SEXUAL AND REPRODUCTIVE RIGHTS OF ADOLESCENTS IN NIGERIA.

ABSTRACT

Adolescents’ sexual and reproductive rights are fundamental to their overall well-being, these rights are human rights related to an individuals’ ability to make informed decisions about their sexuality, reproduction, and access to healthcare. In this work, it is revealed that despite the glaring importance of these rights, they still remain under-implemented and inadequately protected in Nigeria, this is due to limited access to adolescent-friendly health services, gender inequality, and insufficient education hinder the realization of these rights. This paper explores the effectiveness of the relevant legal and institution frameworks on the protection of the sexual and reproductive rights of adolescents and also proffers practical solutions to these challenges. This work employs the use of the doctrinal research methodology. Having taken cognizance of the challenges of these rights, this work recommends the strengthening of the existing legal and institutional frameworks, the active participation of the media and the provision of accessible and adolescent-friendly health services, inter alia.

Scope and limitation

This work primarily focuses on analyzing the legal and institutional frameworks protecting sexual and reproductive health rights of adolescents in Nigeria. Attention is paid to the various statutory enactments in Nigeria and also other relevant international documents containing provisions in one way or the other which seeks to protect and enhance these rights. Due to the application of the traditional doctrinal research method, the information gathered in this study is limited to primary and secondary sources and it is based on evidence found in books articles, Journals and case laws. Though references were made to other relevant international documents, Nigeria remains the primary jurisdiction of this work.

Research Question

In light of the foregoing, this long essay seeks to answer the following questions;

1) What is the legal framework for sexual and reproductive health rights in Nigeria?

2) What is the relationship and the overlap between sexual and reproductive health rights and some practices which hinder the full enjoyment of these rights?

Research Methodology

The research methodology adopted is doctrinal research methodology, using the analytical approach. This research will make use of both primary and secondary sources. It analyses statutes, case laws, international treaties and conventions as primary sources while it considers books, journal articles, thesis, dissertations, Newspaper publications, and online sources as secondary sources of data to gain a better understanding of the legal principles that are relevant to this topic. The data collected from these sources will be subjected to content analysis.

INTRODUCTION

Background to the Study

Until quite recently, reproductive and sexual rights were considered by most Africans as issues for discussion only by ‘queers’ and liberal feminist groups.[1] The typical traditional African values and societal norms view reproduction and sexual practices as very private issues not meant for public discussion. Thus, it was more or less a “sacrilege” to advocate for sexual rights, safe abortion and reproductive choice. Cultural practices like female genital mutilation (FGM) were accepted by many societies and the practice was not considered harmful or illegal by many. Many aspects of reproduction such as safe motherhood and family planning services were not regarded as ‘rights’ per se. Similarly, until recently, adolescents were considered a relatively healthy group. They were considered relatively free of the heavy burden of disease that is part of the lives of adults and infants.[2]

Research has shown that as adolescents grow into adulthood and begin to engage in sexual relationships, adolescents increasingly are exposed to risks which predispose them to ill-health.[3] In addition to becoming susceptible to contracting sexually-transmitted infections (STIs), including HIV, because sexual relations among adolescents’ are often unplanned, the majority of adolescent girls are also at risk of unintended pregnancies.[4] These risks to their sexual and reproductive health (SRH), coupled with the fact that adolescents represent a staggering 1.2 billion population world-wide, underscore the urgent need to invest in young people’s SRH, including their access to contraceptive information and services.[5]

In developing countries where 88 per cent of adolescents reside, and in sub-Sahara Africa, especially, where adolescents account for more than one in every five inhabitants,[6] the need to ensure access to contraceptive information and services for adolescents (especially female adolescents) is urgent. In sub-Saharan Africa, STIs and HIV – the leading causes of loss of health among women of reproductive age -predominantly affect adolescent girls.[7]

In addition to their susceptibility to STIs and HIV, is the problem of teenage pregnancy which, according to the United Nations Population Fund (UNFPA), is rampant as over 7.3 million girls under the age of 18 give birth annually in developing countries.[8] Similarly, a large number of maternal deaths recorded among this group of people can be attributed to complications arising from pregnancy and childbirth[9] and female adolescents constitute a large proportion of women who undergo unsafe abortion procedures.[10] The necessity of protecting the reproductive health of adolescents vulnerable to SRH illnesses, prompted the first official recognition of reproductive rights as a human right in 1968 during the International Conference on Human Rights held in Teheran. During this conference, the right of parents ‘to determine freely and responsibly the number and spacing of their children’ was first acknowledged.[11]

RELEVANT LAWS ON THE SEXUAL AND REPRESENTATIVE RIGHTS OF ADOLESCENTS IN NIGERIA.

National Legal Frameworks

The legal framework for the protection of sexual and reproductive rights of adolescents in Nigeria is shaped by various international treaties and national laws. Nigeria’s obligations arises from the ratification of instruments like the Convention on the Rights of the Child and Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, which emphasize the right to health and access to reproductive services. However, challenges persist due to gaps in domestic laws that inadequately protect these rights, particularly within the context of a patriarchal society.

Strengthening this framework is essential for safeguarding adolescents’ health and rights especially females. Thus, It is pertinent to take a look into the various Nigerian legislation responsible for protecting the sexual and reproductive rights of adolescents in Nigeria.

Constitution of the Federal Republic of Nigeria 1999.

