The Challenge of Domesticating Children's Rights Treaties in Nigeria and Alternative Legal Avenues for Protecting Children

Ogunniyi, Daniel

Abstract

The domestication of child-related treaties is not a straightforward process in Nigeria. Unlike treaties with another thematic focus, the majority of constituent states must give their full consent before any child-related instrument may be domesticated at the federal level and subsequently re-enacted in the domestic states. In many ways, the plural legal orders in the country and the differing perceptions of childhood make consensus difficult to achieve in terms of child rights legislation. In this regard, even though the UN Convention on the Rights of the Child has been domesticated (through a contestable procedure), 11 of Nigeria's 36 constituent states have failed to re-enact the domesticating instrument. This study elaborates on this problem, and then examines some instruments that are not affected by the domestication challenges and may offer useful protection to children with regard to certain sectoral aspects, especially child labour and child trafficking.

Citation

Ogunniyi, D. (2018). The Challenge of Domesticating Children's Rights Treaties in Nigeria and Alternative Legal Avenues for Protecting Children. Journal of African Law, 62(3), 447-470. https://doi.org/10.1017/S0021855318000232

• Journal Article Type: Article
• Acceptance Date: Oct 9, 2018
• Online Publication Date: Oct 2, 2018
• Publication Date: Oct 1, 2018
• Deposit Date: Oct 4, 2024
• Journal: Journal of African Law
• Print ISSN: 0021-8553
• Electronic ISSN: 1464-3731
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 62
• Issue: 3
• Pages: 447-470
• DOI: https://doi.org/10.1017/S0021855318000232
• Public URL: https://hull-repository.worktribe.com/output/4861028