UNDERSTANDING THE RIGHT OF A CHILD AGAINST SEXUAL EXPLOITATION AND ABUSE IN NIGERIA
INTRODUCTION
In the discourse on criminal liabilities for sexual crimes in Nigeria, apart from rape, much attention is usually not given to other sexual crimes such as sexual assault, sexual abuse, groping, child sexual abuse, defilement, sodomy, adultery, and sexual domestic violence, despite being statutorily provided for under various legislation. Sexual exploitation and abuse remain some of the most severe violations of human dignity, which in most cases affects children and vulnerable people. In Nigeria, the right to be protected from such acts is not only a moral imperative but a constitutionally and internationally recognized legal right.
There are legal instruments and institutions which are primarily aimed at protecting the human right from sexual exploitation and abuse. The relevant legislations in Nigeria includes but not limited to the Criminal Code Act, Penal Code Act, Child Rights Act, Violence Against Persons Act, etc. However, the implementation of these legal instruments still remains a major challenge.
This article will critically examine the legal framework that braces this right in Nigeria, as well as analyzing the enforcement issues and realistic reforms necessary to ensure comprehensive protection for children and other vulnerable group of persons.
The Legal Framework of the Right to Protection from Sexual Exploitation and Abuse
United Nations Convention on the Rights of the Child (CRC), 1989.
Nigeria is party to several binding international treaties that emphasize the protection of children from sexual exploitation. One of such international instrument is the United Nations Convention on the Rights of the Child (CRC), 1989.
Article 34 of CRC mandates State Parties to protect children from “all forms of sexual exploitation and sexual abuse.”
The Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, 2000 requires States to criminalize the sale and exploitation of children in all its forms.
African Charter on the Rights and Welfare of the Child (ACRWC), 1990
Nigeria ratified the ACRWC, 1990 on the 23rd July, 2001 and the implication of the said ratification is its legal obligations to enact or domestic laws that safeguard these rights and implement the law accordingly. Article 27 of ACRWC provides that children shall be protected from all forms of sexual exploitation and sexual abuse.
The Child Rights Act (CRA), 2003
It will be safe to note that the CRA is a domestication of the principles contained in the UN Convention on the Rights of the Child as well as the African Charter on the Rights and Welfare of the Child. Owing to the fact that the CRA is a national legislative measure to achieve the protection of a child, it adequately provides that a child shall not be used for the purpose of prostitution, domestic or sexual labour or for any unlawful or immoral purpose; or be procured for prostitution or for the production of pornography or for any pornographic performance.
The CRA guarantees the right of the child to protection from all forms of sexual abuse and exploitation. It defines a child as a person under the age of 18 and criminalizes involvement of children in any form of sexual activity or pornography. It is also interesting to note that that Section 31 of the CRA has made sexual intercourse with a child a strict liability offence. It explicitly provides that no person shall have sexual intercourse with a child as such sexual intercourse constitute rape and punishable on conviction to imprisonment for life.
The law also provides that it is immaterial that the offender believed the person to be of or above the age of eighteen years or that the child consented to the sexual intercourse.
Other notable legal frameworks includes:
The Violence Against Persons (Prohibition) Act (VAPP), 2015
This law, applicable in the Federal Capital Territory and adopted by some states, expands the definitions of sexual abuse and provides mechanisms for victim support and compensation.
Criminal Code Act (Applicable to Southern Nigeria)
Sections 218 and 221 of the Criminal Code criminalize unlawful carnal knowledge of girls under 13 and 16 years respectively, even with consent.
Penal Code (Northern Nigeria)
The Penal Code Contains similar provisions to that of the Criminal Code Act, but it is often influenced by religious laws, creating interpretative variance.
NIGERIAN 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED)
The Constitution did not explicitly provide for sexual abuse. However, Section 34(1) provides that “every individual is entitled to respect for the dignity of his person,” this includes protection from degrading treatment.
WHERE BOTH PARTIES ARE MINORS
A child is a person below the age of 18, and in a case where the victim and the perpetrator are minors the law must tread cautiously and the legal system is often confronted with weighing the best interest of the child. Criminal liability is not usually attached to consensual sexual acts between minors of similar ages.
ENFORCEMENT AND IMPLEMENTATION CHALLENGES
Irrespective of the fact that there are extensive legal regime in Nigeria on the right of the child against sexual exploitation, enforcement remains weak due to several factors such as, inadequate domestication of the CRA. Over 10 northern states have not yet domesticated the Child Rights Act, limiting its enforceability and leaving children vulnerable in those states. Similarly, there is a social and cultural barriers and stigmatization discourage survivors from reporting abuse. In some communities, rape and exploitation are resolved through informal settlements or even forced marriages.
Also, there is weak enforcement of the substantive laws as law enforcement officers, medical personnel, and judicial officers often lacks adequate training in child sensitive procedures.
However, a major recommendation to some of these challenge is to implement a nationwide public sexuality education even in schools and also empower children with knowledge on consent and available reporting mechanisms.
CONCLUSION
The protection and rehabilitation of victims are essential and in some cases compensation of the child victim of sexual exploitation should take priority but without less attention to the prosecution and severe punishment of the perpetrators. This is because the right to protection from sexual exploitation and abuse of a child is fundamental, non negotiable, and legally enforceable in Nigeria. While Nigeria has made commendable strides in developing a legal framework, meaningful enforcement and cultural transformation remain critical. Until the laws are applied and enforced, institutions held accountable, and victims adequately supported, the legal protections will remain objective in Nigeria.
References:
UN Convention on the Rights of the Child (1989)
African Charter on the Rights and Welfare of the Child (1990)
Child Rights Act, 2003 (Nigeria)
Violence Against Persons (Prohibition) Act, 2015
Criminal Code Act, Cap C38, LFN 2004
Penal Code Law of Northern Nigeria
The 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Moninuola Ifayomi, Parveen Ali & Katie Ellis, “Child Sexual Abuse in Nigeria: A Systematic Review” Trauma, Violence, & Abuse 2024, Vol. 25 (5) 3597-3614.
Article by Honour Happy-John Esq.
Photocredit: Unsplash