CUSTODY/RIGHTS OF A CHILD BORN OUTSIDE WEDLOCK
tion:
Also, Article XVIII of the United Nations Convention on the Rights of the Child, which was adopted in Geneva at the 44th Session of the United Nations General Assembly on the 20th day of November, 1989, and was ratified by Nigeria on the 20th day of November, 1991, states thus:
“1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their concern.” -
This Section places this responsibility on Government, parent, guardian, institution, service, agency, organisation, or body responsible for the care of a child. Section 13(5) of the CRA makes failure of a parent to fully immunise a child an offence, with a term of years not exceeding one month, in addition to an order compelling the parent to immunise the child.
- Section 14(2) of the CRA entitles a child to maintenance. Importantly, Article XVIII (3) of the African Charter on the Rights and Welfare of the Child states as follows:
“Article XVIII: 3. No child shall be deprived of maintenance by reference to the parents’ maintenance status.”
- Section 15 of the CRA also places this responsibility on Government and the parent of a child. Failure of a parent to perform this statutory responsibility, amounts to an offence and is punishable on first conviction to be reprimanded and ordered to undertake community service; on second conviction to a fine of N2,000.00 or imprisonment for a term not exceeding one month or to both; and on subsequent conviction to a fine not exceeding N5,000.00 or imprisonment for a term not exceeding two months or to both.
Article XI (1) of the African Charter on the Rights and Welfare of the Child also guarantees the right of a child to education.
. The Act acknowledges the existence of children with disabilities, etc., and places a responsibility on government, institution and authority, to provide the needed protection measures to ensure the child’s integration, dignity, and individual, cultural and moral development.
An impressive aspect of this piece of legislation, is the protection accorded an unborn child. Section 17(1) empowers a child to bring an action for damages, against a person for harm or injury caused to the child wilfully, recklessly, negligently, or through neglect before, during and after his/her birth. Section 17(2) and 17(3) of the CRA respectively, entitle an unborn child conceived during the life time of the father or mother, to consideration in the distribution of their estate, where any or both dies intestate.
Every child, no matter the circumstances of his/her birth, deserves the best and enjoys the full coverage of the law. These rights are not negotiable, and can be enforced against a parent, government or any authority or institution in whose care a child is placed. The major victims of these violations are children born out of wedlock, and the mothers in whose possession the children are abandoned or deserted, most times without the means to cater for them. These victims are not helpless, as succour and remedy can be found in the applicable legislation.
It must be noted that, similar provisions as contained in the CRA and the Child’s Rights Law of Cross River State, Law No. 4, 2009, are also contained in the Child Rights Law of
Lagos State, with significant modifications. It behooves the States that are yet to domesticate the Child Rights Act, to go ahead and do so, while those with existing laws on the subject, are admonished to educate and sensitise citizens on its existence and provisions. This way, the high level of violations and trampling on the rights of children, can be brought to a minimal rate, if not completely eradicated.
Daniel Kip, Human and Employment Rights Lawyer