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Dangers of sexual abuse – Girl child abuse in Nigeria
Sexual abuse is any unwanted sexual activity, with perpetrators using force, threats, manipulation, or taking advantage of victims who are unable to give consent.
It can happen to anyone regardless of age, gender, race, background, or sexual orientation.
Forms of Sexual Abuse
Sexual abuse can take many forms, including:
- Rape or attempted rape
- Child sexual abuse or exploitation
- Sexual assault (any non-consensual sexual touching)
- Sexual harassment (verbal or physical)
- Incest (sexual abuse within a family)
- Coercion (forcing or pressuring someone into sex)
- Online sexual exploitation, such as grooming, sextortion, or sharing explicit images without consent
The Impact
The effects of sexual abuse are profound and can be long-lasting. Survivors may experience:
- Emotional trauma (depression, anxiety, PTSD)
- Physical injuries or health issues
- Feelings of shame, guilt, or self-blame
- Difficulty trusting others or maintaining relationships
- Academic or work-related struggles
- Suicidal thoughts or behaviors
It’s important to note that the abuse is never the victim’s fault.
Recognizing the Signs
Sexual abuse is often hidden. Some signs that someone may be experiencing abuse include:
- Sudden changes in behavior or mood
- Withdrawal from friends or activities
- Avoiding certain people or places
- Unexplained injuries or discomfort
- Fearfulness or anxiety, especially around certain individuals
- Sexual knowledge or behavior that is inappropriate for age (in children)
What to Do if You or Someone You Know Is Being Abused
If you or someone you know is experiencing sexual abuse:
- Believe the victim. It takes immense courage to speak up.
- Ensure safety. Help them get to a safe environment.
- Report the abuse. Contact local authorities or a trusted institution.
- Seek support. There are hotlines, counselors, and organizations that specialize in supporting survivors.
- Avoid victim-blaming. Focus on listening and offering compassion.
Final Thoughts
Sexual abuse is a deeply harmful violation of a person’s body, trust, and autonomy. Ending sexual abuse begins with awareness, education, listening to survivors, and holding perpetrators accountable. By breaking the silence and fostering supportive, informed communities, we can create a safer world for everyone.
Child sexual abuse in Nigeria on the point of law
Sexual abuse is a criminal offence under several sections of chapter 21 of the country’s Criminal Code. The legal age of consent is 18 years.
A 2015 report by the United Nations Children Fund (UNICEF) found that one in four girls and one in ten boys in Nigeria had experienced sexual violence before the age of 18.
A survey conducted by Positive Action for Treatment Access revealed that over 31.4% of girls reported their first sexual experience was rape or some form of coerced sex
The Centre for Environment, Human Rights and Development reported that 1,200 cases of rape involving girls were documented in 2012 in River state, located in the southeastern coastal region of Nigeria.
According to UNICEF, six out of ten Nigerian children experience some form of emotional, physical, or sexual abuse before turning 18, with half experiencing physical violence.
Cases of abuse have also been reported in religious contexts, including within Protestant denominations and among some Muslim communities practicing polygamy.
Young girls
Conditions that increase the risk of sexual assault on young girls in Nigeria include environments such as schools and baby factories. The practice of child labour also encourages such assault. Studies conducted in Nigeria have shown that young girls constitute the majority of reported sexual assault victims in hospital settings.
A four-year review of sexual assault cases at the Lagos state university teaching Hospital {LASUTH) conducted between 2008 and December 2012, found that out of 287 reported cases, 83% of the victims were under the age of 19.
A one-year survey conducted at Enugu State University Teaching Hospital between 2012 and 2013 revealed that 70% of sexual assault victims were under the age of 18. The study also revealed that in the majority of cases, the victims were personally acquainted with the perpetrators. Most of the assaults took place in uncompleted buildings or at the residences of either the victim or the perpetrator.
Child labour
One of the traditional means of socialization for children is through trading. However, the involvement of young girls in street trading has been identified as a factor that increases their vulnerability to sexual harassment. Studies have linked the sexual abuse of young girls in Nigeria to the broader issue of child labour.
Baby factories
Religious and communal stigma surrounding surrogacy and adoption has contributed to the emergence and proliferation of so-called baby factories in Nigeria. Many of the female victims in these facilities are adolescents.
