Laws Cited in the Article – Every Child has a Right to Develop

Link to the Article – Every Child has a Right to Develop https://progender.org/every-child-has-a-right-to-develop/

Link to the abridged version of the Article – Every Child has a Right to Develop https://progender.org/14-points-on-the-article-every-child-has-a-right-to-develop/https://progender.org/14-points-on-the-article-every-child-has-a-right-to-develop/

Child’s Right Act (CRA)

SECTION 4

Every child has a right to survival and development.

SECTION 8

(1) Every, child is entitled to his privacy, family life, home, correspondence, telephone conversation and telegraphic communications, except as provided in subsection (3) of this section.

…

Right to private and family life

SECTION 11

Every Child is entitled to respect for the dignity of his person, and accordingly, no child shall be-

(a) subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse;

(b) subjected to torture, inhuman or degrading treatment or punishment;

(c) subjected to attacks upon his honour or reputation;

…

Right to dignity of the child

SECTION 13

(1) Every child is entitled to enjoy the best attainable state of physical, mental and spiritual health.

(2) Every Government, parent, guardian, institution, service, agency, organisation, or body responsible for the care of a child shall endeavour to provide for the child the best attainable health.

…

Right to health and health services

Section 14

14. – (1) Every child has a right to parental care and, protection and accordingly, no child shall be separated from his parents against the wish of the child except –

          (a) for the purpose of his education and welfare; or

          (b) in the exercise of a judicial determination in accordance with the provisions of this Act, in the best interest of the child.

          (2) Every child has the right to maintenance by his parents or guardians in accordance with the extent of their means, and the child has the right, in appropriate circumstances, to enforce this right in the family court.

Section 277

“child” means a person under the age of eighteen years; 

 “age of majority” means the age at which a person attains the age of eighteen years; 

Constitution of the Federal Republic of Nigeria (CFRN) (as amended) 1999

SECTION 33

1 Every person has a right to life, and no one shall be deprived intentionally of his life, …

SECTION 34

1 Every individual is entitled to respect for the dignity of his person, and accordingly – a no person shall be subjected to torture or to inhuman or degrading treatment; …

SECTION 37

The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

Right to private and family life.

Cybercrime (Prohibition, Prevention, etc.) Act 2015

24.     Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or

(b) he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent:

commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.

…

Convention on the Rights of the Child (CRC)¹

Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

…

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. TO this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;

…

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 27

1. States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development.

…

Article 29

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

…

African Charter on Human and Peoples’ Rights (ACHPR²)³

ARTICLE 4
Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

ARTICLE 5
Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

ARTICLE 16
Every individual shall have the right to enjoy the best attainable state of physical and mental health.
State Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

ARTICLE 17
Every individual shall have the right to education
Every individual may freely take part in the cultural life of his community.
The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State.

ARTICLE 18
The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.
The State shall have the duty to assist the family which is the custodian of morals and traditional values recognized by the community.
The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions.
The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

ARTICLE 24
All peoples shall have the right to a general satisfactory environment favourable to their development.

ARTICLE 27
Every individual shall have duties towards his family and society, the State and other legally recognised communities and the international community.
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

ARTICLE 28
Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

ARTICLE 29
The individual shall also have the duty:

To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need.
To serve his national community by placing his physical and intellectual abilities at its service;
Not to compromise the security of the State whose national or resident he is;
…

To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society;
To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity.

ARTICLE 45
The functions of the Commission shall be:

To promote human and peoples’ rights and in particular:
to collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights and, should the case arise, give its views or make recommendations to Governments.
to formulae (sic) and lay down, principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislation.
cooperate with other African and international institutions concerned with the promotion and protection of human and peoples’ rights.

…

African Charter on the Rights and Welfare of the Child (ACRWC)⁴

Article 2

DEFINITION OF A CHILD

For the purposes of this Charter, a child means every human being below the age of 18 years.

