Skip to content 
By Babayemi Olaniyan Esq, LL.M, Notary Public, ACIArb (UK), AICMC, ACIS, ABR & Nwizu Obianuju
Introduction
All humans possess inherent rights, regardless of class, age, race, status, religion, or gender. These rights are inalienable and are automatically conferred upon birth. As Fela Kuti famously remarked, “You can’t dash me my property, human right na my property.”
Once a child is born, all legal rights are granted to the child, with the exception of those restricted by age or status, such as voting or the right to initiate legal proceedings independently. A child’s right exists independently from that of his parents, indicating that a parent’s right over his child stops where the child’s right starts. To guarantee that children enjoy these rights, particularly those that shield them from sexual exploitation, institutions and laws have been established with the express purpose of safeguarding children in society.
Who is a Child?
According to The Law Dictionary, a child is defined as the opposite of an “adult,” representing the youthful stage of the human species, typically below the age of puberty, with no consideration of parentage or gender.[1] However, this definition lacks clarity and does not significantly contribute to the application of children’s rights. A child is commonly understood as an individual who has not yet reached the age of adulthood, whether determined by natural, cultural, or legal standards.[2]
Before 2003, Nigeria did not have a statutory definition of a child. Instead, the definitions were drawn from international agreements such as Article 1 of the United Nations Convention on the Rights of the Child (UNCRC), which defines a child as any human below eighteen years, unless majority is reached earlier under applicable law. Similarly, Article 2 of the African Charter on the Rights and Welfare of the Child states that a child refers to individuals below eighteen years of age.
However, in 2003, Nigeria enacted the Child’s Rights Act of 2003as the primary legislation safeguarding children, aiming to fully implement the provisions of the aforementioned international agreements. Section 277 of the act provides the Nigerian definition of a child as any person under the age of eighteen years.
Parental Rights and Limitation
Parents possess the fundamental right to dictate the upbringing of their children without interference from anyone including the government. This includes, but is not restricted to, decisions concerning education, religion, and healthcare.[3]
In Nwosu v Nwosu,[4] the court recognized parents’ rights over their children, ruling that when a marriage produces children, both parents have equal responsibilities and rights over their children, including the right to raise, influence, and make decisions for their children. However, despite this recognition of parental authority, it is not absolute. Its restriction lies in the requirement that any decision made must be in the best interest of the child.[5]
Section 1 of the Child’s Rights Act 2003 provides that in every action concerning a child, whether undertaken by an individual, public, or private body, institution or service, court of law, or administrative or legislative authority, the best interest of the child shall be the primary consideration.
Child’s Legal Protection from Sexual Exploitation
Section 46 of the Violence Against Persons (Prohibition) Act 2015outlines that sexual exploitation involves a perpetrator enticing, coercing, or inducing a victim into providing services for financial gain or other benefits. This exploitation extends to any misuse of power, trust, or vulnerability for sexual gratification, including but not limited to gaining profit or social advantage from another’s sexual exploitation.[6] The Child’s Rights Act of 2003 which is the principal provision delineating the rights and responsibilities of children also seeks to safeguard them from sexual exploitation. Under the act, sexual exploitation is a punishable offense, with a maximum penalty of fourteen years’ imprisonment upon conviction.[7] The act emphasizes protecting children from all forms of sexual exploitation, including the unauthorized use of their images for pornographic purposes.[8]
Provisions under the act reinforcing a child’s right to be free from sexual exploitation include:
- Right to the dignity of the child: Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be subjected to physical, mental, or emotional injury, abuse, neglect, or maltreatment, including sexual abuse.[9]
- Prohibition against using children for immoral purposes: A child shall not be used for the purpose of begging for alms, guiding beggars, prostitution, domestic or sexual labour or for any unlawful immoral purpose or procured or offered for prostitution or for the production of pornography or for any pornographic performance.[10]
Other Legislations that Protect Children from sexual exploitation includes:
- The Constitution of the Federal Republic of Nigeria, 1999
The Constitution serves as the primary legislation in Nigeria, with Chapter IV containing provisions for the fundamental rights of citizens, such as the right to dignity of the human person. By virtue of Section 3 of the Child Rights Act, the constitutional provisions containing individuals’ fundamental rights are applicable as if they are expressly stated in the act and can thus be enjoyed by every Nigerian child.