In Nigeria, the constitution is the supreme law of the land and by this; every law, legislation, rule, regulation and policy is subject to it. The constitution is also responsible for regulating the conducts of persons in Nigeria which include citizens and non-citizens. Due to the supremacy of the constitution, it is regarded as the ‘Grund norm’ which means the highest law of land. The supremacy of the Nigerian constitution is highlighted in section 1 of the Constitution of the Federal Republic of Nigeria 1999, (CFRN). S 1 (3) states that if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

The Nigerian constitution is a pivotal instrument in regards to the protection of the fundamental human rights of Nigerians as well as other associated rights such as the sexual and reproductive rights of adolescents in Nigeria which is the principal focus of this discourse. It is safe to say that though the Nigerian constitution does not expressly provide for the Protection of sexual right of humans, the advocacy for sexual reproductive rights of adolescents, relies on several existing fundamental human rights such as the right to human dignity provided for in section 34 of the constitution, ss (1)(a) provides that “no person shall be subject to torture or to inhuman or degrading treatment.

This provision ensures that all citizens, particularly females, have the right to make autonomous decisions regarding their reproductive health without coercion or violence which at times are inhumane. It is without doubt that Nigeria has a lot of cultural beliefs which are inconsistent with the dignity of the female gender, thus, the right to dignity serves as a foundational element in advancing reproductive rights in Nigeria.

It is also important that cognizance be taken of some provisions of the Fundamental Objectives and Directive Principles of State Policy, which are contained in Chapter II of the constitution. It is provided that the sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced. The enhancement of human dignity can only be said to have been adhered to where a person has the right to the control of his or her person, without undue influence or cohesion.

The protection of sexual and reproductive rights also involves of enjoyment of other rights such as the right to good medical and health facilities, this is a right provided for under the Fundamental Objectives and Directive Principles of State Policy. Chapter II also has provisions stating that education shall be free for everyone; it is without doubt that education is a key feature in regards to the enhancement of any form of right of which sexual reproductive rights is not an exception. The issue with the provisions of chapter II of the constitution is that it has been made non-justiciable by the virtue of the provisions of section 6 (6) (c), thus ousting the jurisdiction of the court. This consequently serves as an impediment to the pursuit of a claim in court.

Child Rights Act 2003

This is a principal legislation governing the protection of children in Nigeria. Pursuant to Section 277 of the Child Rights Act 2003, in Nigeria, a child is defined as any person below the age of eighteen years. This definition aligns with international standards, including the United Nations Convention on the Rights of the Child, which also recognizes individuals under eighteen as children. One key guiding principle for the protection of children in Nigeria is provided for in section 1 of the Act which states that Best interest of a Child to be of paramount consideration in all actions In every action concerning a child, whether undertaken by an individual, public or private body, institutions or service, court of law, or administrative or legislative authority.

From the foregoing, it is unlawful to engage in activities which would have any adverse effect on a child. In order to strengthen the rights of children, the CRA, incorporated the provisions of chapter IV of the Nigerian constitution, therefore reemphasizing the importance of the fundamental human rights and ensuring that children and adolescents are not left out in its application. The protection of the sexual life of a child is protected under the Act, this can be seen from the. Provisions of section 22 which prohibits the marriage of children, it declares unlawful every marriage contracted with a person under the age of 18. This is due to the presumed mental incapacity of minors to deal with the accompanying requirements of marriage which most certainly involve sexual and reproductive activities. Thus a marriage contracted with a minor, would by virtue of this provision be null and void. The Act also prohibits the betrothal of children,  therefore it nullifies every existing betrothal as it negates a child’s freedom of choice.

The sexual rights of children and adolescents in Nigeria is protected under the CRA. By virtue of section 31 (1) of the Act,  it is unlawful for a person to have sexual intercourse with a child, it is also provided in this section that a person who contravenes the providing of Subsection (1) would be said to have committed the offence of rape and is liable on conviction to imprisonment for life. It should be noted that a plea for consent would not exonerate an accused from liability,this is on the ground that a minor lacks the legal capacity to consent to sexual activities. Also, it is immaterial that the offender believed  the person to be above the age of eighteen years.

Section 32 of the Act seeks to extend the applicability and protection of the act towards children by providing that “person sexually abuses or sexually who exploits a child in any manner not already mentioned under this Part of this Act commits an offence.”  The right to health and health service for every child is also provided under the Act, It implies that children should have access to sexual and reproductive health services tailored to their needs, including education on sexual health, access to contraceptives, and maternal health services.

The provisions of the CRA in regards to the protection of the rights of a child specifically the sexual and reproductive rights are commendable, however, it is also important to note that certain related and supportive rights such as the right to health care and free education are subject to the provisions of section 6 (6) (c) of the CFRN 1999, which makes them non-justiciable.

Criminal Code Act 2004.

The Nigerian criminal code plays a significant role in the protection of the sexual and reproductive rights of individuals, particularly women and girls. It contains several key sections which are designed to address various forms of sexual violence, exploitation, and discrimination etc. Though the Act’s provisions do not specifically mention or describe the terms ‘sexual and reproductive rights’, its provisions sufficiently contribute to the protection of these rights.

It is a sexual offence under the criminal code to have a carnal knowledge of a person against the person’s will, this would amount to rape. The offense of rape is provided for under section 357 of the Criminal Code, which provides that; “Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by impersonating her husband, is guilty of an offence which is called rape”. The punishment for the offence of rape is life imprisonment, which could be with or without canning.