While a majority of girls in these settings are pregnant upon arrival, reports also indicate that some are abducted or trafficked into the facilities. In some instances, girls are subjected to sexual abuse with the sole intent of procreation.
Poor parenting
Poverty and lack of access to financial resources have been identified as contributing factors to child sexual abuse in Nigeria. When parents are unable to adequately provide for or supervise their children, it increases the risk of exploitation and abuse.
2. Sexual Abuse: Legal Definition and Protections
What is Sexual Abuse?
In legal terms, sexual abuse refers to any non-consensual sexual act or behavior that is forced, coerced, or manipulated, and is recognized as a criminal offense under various national and international laws. It includes a range of acts from unwanted touching to rape and exploitation.
Key Legal Concepts
- Consent: The cornerstone of sexual offense laws. Consent must be freely given, informed, and reversible. Lack of consent makes a sexual act illegal.
- Capacity to Consent: Certain individuals, such as minors or persons with intellectual disabilities, are deemed legally unable to consent.
- Aggravating Circumstances: Abuse involving force, threats, authority figures, or vulnerable victims typically results in harsher penalties.
Forms of Sexual Abuse Recognized in Law
- Rape – Non-consensual sexual penetration.
- Sexual Assault – Non-consensual sexual contact or touching.
- Child Sexual Abuse – Sexual activity with or directed at a minor.
- Sexual Harassment – Unwelcome sexual advances or conduct, often in workplaces or institutions.
- Marital Rape – Non-consensual sex within marriage, recognized in many jurisdictions.
- Sexual Exploitation – Using a position of power to coerce or manipulate someone into sexual activity.
- Online Sexual Abuse – Includes grooming, sextortion, and non-consensual sharing of sexual images.
Relevant Laws and Acts (Examples – Update based on jurisdiction)
- The Protection of Children from Sexual Offences (POCSO) Act
- Sexual Offences Act (UK)
- Title IX (U.S. – covers sexual misconduct in educational institutions)
- The Criminal Law (Amendment) Act – Introduced stricter punishments for rape and related offenses
- International Human Rights Law – CEDAW, CRC, and ICC statutes
Rights of Survivors
- Right to report the crime without fear of retaliation.
- Right to privacy during investigation and trial.
- Right to legal aid and representation.
- Right to medical and psychological care.
- Right to compensation from state or offenders (in some jurisdictions).
- Right to protection from the accused during and after trial.
Reporting and Legal Process
- Filing a Complaint – At a police station or via online portals.
- Medical Examination – Conducted with consent, critical for evidence.
- Investigation – Carried out by police or special units (e.g., Women and Child Protection Cells).
- Trial – Conducted in a special court; survivors may give testimony via video or behind screens.
- Judgment & Sentencing – Based on evidence, witness credibility, and legal arguments.
Challenges in Enforcement
- Underreporting due to stigma or fear
- Victim-blaming attitudes
- Delays in trial
- Inadequate protection and support services
- Lack of training among law enforcement and judiciary
Legal Reforms and Way Forward
- Establishment of fast-track courts
- Victim-friendly procedures (e.g., one-stop crisis centers)
- Mandatory gender sensitization training for police and judges
- Amendments to close loopholes (e.g., marital rape, digital abuse)
Resources and Helplines
- Legal Aid Services – Offered by national or state legal services authorities.
- Police Helpline – Emergency number (e.g., 100 or 112).
- Online FIRs – In many jurisdictions, sexual abuse can be reported online.
- Bar Associations and NGOs – Provide pro bono legal and psychological support.
Conclusion
Sexual abuse is not just a moral or social issue—it is a grave violation of law and human rights. The legal system plays a crucial role in protecting victims, prosecuting offenders, and ensuring justice. Increasing awareness of legal rights and processes is essential to combat and prevent sexual abuse effectively.
3. Child Marriage in Nigeria: Legal, Cultural, and Human Rights Perspectives
Overview
Child marriage is defined as any formal or informal union where at least one of the parties is under the age of 18. In Nigeria, child marriage remains a deeply rooted practice, particularly in certain regions, despite legal prohibitions and international commitments.