Article 5

SURVIVAL AND DEVELOPMENT

1.       Every child has an inherent right to life. This right shall be protected by law.

2.       States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child.

…

Article 10

PROTECTION OF PRIVACY

No child shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to the attacks upon his honour or reputation, provided that parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. The child has the right to the protection of the law against such interference or attacks.

Article 11                                                                                                             

EDUCATION

1.       Every child shall have the right to education.

2.       The education of the child shall be directed to:

(a)      the promotion and development of the child’s personality, talents and mental and physical abilities to their fullest potential;

(b)     fostering respect for human rights and fundamental freedoms with particular reference to those set out in the provisions of various African instruments on human and peoples’ rights and international human rights declarations and convention;

(c)      the preservation and strengthening of positive African morals, traditional values and cultures;

(d)     the preparation of the child for responsible life in a free society, in the spirit of understanding, tolerance, dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups;

…

Article 16

PROTECTION AGAINST CHILD ABUSE AND TORTURE

1.       States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of a parent, legal guardian or school authority or any other person who has the care of the child.

…

Article 18

PROTECTION OF THE FAMILY

1.       The family shall be the natural unit and basis of society. It shall enjoy the protection and support of the State for its establishment and development.

…

Article 19

PARENTAL CARE AND PROTECTION

1.       Every child shall be entitled to the enjoyment of parental care and protection and shall, whenever possible, have the right to reside with his or her parents. No child shall be separated from his parents against his will, except when a judicial authority determines in accordance with the appropriate law, that such separation is in the best interest of the child.

…

Article 20

PARENTAL RESPONSIBILITIES

1. Parents or other persons responsible for the child shall have the primary responsibility for the upbringing and development of the child and shall have the duty:

(a)      to ensure that the best interests of the child are their basic concern at all times;

(b)     to secure, within their abilities and financial capacities, conditions of living necessary to the child’s development; and

…

Article 21

PROTECTION AGAINST HARMFUL SOCIAL AND CULTURAL PRACTICES

1.       States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular:

(a)      those customs and practices prejudicial to the health or life of the child; and

(b)     those customs and practices discriminatory to the child -on the grounds of sex or other status.

…  

Universal Declaration of Human Rights (UDHR)⁵

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 3

Everyone has the right to life, liberty and the security of person.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 16

(3)     The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

…

International Covenant on Civil and Political Rights (ICCPR)⁶

Article 6

1.       Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

…  

Article 7

No one shall bе subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

…

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

…

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

…

International Covenant on Economic, Social and Cultural Rights (ICESCR)⁷

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

…

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

…

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve  the full realization of this right shall include those necessary for:

…

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

…

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

…

European Convention on Human Rights (ECHR)

Article 8

1 Everyone has the right to respect for his private and family life, his home and his correspondence.

2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.⁸

Thank you.

Stephanie Orji lawyers at Heptagon & Associates, a full service law firm in Abuja, Nigeria. She recently crafted a book for children and all rhyme lovers – Happy Children’s Read and Recite.

23-November-2024.

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1. Chapter IV. Human Rights (un.org) accessed on 23^rd November, 2024. ↩︎
2. It also stands for – African Commission on Human and Peoples’ Rights ↩︎
3. African Charter on Human and Peoples’ Rights | African Commission on Human and Peoples’ Rights (au.int) accessed on 23^rd November, 2024. ↩︎
4. 36804-treaty-african_charter_on_rights_welfare_of_the_child.pdf (au.int) accessed on 23^rd November, 2024. ↩︎
5. OHCHR | Universal Declaration of Human Rights – English accessed on 23^rd November, 2024. ↩︎
6. Ch_IV_04.pdf (un.org) accessed on 23^rd November, 2024. ↩︎
7. International Covenant on Economic, Social and Cultural Rights | OHCHR accessed on 23^rd November, 2024. ↩︎
8. https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-8-0#:~:text=Austria-,Article%208,security%2C%20public%20safety%20or%20the%20economic%20well%2Dbeing%20of%20the%20country,-%2C%20for%20the%20prevention accessed on 21^st November, 2024. ↩︎