Furthermore, section 218 of the Act provides for the Act of having carnal knowledge. It states that “Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning”. It is quite unclear as to why the term “unlawful” was used in this provision, this is based on the grounds that there is no justification for having carnal knowledge of a minor in Nigeria. Another setback of this provision in regards to the protection of the sexual and reproductive rights of adolescents is that it pegged its application to the age of thirteen, this is quite limiting as it does not fully provide coverage for all minors and adolescents. Despite its limitations, it is appreciated for its contribution to the protection persons from sexual exploitation.

National Health Act, 2014

The Nigerian National Health Act 2014, addresses sexual and reproductive rights (SRR) for adolescents within a rights-based framework, by recognizing health needs of. Nigerians which consequently applies to adolescents. It mandates the provision of comprehensive sexual and reproductive health services, including education and access to contraceptives, which are crucial for preventing early pregnancies and sexually transmitted infections. The Act aligns with international human rights standards, promoting non-discrimination and informed consent.

Section 1 of the National health Act 2014, established the national health system, which steps as a framework for the standard and regulation of the Nigerian health system. The Act seeks to provide the best available health service within the limits of the available resources. Furthermore, section 1 (1) (d) sets out the rights and obligations of health care providers, health workers, health establishments as well the rights of users. In furtherance of the objectives of the Act, section 4 established the National Council, which is the highest policy making body in Nigeria in regards to health matters, the duties of the council includes to protect, promote, improve and maintain the health of the citizens of Nigeria.

Under the act, it is the right of a user to have full information as to his or her health status, except in circumstances where there substantial evidence that the disclosure of the user’s health status would be contrary to the best interest of the user. In a bid to give full disclosure so a user, section 23 (2), prescribes that health workers should inform users (patients) about their health conditions in a language they understand best where possible and that it should be done taking it to account the person’s level of literacy. Section 26 of the Act also provides for the obligation of confidentiality, that is there should be no disclosure to persons other than the affected user. This provision is in conformity with the rights to privacy guaranteed under section 37 of the of the constitution of the federal Republic of Nigeria 1999. It helps in preventing stigmatization and the protection of a person’s societal dignity.

Violence Against Persons (Prohibition) Act (VAPP), 2015

The protection of the dignity of a person is a fundamental principle of human existence, the Violence against persons Act, aims to promote the integrity of man by setting a framework for human conduct and consequently punishing persons acting in defiance of the rights of others.

In relation to the protection of the sexual and reproductive rights of adolescents, it is important to combine the definition of what constitutes rape under the CRA and the VAPP. Section 1 of the Violence against Persons (Prohibition) Act 2015, states that a person would be said to have committed the offence of rape where he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything. Such penetration would constitute and offence when it is done without consent, where consent was fraudulently obtained or obtained by threats and intimidation. The liability for sexual offence does not solely rest on the shoulders of the person doing the act, it also extends to persons who compels the guilt party to commit the offence. This is captured in section 5 of VAPP, which states that; “a person who compels another, by force or by threat, to engage in any conduct or act, sexual or otherwise, to the detriment of the victim’s physical or psychological well-being, commits an offense and is liable on conviction to a term of imprisonment not exceeding 2 years, or to a fine not exceeding N500,000 or both.”

Furthermore, it is also an offence to incite, aid abet or counsel a guilty party to engage in a conduct, whether sexual or otherwise which consequentially affects the victim’s physical or psychological well-being. This is punishable on conviction, to a term of imprisonment not exceeding 1 year or to a fine not exceeding N300,000 or both. In Nigeria, there are some cultures engage in the harmful and inhumane practice of Female Genital Mutilation (FGM). This practice usually occurs from the ages 15-49 or in some cases 0-14 years depending on the cultural beliefs. It is repugnant to the sexual and reproductive rights of females.

Female circumcision, which is the partial or total cutting away of the external female genitalia, has been practiced for centuries in parts of Africa including Nigeria, generally as one element of a rite of passage preparing young girls for womanhood and marriage. Often performed without anesthetic under septic conditions by lay practitioners with little or no knowledge of human anatomy or medicine, female circumcision can cause death or permanent health problems as well as severe pain.  This act is seriously prohibited by the violence against persons Act of 2015. Section 6 (2) of the VAPP Act states that; a person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation commits an offence and is liable on conviction to a term of imprisonment not exceeding 4 years or to a fine not more than N200,000 or both. It is also an offence to attempt the prohibited act of female mutilation, such attempt is punishable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N100,000 or both.

This measure put in place by the law to ensure compliance with the genital rights of adolescent girls and females in general. Though these provisions have helped in reducing the occurrence of such a dehumanizing practice, it is unfortunate that it is still practiced in some communities in Nigeria. Pursuant to section 20 of the VAAP Act, it is unlawful to carry out traditional practices on another, thus where a person carries out harmful traditional practices like mutilation, such a person would be liable on conviction to a term of imprisonment not exceeding 4 years or a fine not exceeding N500,000 or both. In determining what constitutes harmful traditional practices, the act defines it to include all traditional behaviour, attitudes or practices which negatively affects the fundamental human rights of women, girls, or any person and includes any harmful widowhood practices, female genital Mutilation’ or female circumcision, forced marriage or forced isolation from family and friends.