According to UNICEF, Nigeria has one of the highest rates of child marriage in the world, with 43% of girls married before age 18, and 16% before age 15.
Legal Framework on Child Marriage in Nigeria
1. The Nigerian Constitution (1999)
- Section 29(4)(b) has been the subject of controversy. It states that “any woman who is married shall be deemed to be of full age.” Critics argue this can be interpreted to legitimize child marriage, particularly when applied to girls.
- However, the Constitution also upholds the right to dignity, education, and protection from inhuman treatment, which child marriage often violates.
2. Child Rights Act (CRA) 2003
- Section 21 of the CRA explicitly prohibits child marriage, declaring that no person under the age of 18 can be validly married.
- The Act also criminalizes betrothal of children and provides penalties for offenders.
- Challenge: The CRA is only applicable in states that have domesticated it. As of now, not all 36 states in Nigeria have adopted the law, especially in Northern states, where child marriage is more prevalent due to religious and cultural norms.
3. Marriage Act
- Sets the minimum age of marriage at 21 years without parental consent. With parental consent, marriage is allowed from age 18.
- However, the Act does not override customary and Islamic laws, which can permit marriage at younger ages.
4. Customary and Islamic Law
- Under some customary laws and interpretations of Islamic (Sharia) law, marriage may be permitted once a girl reaches puberty, regardless of age.
- This legal pluralism undermines the uniform enforcement of child marriage laws.
Cultural and Socioeconomic Drivers
- Poverty: Families often marry off daughters early to reduce financial burdens or receive bride price.
- Gender inequality: Girls are often valued less than boys and seen as economic dependents.
- Lack of education: Many girls are denied access to school and are instead married off.
- Religious/cultural practices: In some regions, child marriage is seen as a means to preserve family honor or prevent premarital sex.
Consequences of Child Marriage
- Health risks: Early pregnancy increases maternal and infant mortality; risks of obstetric fistula and complications are higher.
- Educational disruption: Most child brides drop out of school.
- Violence and abuse: Many child brides face domestic violence and marital rape.
- Poverty cycle: Limited education and autonomy keep women in poverty and dependent relationships.
- Violation of rights: Child marriage breaches rights to education, health, protection, and development.
International Commitments
Nigeria is a signatory to several treaties that prohibit child marriage, including:
- The Convention on the Rights of the Child (CRC)
- The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- The African Charter on the Rights and Welfare of the Child
These instruments obligate Nigeria to take legal and administrative steps to eliminate child marriage.
Efforts to End Child Marriage
- Legislative advocacy to encourage all states to domesticate and enforce the Child Rights Act.
- Community outreach programs that engage religious and traditional leaders.
- Educational campaigns to promote girls’ rights and access to schooling.
- Conditional cash transfers and scholarship programs to support families who keep their daughters in school.
Challenges to Enforcement
- Legal pluralism (conflict between federal law, customary law, and Sharia)
- Weak institutional capacity for enforcement
- Social acceptance of child marriage in some regions
- Low awareness of legal rights among rural populations
Conclusion
Child marriage in Nigeria is both a legal and human rights issue. While national laws like the Child Rights Act offer strong protections, gaps in implementation and cultural resistance hinder progress. Ending child marriage requires a multifaceted approach: harmonizing laws, empowering girls through education, involving communities, and addressing poverty and gender inequality.
Further Reading & Legal References
- Child Rights Act 2003
- Nigerian Constitution 1999 (Section 29)
- Marriage Act (Cap M6, LFN 2004)
- UNICEF & UNFPA Reports on Child Marriage in Nigeria
- CEDAW Committee General Recommendations
4. Ages of Consent in Africa: Legal Framework and Regional Variations
What is the Age of Consent?
The age of consent is the minimum age at which an individual is considered legally competent to consent to sexual activity. Sexual relations with someone below this age are considered statutory rape, regardless of whether the person seemingly agreed.
In Africa, the age of consent varies widely between countries, typically ranging from 13 to 18 years, depending on local laws, cultural norms, and the influence of customary and religious law.
Overview by Region and Country
Note: Laws may be gender-specific or apply differently under civil, customary, or religious (e.g., Sharia) law. Below are civil/criminal law standards unless otherwise stated.
