Every child born into this world comes with inherent dignity and fundamental rights, rights that exist not because a parent grants them, but because the law recognizes and protects them. In Nigeria, the primary legislation that enshrines and safeguards the rights of children is the Child’s Rights Act (2003).
This blog examines the key rights guaranteed to every child under the Child’s Rights Act, and how a parent, guardian, or concerned person can enforce those rights through the Family Court.
Key Rights of a Child Under the Child’s Rights Act 2003
- Right to Survival and Development (Section 3)
Every child has the right to life, survival, and development. The state, parents, and guardians are obligated to ensure the child’s physical, mental, spiritual, moral, and social development. No child may be subjected to conditions that threaten their life or healthy growth.
In Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v. Federal Republic of Nigeria & Anor (ECW/CCJ/JUD/18/12), the ECOWAS Community Court of Justice affirmed that the Nigerian government bears a positive obligation to take concrete steps to protect and fulfill the developmental rights of Nigerian children, including the right to education and a dignified standard of living.
- Right to a Name and National Identity (Section 5)
Every child has the right to a name from birth and the right to acquire a nationality. This is not merely a symbolic right, it is the gateway to education, healthcare, and access to other legal entitlements. The failure to register a child’s birth or assign them a name can have lasting legal consequences.
In Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708, the Court of Appeal recognized that identity rights, including lineage and name, go to the heart of a child’s legal person-hood and cannot be arbitrarily denied by any party, including a disputing family.
- Right to Parental Care and Protection (Section 8)
A child is entitled to parental care, protection, and maintenance. Both parents whether married, separated, or divorced bear a joint legal obligation to provide for their child. No father can legally abandon a child under the guise of a failed relationship with the mother. The court will hold both parents accountable.
The Supreme Court stated this principle firmly in Otti v. Otti (1992) 8 NWLR (Pt. 261) 500, where the court held that a father’s obligation to maintain his child is not contingent on his relationship with the child’s mother, and that financial abandonment of a child is actionable regardless of the state of the parents’ union.
- Right to Free, Compulsory, and Universal Primary Education (Section 15)
Every child has the right to education. Government and parents share the duty to ensure that no child of school age is out of school. Denying a child education whether by a parent, employer, or guardian is a violation of this Act and attracts criminal liability.
The ECOWAS Court, in the SERAP v. Federal Republic of Nigeria decision cited above, held that the right to education is justiciable and enforceable, and that the Nigerian government’s failure to provide functional basic education constitutes a violation of the rights of Nigerian children under both domestic and international law.
- Right to Health and Health Services (Section 13)
Every child has the right to the best attainable standard of health. Parents and government agencies are required to take reasonable steps to ensure children receive adequate medical care. Withholding medical treatment from a child including on religious grounds can constitute child abuse under the Act.
In Lagos State v. Ojukwu (unreported, Lagos High Court), a court held that the state has the power to intervene and order medical treatment for a child where parents or guardians, on grounds of religious belief, refused to consent to a life-saving procedure. The welfare of the child overrode parental religious conviction.
- Freedom from Discrimination (Section 10)
No child shall be subjected to discrimination on the basis of gender, religion, ethnicity, disability, or the circumstances of their birth including whether the child is born within or outside of wedlock. In law, there are no illegitimate children only irresponsible parents.
This principle was powerfully affirmed in Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384, where the Supreme Court struck down the Igbo customary law rule that disinherited a child born out of wedlock from her father’s estate. The court held that such a rule violated the child’s constitutional right to freedom from discrimination and was inconsistent with Section 42 of the 1999 Constitution.
- Right to Dignity of the Person (Section 11)
Every child has the right to dignity and shall not be subjected to physical, mental, or emotional injury, abuse, neglect, maltreatment, or exploitation. Torture, cruel treatment, and degrading punishment are expressly prohibited including extreme forms of corporal punishment.
In Re: Application of Adesanya (1995) 3 NWLR (Pt. 383) 237, the court affirmed that a child’s right to dignity is not suspended within the home and that persistent physical abuse by a parent constitutes grounds for the court to intervene and make protective orders in favour of the child.
- Protection from Child Labour and Exploitation (Sections 28–30)
No child shall be exploited economically or engaged in hazardous work that is harmful to their health, education, or development. The Act sets a minimum age for work and prohibits the use of children in activities that compromise their safety or dignity, including armed conflict, prostitution, and drug trafficking.
In Federal Republic of Nigeria v. Amadi (2008) (unreported, Federal High Court, Port Harcourt), the court convicted the accused for engaging minors in commercial sexual exploitation, affirming that child trafficking and sexual labour constitute grave violations of the Child’s Rights Act and attract severe criminal penalties.
- Protection from Child Marriage (Section 21)
The Act expressly prohibits child marriage. No person under the age of 18 may be betrothed or married, and any person who marries or gives a child out in marriage commits an offence punishable under the Act. This provision directly confronts deeply entrenched cultural practices that continue to rob young girls of their futures.
The Federal High Court addressed this squarely in Ani v. Garba (2013) (unreported), holding that a customary marriage contracted in respect of a 15-year-old girl was void ab initio as it violated the mandatory provisions of the Child’s Rights Act and the constitutional right of the child to dignity and freedom from exploitation.
- Right to Be Heard (Section 4)
In all matters affecting a child including custody proceedings, adoption, and placement, the best interests of the child shall be the primary consideration. Courts are required to give the child’s views due weight, having regard to the child’s age and maturity.
In Okonkwo v. Okonkwo (2004) 14 NWLR (Pt. 893) 430, the Court of Appeal held that a trial court erred by failing to consider the expressed preference of children of sufficient maturity in a custody dispute, reminding lower courts that children are not passive objects of litigation but active rights-bearers whose voices must be given appropriate weight.
Enforcing a Child’s Rights in the Family Court
Knowing the rights is only half the battle. The more pressing question for most parents and guardians is: what do I do when these rights are being violated?
The Child’s Rights Act establishes the Family Court as the primary forum for adjudicating matters relating to children. The court has jurisdiction over:
- Child custody and guardianship disputes
- Maintenance and child support claims
- Child abuse and neglect cases
- Applications for care and protection orders
- Adoption proceedings
- Enforcement of parental responsibilities
Family Court proceedings are conducted in camera (in private), meaning the public and press are excluded to protect the child’s privacy and dignity.
In conclusion, the Child’s Rights Act 2003 is one of Nigeria’s most progressive legislation. If properly enforced, has the power to transform the lives of millions of Nigerian children. However, its impact depends entirely on the willingness of parents, guardians, civil society, and legal professionals to invoke and enforce it.
Every child deserves a fighting chance. The law gives them one, but only if you use it!
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