KEY CONCEPTS AND DEFINITION

Adolescent

Adolescence (from Latin adolescere’to mature’) is a transitional stage of physical and psychological development that generally occurs during the period from puberty to adulthood (typically corresponding to the age of majority).[12] Adolescence is usually associated with the teenage years, but its physical, psychological or cultural expressions may begin earlier or end later. Puberty typically begins during preadolescence, particularly in females. Physical growth (particularly in males) and cognitive development can extend past the teens. Age provides only a rough marker of adolescence, and scholars have not agreed upon a precise definition. Some definitions start as early as 10 and end as late as 30. The World Health Organization definition officially designates an adolescent as someone between the ages of 10 and 19.[13]  According to the most recent national population and housing census (the 2006 Census), adolescents (10-19 years) constitute 22% of Nigeria’s population while young people (age 10-24 years) as a whole constitute almost a third (32%).

HumanRights

Human rights are moral principles or norms that establish standards of human behaviour and are regularly protected as substantive rights in municipal and international law.[14] They are commonly understood as inalienable, fundamental rights “to which a person is inherently entitled simply because he or she is a human being” and which are “inherent in all human beings”, regardless of age, ethnic origin, location, language, religion, ethnicity, or any other status. They are always applicable everywhere and in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on individuals to respect the human rights of others; it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.

Sexual and Reproductive Health

Sexual health is the state of physical, emotional, mental and social wellbeing in relation to sexuality.[15] It encompasses not only certain aspects of reproductive health, but also the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. Sexual health reduces risky sexual behaviors amongst children and young people, equipping them to recognize sexual exploitation and abuse when they occur and to protect themselves as far as possible as well as identify and have access to available sources of support.

Reproductive health on the other hand is a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity in matters related to the reproductive system, its functions and processes.[16] It embraces the rights of one to access health care services, safe and acceptable family planning methods and safe health practices. Reproductive health as an integral part of sexual and reproductive right encompasses various forms ranging from female genital mutilation, forced sterilization, forced abortion, early forced marriage, wife inheritance, rape, sexually transmitted infections (STIs) , domestic violence and violence in health services.

Sexual and Reproductive Health Right

The Black’s law dictionary defines reproductive rights as a person’s constitutionally protected rights relating to the control of his or her procreative activities; the duster of civil liberties relating to pregnancy, abortion, and sterilization, especially the personal bodily rights of a woman in her decision whether to become pregnant or bear a child.[17] It includes the idea of being able to make reproductive decisions free from discrimination, coercion, or violence.

The notable reproductive rights are the right to life, the right to liberty and security of Person, the right to health, including sexual and reproductive health, the right to decide the number and spacing of children, the right to consent to marriage and to equality in marriage, the right to privacy, the right to equality and non-discrimination, the right to be free from practices that harm women and girls, the right to not be subjected to torture or other cruel, inhuman, or degrading treatment or punishment, the right to be free from sexual and gender-based violence, the right to access sexual and reproductive health education and family planning information and the right to enjoy scientific progress; recognized by national laws and international human rights instruments, including respect for the integrity of the human persons and consent to sexual behavior.[18]

The Beijing Platform of Action (BPoA) 1995, is the first declaration embodying the concept of sexual and reproductive health rights, defining it as freedom from sexual violence and coercion, right to attain the highest standard of sexual health, right to fulfillment, expression and enjoyment of sexual health, with due regard for the rights of others and within a framework of protection against discrimination.[19]

COMPARATIVE ANALYSIS OF THE SEXUAL AND REPRODUCTIVE RIGHTS OF ADOLESCENTS BETWEEN NIGERIA AND ITALY

Significant sociocultural, economic, and policy background disparities are shown by comparing the sexual and reproductive health (SRH) of adolescents in Nigeria and Italy.  These variations impact general sexual and reproductive health outcomes, contraception use, and teenage access to sexual health education.  A summary of the main areas of comparison is provided below:

Sexual Education

Nigerian education about sexuality in schools: Not all schools in Nigeria offer sex education.  In many areas, comprehensive sexual education is severely lacking, particularly in rural areas.  Sexual rights and the use of contraceptives are frequently neglected or barely mentioned in favor of abstinence.  Religious and cultural influence: The way that sexual education is taught is greatly influenced by religious and cultural ideals.  Many Nigerian communities, especially those in the north, prohibit candid conversations about sexuality due to conservative traditions.  Teenagers are frequently ignorant or unaware of sexual and reproductive health issues as a result.  Effects of misinformation: When people are not properly educated, they develop misconceptions that increase the prevalence of teen pregnancy and STIs.

In Italy, sexual education in schools: Sex education is more methodically included into the curriculum in Italy, especially in secondary education.  Information about STIs, consent, and contraception are all included in the curriculum.  Cultural background Despite Italy’s Catholic majority, the government and school system foster a more candid conversation on sexual health.  Conservative viewpoints, however, might still have an impact on conversations, especially in more rural or religiously conservative populations.  Challenges in implementation: While sex education is included in the curriculum, the level of instruction and its depth can differ based on the area, the resources available to each school, and its dedication to providing comprehensive SRH education.

Access to Contraceptives

The Nigerian  Limited access: Financial limitations, lack of availability in rural regions, and cultural stigma are some of the major obstacles that adolescents in Nigeria frequently experience when trying to obtain contraception.  The use of contraceptives is frequently forbidden in some societies, especially among adolescents who are not married.  High rates of unwanted pregnancies and unsafe abortions are caused by the unmet demand for contraception, which affects a large portion of Nigerian teenagers.  Services for youth: There aren’t many services for sexual and reproductive health that are tailored to young people, particularly in conservative or rural communities where family planning services may be stigmatized.