West Africa
Country Age of Consent Notes Nigeria 11–18 Varies: Federal law (11); CRA (18); Sharia law may allow younger ages based on puberty Ghana 16 Protected by the Criminal Offenses Act Senegal 16 Strict enforcement; penalties for violations Sierra Leone 18 One of the highest ages in the region Côte d’Ivoire 18 Aligned with international norms
East Africa
Country Age of Consent Notes Kenya 18 Clear and strictly enforced under Sexual Offenses Act Uganda 18 Child marriage and sexual abuse laws align Tanzania 18 Exceptions for marriage with parental consent Ethiopia 18 Aligned with criminal code reforms Rwanda 18 Gender-equal application of the law
Central Africa
Country Age of Consent Notes Cameroon 16 Protected under Penal Code DR Congo 18 Recent reforms increased the age Chad 13 Among the lowest in Africa; criticized by rights groups Central African Republic 18 Harmonized with CRC standards
Southern Africa
| Country | Age of Consent | Notes |
| South Africa | 16 | Gender-neutral and includes “close-in-age” exemptions |
| Zimbabwe | 16 | Consent below 16 is unlawful; constitutional court has pushed for reform |
| Namibia | 16 | Strong protections for minors |
| Botswana | 18 | Consistent with Child Protection laws |
| Zambia | 16 | But child marriage laws conflict in practice |
North Africa
Country Age of Consent Notes Egypt No set age in penal code Sexual activity outside marriage is criminalized; marriageable age is 18 Morocco No clear age Sexual relations outside marriage are criminal; legal marriage age is 18, but judicial waivers are common Algeria No legal provision Only within marriage; marriageable age is 19 for men and women Tunisia 16 Sexual relations with minors punishable regardless of consent Libya No clear standard Sexual activity outside marriage is prohibited; influenced by Islamic law
Issues and Considerations
1. Legal Inconsistencies
Many African countries have conflicting laws:
- A child may be married off at 16, yet the age of consent is 18.
- Customary or religious laws often override statutory protections.
2. Gender Inequality
In some countries, girls and boys face different ages of consent or legal consequences.
3. Child Marriage Loopholes
Marriage often serves as a legal shield against prosecution for sex with a minor. In some regions, parental consent or religious approval allows marriage below the age of 18, undermining consent laws.
4. Close-in-Age Exemptions
Some countries (like South Africa) include “Romeo and Juliet” clauses, which protect minors engaging in consensual sex with peers within a certain age range.
5. International Law Influence
African nations are party to instruments such as:
- Convention on the Rights of the Child (CRC)
- African Charter on the Rights and Welfare of the Child
- CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
These instruments advocate for 18 as the minimum age for both consent and marriage, free from coercion.
Conclusion
The age of consent laws in Africa are diverse and complex, shaped by colonial legacies, religious doctrine, and evolving social norms. While many countries are aligning with international human rights standards, gaps remain, especially in regions where customary and religious practices prevail.
Achieving consistency and full protection for children and young people will require:
- Legal reform
- Public education
- Empowering youth
- Closing loopholes around child marriage and gender bias
Paternity Fraud in Nigeria: Legal, Social, and Ethical Implications
What is Paternity Fraud?
Paternity fraud occurs when a woman misidentifies a man as the biological father of her child—knowingly or negligently—often leading the man to take financial, emotional, or legal responsibility for a child that is not biologically his.
In Nigeria, this issue has gained increasing public attention due to:
- Advances in DNA testing
- Rise in public paternity disputes
- Legal challenges regarding child support, inheritance, and marital trust
Legal Framework in Nigeria
1. Lack of Specific Legislation
Currently, there is no specific law in Nigeria that directly addresses paternity fraud as a standalone criminal offense. However, several areas of Nigerian law are implicated:
2. Relevant Legal Provisions
a. Matrimonial Causes Act (MCA)
- Governs matters relating to divorce, custody, and maintenance.
- A man who suspects paternity fraud during marriage can file for divorce on grounds of adultery, deceit, or intolerable conduct.
b. Criminal Code (Southern Nigeria) / Penal Code (Northern Nigeria)
- Section 417 of the Criminal Code criminalizes false information or representation, which may be invoked in certain paternity fraud cases.