- The Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024
Ban on Child Pornography: Engaging in child pornography and associated activities using a computer system or network, including producing, offering, distributing, procuring, or possessing child pornography, constitutes an offence under this Act. Upon conviction, individuals involved in production, offering, or distribution may face imprisonment for up to 10 years, a fine not exceeding N20,000,000.00, or both. Those engaged in procuring or possessing child pornography may be subject to imprisonment for up to 5 years, a fine not exceeding N10,000,000.00, or both. For the purpose of this section, a “child” or “minor” is defined as an individual below 18 years of age.[11]
- Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015
Any individual who solicits, enlists, employs, or offers any person under the age of 18 for the creation of pornography or pornographic performances commits a crime and, upon conviction, faces a prison sentence of no less than 7 years and a fine of no less than N1,000,000.00.[12]
Conclusion
It is apparent that while a parent’s authority over their child is legally acknowledged, it is not absolute due to the existence of various laws that impose constraints, particularly in cases that do not serve the best interests of the child. These laws are essential in preventing children from being sexually exploited by anyone, including by their own parents, and also prohibit their involvement in any form of sensual content creation. The pivotal role of the Child Rights Act in championing children’s rights and ensuring their protection cannot be overstated. However, it is disheartening to note that, despite its importance, this Act has not been adopted by all states in Nigeria. The fact that Kano and Zamfara States have not yet embraced the Child Rights Act indicates a concerning lack of prioritization of children’s rights by their political leaders.[13] This reluctance may also be linked to entrenched ethnic and cultural norms prevalent in those states.
Nonetheless, it is imperative to recognize that legislation like the Child Rights Act should be uniformly applicable across all regions of Nigeria, as it is indispensable for promoting the welfare, physical health, and mental well-being of every young child in the country. Achieving comprehensive implementation of such legislation is crucial for safeguarding the rights and ensuring the holistic development of Nigeria’s future generations.
Caveat:
The information above is solely for educational and information purposes and is not meant to serve as legal advice. It is based on inference and is subject to change.
For more information contact Lehi Attorneys:
+234-8134699398
[1] The Law Dictionary, ‘CHILD Definition & Legal Meaning’ (2013) <https://thelawdictionary.org/child/#:~:text=Definition%20%26%20Citations%3A&text=(2)%20In%20the%20law%20of,and%20without%20distinction%20of%20sex.> accessed 16 May 2024.
[2] Unini Chioma, ‘An Overview Legal Rights Of A Child In Nigeria’ (2023) TheNigeriaLawyer <https://thenigerialawyer.com/an-overview-legal-rights-of-a-child-in-nigeria/#_ftn1> accessed 16 May 2024.
[3] Miranda Schouten and Christopher Muscato, ‘Parental Rights Definition, List & Responsibilities’ (2023) study.com <https://study.com/academy/lesson/what-are-parental-rights.html#:~:text=Parental%20rights%2C%20in%20a%20legal,physical%20custody%20of%20a%20child.> accessed 16 May 2024.
[4] (2012) 8 NWLR.
[5] ‘Child custody and property rights in marriage’ (2021) Action4Justice <https://nigeria.action4justice.org/legal_areas/womens-rights-focusing-on-marriage-rights/child-custody-and-property-rights-in-marriage/#:~:text=When%20a%20marriage%20has%20produced,on%20behalf%20of%20their%20children.> accessed 16 May 2024.
[6] UNHCR – The UN Refugee Agency, ‘Defining Sexual Exploitation and Abuse and Sexual Harassment | UNHCR’ <https://www.unhcr.org/what-we-do/how-we-work/tackling-sexual-exploitation-abuse-and-harassment/what-sexual-exploitation> accessed 16 May 2024.
[7] CRA 2003 s32.
[8] ‘Know the signs: Sexual Exploitation’ <https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_se.aspx> accessed 16 May 2024.
[9] CRA 2003 s11.
[10]CRA 2003 s30.
[11]CPPA 2015 s23.
[12] TPPEA 2015 s17.
[13] ‘States and the Child Rights Act’ (2023) Independent <https://independent.ng/states-and-the-child-rights-act-3/> accessed 16 May 2024.