Teenagers in Italy have access to a variety of contraceptive techniques, such as condoms, birth control tablets, and emergency contraception, because contraception is freely available.  Because of the legal structure, minors can obtain contraception without parental authorization, ensuring anonymity and encouraging young people to seek help when necessary.

Teenagers in Italy have access to a variety of contraceptive techniques, such as condoms, birth control tablets, and emergency contraception, because contraception is freely available.  Because of the legal structure, minors can obtain contraception without parental authorization, ensuring anonymity and encouraging young people to seek help when necessary.  Regardless of their financial situation, young people can receive reproductive health treatments in Italy because to the country’s well-established healthcare system, which offers subsidized contraception.rdless of their financial situation, young people can receive reproductive health treatments in Italy because to the country’s well-established healthcare system, which offers subsidized contraception.

Religious and Cultural Influence

 Nigeria  Adolescent sexual and reproductive health is greatly influenced by Nigerian cultural and religious norms.  Sexual activity outside of marriage is frowned upon in many groups, and conversations like sexual rights and contraception are rarely discussed.  Adolescents who participate in sexual activity are stigmatized and misinformed by conservative religious beliefs, which frequently restrict candid discussions about sexuality and reproductive health.  Teenage pregnancy rates are high, and access to sexual health education is restricted, which is further exacerbated by pressure for early marriage, especially for females.

 However, despite being influenced by the Roman Catholic Church, Italy has witnessed substantial social and cultural changes in recent decades with relation to teenage sexuality.  Overall, Italian society is more receptive to talking about sexual health, the use of contraceptives, and reproductive rights, however Catholic beliefs still have some influence on premarital sex.  Italy’s cultural views on teen pregnancy are more positive, and public health initiatives that emphasize sexual rights, responsible sexual conduct, and contraception promote a more positive view of adolescent sexuality.

Rates of Teenage Pregnancy 

In Nigeria, teenage pregnancy is a serious problem, especially in rural areas.  Teenage pregnancy is common; many young females give birth before turning 18, frequently as a result of early marriage, inadequate sexual education, and restricted access to contraception.  Maternal and infant mortality rates are high because many teenagers get pregnant without using or understanding contraception.  In Nigeria, teenage moms are frequently socially stigmatized and have very few educational and career options.

Although Italy has lower rates of teenage pregnancies than Nigeria, the issue is nevertheless there, especially in some southern areas.  Because of the extensive availability of contraception, thorough sexual education, and the independence of adolescents in accessing reproductive health care, teen pregnancies are less common in Italy.  Prenatal care, counseling, and help with schooling and work are all provided by the Italian healthcare systems to adolescent moms.

FINDINGS RECOMMENDATIONS AND CONCLUSIONS

Findings;

The sexual and reproductive rights of adolescents, being an integral part of human development, have attracted the attention of various actors such as the government, non-governmental organizations, the citizens and international bodies. The recognition of this right is also based on the importance attached to the fundamental human rights of Nigerians which inclusively affects the right of adolescents. The Constitution of the federal Republic of Nigeria 1999, is the principal legislation regulating and providing for the human rights of Nigerians. This work focuses on the rights of adolescents in Nigeria and how they are being protected under the various institutional and regulatory frameworks in the country. Based on the findings of this work, it is revealed that the World Health Organization define the age of adolescence to be between the age of 10 – 19 years, it further describes adolescence as “a critical developmental period marked by significant physical, emotional, and social changes, making it an essential phase for establishing a foundation for future health and well-being.”

The sexual and reproductive rights sought to be protected by the various legal and institutional frameworks in Nigeria encompass the right to healthcare, education, freedom from discrimination and a good standard of living for adolescents. It is revealed in this work that part of the SRR rights are socio-economic rights which to an extent are non-justiciable in Nigeria by virtue of chapter II of the Constitution of the Federal Republic of Nigeria 1999. However, it is important to note that the non-justiciability of this right does not completely preclude their application, protection or enforcement in Nigeria. The advancement of sexual and reproductive rights is to eliminate existing challenges faced by adolescents such as the issue of sexually transmitted infection, unintended pregnancies and in other cases unsafe abortions which could have been avoided with the right guidance and education. It is also revealed in this work that there are a lot of cultural inhumane practices and discriminations faced by women which as an extension, affects the health and well-being of adolescent girls. Notable among them is the female genital mutilation which is still prevalence in some communities in Nigeria despite its prohibition under the Child’s Right Act.

In this discourse, finding shows that aside the issue that most of these rights are non-justiciable, Nigeria’s legal and institutional frameworks suffers from poor implementation and protection of the sexual and reproductive rights. This has led to little or no improvements in protecting the SRR in Nigeria. In considering the views of authors, this work brought to light the opinion of Chilaka who opined that sexual and reproductive rights are right which entitles humans to determine the aspect of their sexuality, freedom from discrimination, coercion or violence. Based on this, the determination of one sexuality is not exercisable in Nigeria as it is in the Western world, adolescents an adult I restricted from engaging in transgender activities in the pre-text of exercising sexual and reproductive rights.