- Cheating or obtaining by false pretenses (Section 419 – “419 fraud”) may apply if financial support is gained through intentional deception.
c. Child’s Rights Act (2003)
- Recognizes the best interest of the child, meaning disputes must consider the psychological and emotional stability of the child involved.
d. Evidence Act (2011)
- Section 84 allows DNA evidence as admissible in court.
- Courts increasingly rely on DNA tests in paternity disputes during divorce or custody cases.
DNA Testing in Nigeria
- DNA tests are increasingly used to confirm or dispute paternity, particularly in custody battles, inheritance claims, or divorce proceedings.
- While voluntary DNA testing is common, courts can order compulsory testing if deemed necessary in a legal dispute.
- However, there is no unified national policy regulating DNA test procedures or protecting individuals from misuse or fraud.
Consequences of Paternity Fraud
1. Legal Consequences
- Civil claims for damages, emotional distress, or refund of child maintenance (though rare).
- Potential for criminal charges (fraud, deceit), though prosecution is uncommon.
- Inheritance disputes can be re-opened if biological paternity is disproved.
2. Social and Ethical Implications
- Emotional trauma and betrayal for the deceived parent
- Identity crisis or emotional harm for the child
- Breakdown of trust in marriages or relationships
- Social stigma and reputational damage
High-Profile Cases and Public Reaction
- Several well-publicized cases in Nigeria have highlighted the prevalence of paternity fraud, particularly among affluent families.
- Social media trends like “DNA Test is a Must” reflect growing public skepticism and demand for routine paternity verification.
- Critics argue that mandatory DNA testing may violate privacy, erode trust, and stigmatize women, especially in low-income or rural communities.
Ethical and Policy Considerations
Should DNA Testing Be Mandatory at Birth?
Some advocate for mandatory DNA tests at birth to prevent paternity fraud. However, this raises:
- Human rights concerns
- Cost and access barriers
- Psychological impact on families
- Potential increase in family instability
Need for Legal Reform
- Define paternity fraud under Nigerian law
- Establish legal remedies for victims (e.g., reimbursement for false child support)
- Protect children’s rights regardless of biological parentage
- Regulate DNA testing to prevent abuse or misuse of results
Conclusion
Paternity fraud in Nigeria highlights a complex intersection of law, science, morality, and social values. While DNA technology offers clarity, the absence of specific legal frameworks leaves gaps in justice, accountability, and protection for all parties involved—especially the children.
A national conversation on ethical DNA use, legal accountability, and family trust is urgently needed, alongside legislative efforts to address paternity fraud transparently and compassionately.
Further Reading and Legal References
- Matrimonial Causes Act (Cap M7 LFN 2004)
- Child’s Rights Act 2003
- Evidence Act 2011 (Section 84)
- Criminal Code Act, Cap C38 LFN 2004 (Section 417, 419)
Child Labour in Nigeria: Legal Framework, Causes, and Challenges
Definition of Child Labour
Child labour refers to work that is mentally, physically, socially, or morally harmful to children and interferes with their schooling or development. Not all work done by children qualifies as child labour—only that which deprives them of their childhood, potential, dignity, and is exploitative in nature.
According to the International Labour Organization (ILO), child labour includes:
- Work that is too dangerous
- Work that interferes with education
- Work that is exploitative or hazardous
Scope of the Problem in Nigeria
- An estimated 15 million children under the age of 14 are engaged in child labour in Nigeria (according to ILO and UNICEF reports).
- Common sectors include:
- Agriculture (e.g., farming, fishing)
- Street hawking
- Domestic work
- Artisanal mining
- Construction and informal sector jobs
Legal Framework in Nigeria
1. The Nigerian Constitution (1999)
- Section 17(3)(f) obligates the state to protect children from exploitation and abuse.
- Section 34 protects individuals from degrading treatment, which can include exploitative child labour.
2. Child’s Rights Act (CRA), 2003
- Section 28: Prohibits exploitative child labour.
- Defines exploitative labour as work that is likely to:
- Be hazardous
- Interfere with a child’s education
- Harm a child’s health or development
- Minimum employment age: 14 years
- Hazardous work minimum age: 18 years
- The Act is not uniformly implemented, as not all Nigerian states (especially in the North) have domesticated the CRA.
