In order to extend the general frontiers of Universal Declaration of Human Rights, regional human rights instruments came into being. Thus on 4th November 1950, the Council of Europe perfected their plans for the protection of human rights in the form of the European Convention on Human Rights.
This was followed by the Americans in their Inter-American Convention on Human Rights in 1969.
Then following pressure and heat from within and outside the continent of Africa; an African Charter came into life in 1981. In 1986, Nigeria ratified this Charter and it became incorporated into Nigerian
66 laws as African Charter on Human and Peoples Right (Ratification and Enforcement) Act cap.10 of 1990, now Cap A9 LFN 2004.182
The African Charter on Human and Peoples‘ Rights was adopted on June 17, 1981 by the Eighteenth Assembly of the Heads of States and Governments of the O.A.U. (Organization of African Unity, now A.U. - African Union) convening in Nairobi, Kenya. The adoption of the Charter represented a milestone in the promotion and protection of human rights in Africa. In the area of protection of human rights, the Charter reflects a strong preference for mediation, conciliation, and consensus as opposed to confrontational or adversarial procedures.183
The Charter having been domesticated in Nigeria guarantees to all, both Civil and Political rights, Economic, Social and Cultural rights with corresponding duties. Prominent among these rights as guaranteed are the right to equality before the law, human dignity and its inviolability, thus debarring all kinds of degrading treatments, exploitation in the nature of torture and degradation of any kind.
Also the principles of natural justice as evidenced in the right to fair hearing, right to appeal, the presumption of the innocence of the accused until the contrary is proved, right of counsel of one‘s choice and reasonable time within which a person is tried before an impartial court.184
The African Charter made only one mention of the ―child‖ in its provisions. Article 18(3) of the African Charter provides that states parties should ensure the protection of the rights of the child as stipulated in international declarations and covenants. By this provision the African Charter effectively endorses internationally accepted principles on children‘s rights. The African Charter guarantees every individual the right to have his/her case heard by a competent national organ.
182 C Arinze-Umobi, Domestic Violence Against Women in Nigeria: A Legal Anatomy, ( Onitsha: Folmech Printing and Publications Co. Ltd., 2008) P.216.
183 M. Ramcharan, Human Rights in Africa; Whither Now? (1975), 12 University of Ghana Law Journal, p.8.
184 Domestic Violence against Women op cit at page 218.
67 3.1.2.b The African Charter on the Rights and Welfare of the Child
The African Charter on the Rights and Welfare of the Child (ACRWA) 1991 and the Convention on the Rights of the Child (CRC) are the two international instruments which specifically make special provisions for the rights of the child. The ACRWC has been signed and ratified by Nigeria.
The highlight of its provisions may be summarized thus:-
- Every child has the inherent right to life, and States shall ensure to the maximum, child survival and development.185
- Children shall not be separated from their parents, except by competent authorities for their well-being.186
- Parents shall have the primary responsibility for a child‘s upbringing but states shall provide them with appropriate assistance and develop childcare institutions.187
- States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.188
- States shall provide parentless children with suitable alternative care. The adoption process shall be carefully regulated and international agreements should be sought to provide safeguards and assure legal validity if and when adoptive parents intend to move a child from his or her country of birth.189
- Disabled children shall have the right to special treatment, education and care.190
- Children are entitled to the most attainable state of health. States shall ensure that health care is provided to all children, placing emphasis on preventive measures, health education
185 ACRWA, article 5.
186 Ibid, article 25.
187Ibid, article 18.
188Ibid, article 27.
189Ibid, article 24.
190 Ibid, article 13.
68 and reduction of infant mortality.191
- Primary education shall be free and compulsory. Discipline in schools shall respect the child‘s dignity. Education should prepare the child for life in a spirit of understanding,
peace and tolerance.192
- Children shall have time for rest and play and equal opportunities for cultural and artistic activities.193
- States shall protect children from economic exploitation and from work that may interfere with their education or be harmful to their health or well-being.194
- States shall protect children from the illegal use of drugs and involvement in drug production and trafficking.195
- All efforts shall be made to eliminate the abduction and trafficking of children.196 - Capital punishment or life imprisonment shall not be imposed for crime committed before the age of eighteen.197
- Children in detention shall be separated from adults; they must not be tortured or suffer cruel or degrading treatment. Children involved in infringements of the penal law shall be treated in a way that promotes their sense of dignity and worth and aims at
reintegrating them into the society.198
- States shall make the rights set out in the instrument widely known to both adults and
191 Ibid, article 14.
192 Ibid, article 11.
193Ibid, article 12.
194Ibid, article 15.
195Ibid, article 28.
196Ibid, article 29.
197 Ibid, article 53
198Ibid, article 17
69 children.