Recommendation

Having carefully taken into consideration the summary of findings in this discourse, it has become pertinent to suggest the following recommendations in order to enhance the implementation and protection of the sexual and reproductive rights of adolescents in Nigeria;

1. Enhancement of Comprehensive Sexuality Education (CSE)

The incorporation of age-appropriate and culturally sensitive comprehensive sexual education in schools in order to ensure that adolescent gain adequate knowledge about their body, rights and health. The curriculum should contain topics like sexual consent, contraception, sexually transmitted infections (STIs), and gender equality. This would certainly build up the knowledge of adolescents about their sexual and reproductive rights from an early age and also, it would empower them to make informed decisions rather than subjecting them to the risk of ignorance/illiteracy about these rights.

2. Accessible and Adolescent-friendly Health Services

It is recommended that the Nigerian government should establish confidential and non-judgmental health centers specially dedicated to providing for the needs and peculiarities of adolescents. These centers should be made up of trained healthcare providers whose duty would include the counselling of adolescents and other related functions. The establishment of these centers would reduce rate of unintended pregnancies and unsafe abortions in Nigeria.

3. Adequate enforcement of laws and Policies

Nigeria has quite a good number of laws and policies which protects the sexual and reproductive rights of adolescents. Regardless of this, there is no specific legislative enactment in Nigeria, enacted to safeguard these rights. Thus, it is recommended that the Nigerian legislature should enactment a law in that regards. Furthermore, the existing laws and policies should be strengthened by way of amendment in order to address and eliminate the existing barriers to their adequate enforcement.

4. Awareness, campaigns and community Engagements

It is recommended that the government and non-governmental organizations should help in educating communities through rallies and campaigns about what concept sexual and reproductive rights entail, as well as its importance to the development of adolescents. These campaigns should be channeled to challenge harmful cultural practices such as child marriage and female genital mutilation (FGM). Further partnership should be made with community leaders, religious institutions and media outlets to disseminate information.

5. Addressing Gender inequality

It is pertinent that the existing unfair gender norms and discriminations be appropriately addressed. This could be done by making gender-sensitive policies aimed towards eliminating gender bias and discriminatory practices which mostly operate against the female child. Promoting gender equality ensures that all adolescents can exercise their rights to their sexual and reproductive systems

Conclusion

The protection and implementation of the sexual and reproductive rights of adolescents in Nigeria is pivotal, yet, it still stands as a significant challenge and this is due to a lot of factors such as the deeply entrenched cultural norms, inadequate legal frameworks, limited access to healthcare, and widespread stigma surrounding adolescent sexuality. These issues are compounded by gender inequality, poverty, and a lack of comprehensive education on sexual and reproductive health. All these have continuously hampered the effective implementation and protection of the SRR of adolescents in Nigeria. This work highlights the way forward to putting an end to theses reoccurring challenges. In order to effectively address the said challenges, the combined efforts of the government, citizens, international organization and other relevant actors would be needed.  Furthermore, Empowering adolescents themselves as advocates and leaders in these efforts will ensure sustainable change. Therefore, it is important for the government to take adequate measures to remedy the existing mischief surrounding the SRR of adolescents in Nigeria and to ensure that these rights are in conformity with international and human friendly standards.

BIBLIOGRAPHY

Books

 Akomolede F, Introduction to Jurisprudence and Legal Theory (Lagos: Niyak Print and Law Publication, 2008)

 Assein J, Introduction to Nigerian Legal System (2^nd edn, Lagos: Ababa Press, 2005) 2

 Davies H& Holdcroft D, Jurisprudence: Texts and Commentaries (London: Butterworths, 1991)

Nwakoby GC, Fundamentals of the Nigerian Legal System (Royapuram: Bekaam Printers PVT Ltd., 2011)

Ogbu O, Modern Nigerian Legal System (2^nd edn, Enugu: CIDJAP Press, 2007) 12 – 13

Shaw M, International Law (6th ed, Cambridge University Press, 2008)

Journals

 Adedini S, ‘Role of Religious Leaders in Promoting Contraceptive Use in Nigeria: Evidence From the Nigerian Urban Reproductive Health Initiative’ [6 March 2018] < Sci Pract. https://doi.org/10.9745/GHSP-D-18-00135> accessed 5 January 2025

Adeleke F, ‘Comparative Abortion Jurisprudence – Women’s Reproductive Rights Paradigm’  (12 December 2023) https://www.researchgate.net/publication/357378422_Comparative_Abortion_Jurisprudence_-_Women’s_Reproductive_Rights_Paradigm accessed 23 September 2024

 Adimassu YG, ‘The Essence of Remedial Secession: From the Perspectives of Human Right and Preservation of Natural Resources’ [2021] (12) (4) Beijing Law Review 21

 Ashriady E, ‘Role of religious leaders in adolescents’ reproductive health and family planning: A systematic review’ [2024] African Journal of Reproductive Health 28

Ayanleye OA,  ‘Women and Reproductive Health Rights in Nigeria’ [2013](6)(5) OIDA International Journal of Sustainable Development

Bankole A and Malarcher S, ‘Removing barriers to adolescents’ access to contraceptive information and services’ [2010](41)(2) Studies in Family Planning

Campbell J, ‘Natural Rights and the First Amendment’ [2017](126)(6) Yale International Journal

Chandra-Mouli V, ‘Adolescent sexual and reproductive health for all in sub-Saharan Africa: a spotlight on inequalities’ [2021] Reproductive Health

 Durojaye E, ‘Realizing Access to Sexual Health information and Services for Adolescents Through the Protocol to the African Charter on the Rights of Women’ [2009](16)Washington and Lee Journal of Civil Rights and Social Justice