3. Labour Act (Cap L1, LFN 2004)
- Section 59: Prohibits employment of children below 12 years.
- Allows children aged 12–14 to work in light work, but prohibits hazardous jobs.
- Defines “young persons” as those aged 12–17 and provides specific rules for their employment.
- Critics argue the Act is outdated and not fully aligned with international standards.
4. International Conventions
Nigeria is a party to:
- ILO Convention No. 138 – Minimum Age Convention
- ILO Convention No. 182 – Worst Forms of Child Labour Convention
- UN Convention on the Rights of the Child (CRC)
- African Charter on the Rights and Welfare of the Child
Causes of Child Labour in Nigeria
- Poverty: Families rely on children’s income to survive.
- Lack of access to quality education: Many children work because school is unaffordable or unavailable.
- Cultural practices: In some communities, work is seen as a form of training or initiation.
- Weak enforcement of laws: Especially in rural and informal sectors.
- Conflict and displacement: Particularly in Northeast Nigeria, where insurgency has forced children into labour or exploitation.
Consequences of Child Labour
- Physical and psychological harm
- Increased school dropout rates
- Perpetuation of poverty cycles
- Involvement in crime or trafficking
- Loss of childhood and personal development
Efforts and Interventions
Government Initiatives
- Universal Basic Education (UBE) Act: Mandates free and compulsory education for children.
- National Policy on Child Labour (2013): Aims to eliminate child labour and mainstream child protection.
- National Steering Committee on Child Labour: Coordinates anti-child labour policies.
NGO and International Programs
- UNICEF, ILO, Save the Children, and local NGOs support child protection, education, and advocacy campaigns.
Challenges to Eradication
- Fragmented legal framework
- Inconsistent state-level enforcement
- Corruption and lack of political will
- Cultural resistance
- Limited social welfare and school infrastructure
Recommendations
- Domestication and enforcement of the Child Rights Act in all 36 states.
- Review and update the Labour Act to align with ILO standards.
- Strengthen school systems and incentives for poor families (e.g., school feeding, scholarships).
- Expand public awareness campaigns about the dangers and illegality of child labour.
- Support income-generating alternatives for parents and communities.
Conclusion
Child labour remains a significant legal, social, and moral challenge in Nigeria. While laws exist, weak enforcement and deep-rooted socio-economic factors continue to drive millions of children into work that deprives them of education, safety, and dignity. A comprehensive, multi-sectoral approach is essential to protect children, uphold their rights, and break the intergenerational cycle of poverty and exploitation.
Key Legal References
- Child’s Rights Act, 2003
- Labour Act (Cap L1, LFN 2004)
- Constitution of the Federal Republic of Nigeria (1999)
- ILO Conventions Nos. 138 and 182
- UN Convention on the Rights of the Child
Girl Child Labour in Nigeria: A Hidden Crisis
Introduction
Girl child labour in Nigeria is a pervasive yet often underreported issue that intersects gender, poverty, education, and human rights. While child labour affects both boys and girls, girls are disproportionately affected in certain sectors, often facing dual exploitation—as workers and as females.
According to UNICEF and ILO, millions of Nigerian girls are engaged in forms of labour that:
- Are exploitative and hazardous
- Interfere with their education
- Expose them to abuse, trafficking, and early marriage
Common Forms of Girl Child Labour in Nigeria
1. Domestic Work
- Girls are often employed as housemaids or domestic servants in urban households.
- They are vulnerable to long working hours, physical and sexual abuse, and social isolation.
- Most of this labour is invisible, as it occurs within private homes and is rarely reported.
2. Street Hawking
- In many cities, young girls sell goods like water, snacks, or household items on the street.
- This exposes them to road accidents, sexual violence, and trafficking.
- Many hawk during school hours, contributing to low school attendance.
3. Agricultural Labour
- In rural areas, girls help with weeding, planting, and harvesting.
- They often perform additional unpaid domestic chores after farm work.
4. Informal Sector Work
- Girls are seen working in markets, small-scale manufacturing, or manual labor (e.g., carrying loads or sorting waste).
- This work is usually underpaid, unregulated, and hazardous.
