicial effectiveness, particularly in states yet to domesticate the Act. Courts often lack resources, and Family Courts exist only in few states. Without harmonisation, children’s protection remains inconsistent.

3.3 Critical Analysis

• Juvenile Justice

The CRA abolished the death penalty for minors and established Family Courts (ss 149–162). It mandates that detention be a last resort and calls for specialised police units (s 207). These align with CRC and the Beijing Rules.¹⁸ Yet, implementation is weak: many children are detained with adults, and courts lack resources.

• Cultural and Religious Practices

The CRA bans child marriage and harmful practices (ss 21–24), but resistance persists. Groups like the Supreme Council for Sharia in Nigeria object to the minimum marriage age and adoption rules.²⁰ UNFPA notes that 43% of Nigerian girls marry before 18,²¹ while UNICEF reports one in four women has undergone FGM.²² Weak penalties, such as ₦5,000 fines, undermine deterrence.

•  Child Labour and Exploitation

Despite section 28, over 15 million children are engaged in labour.²³ Poverty drives street hawking, mining, and domestic servitude. Child trafficking also persists, with victims moved within Nigeria and across West Africa.²⁴ Enforcement remains weak due to economic realities.

• Education

Section 15 guarantees free, compulsory basic education, yet over 10 million children remain out of school.²⁵ Cultural resistance, poverty, and insecurity worsen the problem. The Almajiri system forces children into street begging, while Boko Haram’s attacks, including the 2014 Chibok abductions, devastate education.²⁶

• Health and Survival

Section 13 affirms healthcare rights, but Nigeria records 12% of global under-five deaths.²⁷ Severe malnutrition affects two million children annually.²⁸ Early marriage heightens maternal mortality among adolescents.²⁹

• Participation

Sections 3 and 19 guarantee children’s right to be heard, reflecting CRC Article 12. In practice, cultural norms suppress participation. Efforts like UNICEF’s Children’s Parliament provide platforms, but impact is limited.³⁰

• Recent Developments

By 2016, only 24 states had domesticated the CRA, leaving gaps in protection.³¹ Some progress has been achieved through:

NGO and International Advocacy – UNICEF and NHRC campaigns promote awareness.³²

Youth Activism – Groups like It’s Never Your Fault campaign against child marriage, gathering over 150,000 signatures.³³

Safe schools Initiative – launched after Boko Haram attacks to protect education.³⁴

Constitutional Review Debates – attempts to close loopholes on child marriage, though resistance persists.

These developments signal momentum, but challenges remain entrenched.

5. Implementation Challenges

The CRA’s transformative potential is hindered by:

• Legal/Legislative Gaps – uneven domestication (24/36 states) and conflicting statutes.³⁵
• Institutional Weaknesses – underfunded Family Courts, untrained welfare officers, absent specialised police units.³⁶
• Socio-Cultural Resistance – practices like child marriage and FGM persist despite legal bans.³⁷
• Economic Barriers – with 40% of Nigerians in poverty, children’s labour sustains households.³⁸
• Lack of Awareness and Political Will – parents and leaders often lack knowledge or commitment to children’s rights.³⁹

6. Recommendations

To bridge the gap between law and practice:

• Full Domestication and Harmonisation – all states should enact the CRA; conflicting laws must be amended.
• Strengthened Institutions – resource Family Courts, train judges, police, and welfare officers.
• Community Engagement – partner with religious and traditional leaders; sensitise communities through media and schools.
• Poverty Reduction – expand cash transfers, school feeding, and women’s employment.
• Education Reform – integrate Almajiri system, build safe schools, promote girls’ education.
• Health and Nutrition – improve primary care, immunisation, and adolescent health.
• Child Participation – expand platforms like Children’s Parliaments and human rights clubs.
• International Cooperation – strengthen ties with UNICEF, ILO, UNFPA, and AU.

7. Conclusion

The CRA 2003 remains a landmark, harmonising Nigerian law with international child protection standards and embedding the best interests principle. Yet, its impact has been limited by uneven domestication, weak institutions, cultural resistance, poverty, and lack of political will.

Nigeria must translate its legal commitments into real protections. Nationwide domestication, harmonisation, institutional reform, poverty reduction, and grassroots sensitisation are urgent. With international support and national determination, Nigeria can move from rhetoric to genuine child protection.

Ultmately, safeguarding children is not merely a legal duty but a moral and developmental imperative: the future of Nigeria depends on it.

       8.Bibliography

Primary Sources

Child Rights Act 2003.

Children and Young Persons Act 1933.

Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004.

Penal Code Act (Northern States) Federal Provisions Act, Cap P3, Laws of the Federation of Nigeria 2004.

Compulsory, Free Universal Basic Education Act 2004.

Labour Act, Cap L1, Laws of the Federation of Nigeria 2004.

Marriage Act, Cap M6, Laws of the Federation of Nigeria 2004.

Modupe v State (1988) 4 NWLR (Pt 87) 130 (Nigeria).

Garuba v Attorney General of Lagos State No ID/559/90 (High Court, Lagos, Ikeja Division, unreported).

Secondary Sources

Akinwumi O, ‘Legal Impediments on the Practical Implementation of the Child Rights Act 2003’ (2009) 37 International Journal of Legal Information 385.

Arowolo GA, ‘An Appraisal of the Legal Framework for Child Justice Administration in Nigeria’ (2018) 6 Journal of Law and Criminal Justice 89.

Iguh NA, ‘An Examination of the Child Rights Protection and Corporal Punishment in Nigeria’ (2011) 2 Nnamdi Azikiwe University Journal of International Law and Jurisprudence 99.

Ihinmoya TO and Folami OM, ‘Child Labour and Protection: An Exploration of Vulnerable Children in Lagos State’ (2018) 6 Humanities and Social Sciences Letters 171.

Lachman P, ‘Challenges Facing Child Protection’ (2002) Child Abuse & Neglect 617.

Nwanna CR and Ogunniran I, ‘Challenges of Lagos State Child’s Rights Law: Social Welfare Officers’ Perspective’ (2019) 12 African Journal of Criminology & Justice Studies 77.

Nzarga FD, ‘Impediments to the Domestication of Nigeria Child Rights Act by the States’ (2016) 6 Research on Humanities and Social Sciences 9.

Opeloye M, ‘Child Rights Act 2003 in Nigeria: What Implications for the Application of Child’s Rights in Islam?’ (2016) Proceedings of the 1st International Conference on Women and Children Legal and Social Issues 183.

UNFPA, Marrying Too Young: End Child Marriage (2012) https://www.unfpa.org/publications/marrying-too-young accessed 22 September 2025.

UNICEF Nigeria, Situation Analysis of Children in Nigeria (2019) https://www.unicef.org/nigeria/reports/situation-analysis-children-nigeria accessed 22 September 2025.

UNICEF, Child Labour (2021) https://www.unicef.org/protection/child-labour accessed 22 September 2025.

International Labour Organization (ILO), Child Labour: Global Estimates 2020, Trends and the Road Forward (2021) https://www.ilo.org/global/publications/books/WCMS_797515/lang–en/index.htm accessed 22 September 2025.

United Nations, Convention on the Rights of the Child (1989) UN Doc A/RES/44/25 https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child accessed 22 September 2025.