Henry N, ‘Adolescents’ knowledge and use of sexual and reproductive health services in the Federal Capital Territory, Nigeria’ [2022] (9) African Journal of Reproductive Health 26

Kar SK, Choudhury KA, Singh AP, ‘Understanding normal development of adolescent sexuality: A bumpy ride’ [2015](8)(2) Journal of  Human Reproductive Science

 Khosla R and Victoria Brown T, ‘Implementation of Sexual and Reproductive Health Education Policy in Schools in Asia and Africa: A Scoping Review’ (2024) International Journal of Sexual Health

Mbizvo MT and Zaidi S ‘Addressing Critical Gaps in Achieving Universal Access to Sexual and Reproductive Health (SRH): The Case for Improving Adolescent SRH, Preventing Unsafe Abortion, and Enhancing Linkages Between SRH and HIV Interventions’ (2010) (110) International Journal of Gynecology and Obstetrics

Naanyu AA, ‘Barriers to Utilization of Sexual and Reproductive Health Services among Young People in Nigeria:  A Qualitative Exploration Using  the Socioecological Model’ [2024] (12) Global Qualitative Nursing Research 2

Ngwena C, ‘ Sexual Health and Human Rights in the African Region’ [2017](17)(2)  African Human Rights Law Journal

Okonta A ‘Adolescent sexual and reproductive health in the Niger Delta Region of Nigeria-Issues and Challenges’ (2007) 11 African Journal of Reproductive Health

Owoade A, ‘Rule of Law & Justice System in Nigeria: The CommonLaw & Islamic Jurisprudential Approach’ (2009) 2 CJJIL, 41

 Shaw D, ‘Access to Sexual and Reproductive Health for Young People: Bridging the Disconnect Between Rights and Reality’ [2009](106)(2) International Journal of Gynecology and Obstetrics 132

 Singh JA, ‘World Health Organization Guidance on Ethical Considerations in Planning and Reviewing Research Studies on Sexual and Reproductive Health in Adolescents’ [2019](64)(4) Journal of Adolescent Health

 Steinberg G, ‘The Universal Declaration of Human Rights and the Holocaust: An Endangered Connection’ [2020](14)(2) Israel Journal of Foreign Affairs 

Internet Materials

Adenike O, ‘Adolescent Sexual and Reproductive Health in Nigeria’ [13 May 2024] <https://www.wilsoncenter.org/sites/default/files/media/documents/event/Esiet%20Presentation.pdf> accessed 7 January 2025

 ARFH, ‘Reproductive Health and Rights Project in Ekiti State’ [6 June 2024] <https://arfh-ng.org/past-project/reproductive-health-and-rights-project-in-ekiti-state/> accessed 5 January 2025

 All Answers ltd, ‘Overview of Legal Positivism’ (Lawteacher.net, July 2024) https://www.lawteacher.net/free-law-essays/jurisprudence/legal-positivism.php?vref=1 accessed 15 July 2024

Althaus FA, ‘Female Circumcision: Rite of Passage Or Violation of Rights’ [2 September 1997] <https://www.guttmacher.org/journals/ipsrh/1997/09/female-circumcision-rite-passage-or-violation-rights> accessed 21 December 2024

ASTRA Network, ‘ Reclaiming and Redefining Rights: Setting the Adolescent and Young People SRHR Agenda Beyond ICPD  (2 Astra, 24 February 2022), available at http://www.astra.org.pl/repronews/98-new-publication-reclaiming-and-redifining-rights-setting-the-adolescent-and-young-people-srhr-agenda-beyond-icpd-20.html accessed 20 September 2024

Dehne K and Riedner G, ‘Sexually Transmitted Infections Among Adolescents: The Need For Adequate Health Services (Research Gate, June 2001) https://www.researchgate.net/publication/11873273_Sexually_Transmitted_Infections_Among_Adolescents_The_Need_for_Adequate_Health_Services accessed 20 September 2024

 Federal Ministry of Health and Social Welfare, ‘Family health’ <https ://www.health .gov.ng/ Source/29/Family-Health> accessed 24 December 2024

James E, ‘Building Capacity of Young People and CSOS IN SRHR Advocay’ [5 March 2023] <https:/ /www.evanigeria.org/building-capacity-of-young-people-and-csos-in-srhr-advocacy/> accessed 2 January 2025

Macphail C, ‘Contraception Use and Pregnancy Among 15-24year Old South African Women’ (Research Gate, October 2007) https://www.researchgate.n et/publication/26494813_Contraception_use_and_pregnancy_among_15-24year_old_South_African_women_A_national_representative_cross-sectional_survey accessed 23 September 2024

 Moyn S, ‘The Last Utopia: Human Rights in History’ Havard University, 3 May 2012) https://www.hup.harvard.edu/books/9780674064348 accessed 10 October 2024

Nickel J and Etinson A, ‘Human Rights’, (The Stanford Encyclopedia of Philosophy, 31 May 2024) https://plato.stanford.edu/entries/rights-human/ accessed 10 October 2024

 Pathfinder, ‘Strengthening Adolescent and Youth Agency and Access to Sexual and Reproductive Health and Rights’ [ 1 February 2024] <https://www.pathfinder.org/focus-areas/adolescents-and-youth/> accessed 29 December 2024

 Proximate Change, ‘Community Mobilization and Participation’ [23 February 2024] <https:/ /toolkit.proximatechange.com/ngo-fundamentals/vii-advocacy-and-movements/26-community-mobilization-and-participation/> accessed 5 January 2025

Schenker JG and Rabenou E, ‘Contraception: traditional and religious attitudes’ [5 May 2013] <https://pubmed.ncbi.nlm.nih.gov/8365507/#:~:text=The%20Roman%20Catholic%20church%20forbids,denominations%20have%20allowed%20contraceptive%20use.> accessed 6 January 2025

 World Earth Organization, ‘Mental Health Aspects of Women’s Reproductive Health: A Global Review of Literature’ (WHO, 1 January 2009)  http://whqlibdoc.who.int/publications/2009/9789241563567_eng.pdf  accessed 20 September 2024

 World Health Organization, ‘Adolescent Sexual Reproductive Health’ <https: //www. who.int/southeastasia /activities/adolescent-sexual-reproductive-health> accessed 7 January 2025

 World Health Organization, ‘Female Genital Mutilation’ [5 February 2024] <https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation> accessed 21 December 2024.

 YEDI, ‘Achieving Adolescent Sexual and Reproductive Health Rights in Lagos State’ [18 January 2022] <https://www.urbanet.info/achieving-adolescent-sexual-and-reproductive-health-rights-in-lagos-state/> accessed 5 January 202

Reference(S)

[1]OluwakemiAmudatAyanleye,  ‘Women and Reproductive Health Rights in Nigeria’ OIDA International Journal of Sustainable Development (2005)

[2] Karl Dehne and Gabriel Riedner ‘Sexually Transmitted Infections Among Adolescents: The Need For Adequate Health Services (Research Gate, June 2001) https://www.researchgate.net/publication/11873273_Sexually_Transmitted_Infections_Among_Adolescents_The_Need_for_Adequate_Health_Services accessed 20 September 2024.

[3]AkinrinolaBankole and Shawn Malarcher ‘Removing barriers to adolescents’ access to contraceptive information and services’ [2010](41)(2) Studies in Family Planning.

[4] Dorothy Shaw  ‘Access to Sexual and Reproductive Health for Young People: Bridging the Disconnect Between Rights and Reality’ [2009](106)(2) International Journal of Gynecology and Obstetrics 132 https://www.researchgate.net/publication/26300075_Access_to_sexual_and_reproductive_health_for_young_people_Bridging_the_disconnect_between_rights_and_reality accessed 20 September 2024.

[5] UNICEF, ‘Demographic Trends for Adolescents: Ten Key Facts’  available at http://www.unicef.org/sowc2011/pdfs/Demographic-Trends.pdf accessed 20 September 2023.

[6] Ibid.

[7]Mbizvo MT and Zaidi S ‘Addressing Critical ,fGaps in Achieving Universal Access to Sexual and Reproductive Health (SRH): The Case for Improving Adolescent SRH, Preventing Unsafe Abortion, and Enhancing Linkages Between SRH and HIV Interventions’ (2010) (110) International Journal of Gynecology and Obstetrics.

[8] UNFPA Motherhood in childhood: Facing the challenge of adolescent pregnancy (2013) 2, 4-5 & 13 available at http://www.unfpa.org/webdav/site/global/shared/swp2013/EN-SWOP2013-final.pdf (17 March 2014).

[9] Ibid.

[10] Ebenezer Durojaye ‘Realizing Access to Sexual Health information and Services for Adolescents Through the Protocol to the African Charter on the Rights of Women’ [2009](16)Washington and Lee Journal of Civil Rights and Social Justice.

[11]Proclamation of Teheran 1968 Para 16.

[12]Sujita Kumar Kar, AnanyaChoudhury, AbhishekPratap Singh, ‘Understanding normal development of adolescent sexuality: A bumpy ride’ [2015](8)(2) Journal of  Human Reproductive Sciencehttps://pmc.ncbi.nlm.nih.gov/articles/PMC4477452/ accessed 10 October 2024.

[13] Jerome Amir Singh and others, ‘World Health Organization Guidance on Ethical Considerations in Planning and Reviewing Research Studies on Sexual and Reproductive Health in Adolescents’ [2019](64)(4) Journal of Adolescent Health https://pmc.ncbi.nlm.nih.gov/articles/PMC6496912/#:~:text=Adolescence%E2%80%94defined%20by%20the%20World,psychological%2C%20and%20social%20changes%20occur accessed 12 October 2024.

[14] James Nickel and Adam Etinson, ‘Human Rights’, (The Stanford Encyclopedia of Philosophy, 31 May 2024) https://plato.stanford.edu/entries/rights-human/ accessed 10 October 2024. 

[15] Rhea Khosla and Victoria Tzortziou Brown, ‘Implementation of Sexual and Reproductive Health Education Policy in Schools in Asia and Africa: A Scoping Review’ (2024) International Journal of Sexual Health

[16] Bright OpokuAhinkorah and others, ‘The missing link between legal age of sexual consent and age of marriage in sub-Saharan Africa: implications for sexual and reproductive health and rights’ [2021](18)(2) Reproductive Health.

[17]Bryan Garner, Black’s Law Dictionary (9^th ed. 2009).

[18]Venkatraman Chandra-Mouli, ‘Adolescent sexual and reproductive health for all in sub-Saharan Africa: a spotlight on inequalities’ [2021] Reproductive Health

[19] Beijing Declaration and Platform for Action, Beijing +5 Political Declaration and Outcome https://www.unwomen.org/en/digital-library/publications/2015/01/beijing-declaration