5. Early Marriage and Related Labour
- Child marriage—common in parts of Northern Nigeria—often leads girls into unpaid labour in their husband’s household.
- This constitutes a form of economic exploitation and gender-based violence.
Legal Protections and Gaps
Child’s Rights Act (CRA), 2003
- Prohibits exploitative labour and protects all children under 18.
- Section 28: Outlaws work that is harmful to a child’s health, education, or development.
- Enforcement is uneven, especially in states that have not yet domesticated the CRA (mainly in Northern Nigeria).
Labour Act (Cap L1, LFN 2004)
- Sets minimum age for employment at 12 years, but this law is outdated.
- Does not explicitly protect girl children from gender-based labour exploitation.
- No provisions addressing domestic labour or informal sector abuses.
International Conventions
Nigeria is a signatory to:
- ILO Convention No. 182 (Worst Forms of Child Labour)
- ILO Convention No. 138 (Minimum Age)
- UN Convention on the Rights of the Child
- CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
However, implementation remains weak due to limited political will, cultural resistance, and inadequate resources.
Factors Driving Girl Child Labour
- Poverty: Families may rely on girls’ earnings for survival.
- Gender Norms: Cultural beliefs often view girls as caregivers or helpers from a young age.
- Lack of Education: Many girls are pulled out of school to work or prepare for early marriage.
- Conflict and Displacement: Insecurity (especially in the Northeast) leads to high rates of trafficking and labour exploitation.
- Weak Law Enforcement: Perpetrators of abuse or illegal employment rarely face consequences.
Impact on the Girl Child
- Education: Interrupted or ended due to labour demands
- Health: Exposure to physical exhaustion, malnutrition, and abuse
- Psychosocial Effects: Trauma, low self-esteem, and loss of identity
- Cycle of Poverty: Limited education and skills lead to continued economic hardship
- Vulnerability to Gender-Based Violence (GBV): Especially in domestic or street environments
Recommendations
Legal and Policy Reform
- Update the Labour Act to raise the minimum employment age and explicitly prohibit domestic and informal child labour.
- Enforce the Child’s Rights Act nationwide, especially in states that have not adopted it.
Education and Empowerment
- Expand access to free, quality education for girls.
- Introduce school feeding and incentive programs to retain girls in school.
Community Awareness and Engagement
- Campaigns to shift harmful gender norms and practices.
- Educate families on the value of girl-child education and rights.
Social Protection and Support Services
- Provide economic support to poor families (e.g., cash transfers).
- Strengthen reporting systems, child protection agencies, and rehabilitation programs for girl child labourers.
Conclusion
Girl child labour in Nigeria is a gendered human rights issue that requires urgent attention. While existing laws provide a foundation, meaningful change depends on:
- Stronger enforcement mechanisms
- Community-driven solutions
- Investment in education, social services, and gender equality
Protecting girls from exploitative labour is not just a legal obligation—it is a moral and developmental imperative.
Key Legal References
- Child’s Rights Act (2003)
- Labour Act (Cap L1, LFN 2004)
- Constitution of the Federal Republic of Nigeria (1999)
- ILO Conventions Nos. 138 & 182
- CEDAW
Female Genital Mutilation in Nigeria: Legal, Cultural, and Human Rights Perspectives
What is Female Genital Mutilation (FGM)?
Female Genital Mutilation (FGM) refers to all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs, for non-medical reasons.
The World Health Organization (WHO) classifies FGM into four types, all of which are practiced in Nigeria:
- Type I: Clitoridectomy (partial/total removal of the clitoris)
- Type II: Excision (removal of the clitoris and labia minora)
- Type III: Infibulations (narrowing of the vaginal opening)
- Type IV: All other harmful procedures (pricking, piercing, cauterizing, etc.)
Prevalence of FGM in Nigeria
- Nigeria has one of the highest numbers of FGM cases globally, due to its large population.
- According to UNICEF:
- Around 19.9 million women and girls in Nigeria have undergone FGM.
- National prevalence (among women aged 15–49) is around 20%, but rates vary widely by region and ethnic group.
- Prevalence is highest in the South-East and South-West, especially among the Yoruba, Igbo, and Edo ethnic groups.
Reasons Behind the Practice
Despite global condemnation, FGM persists due to:
- Cultural beliefs: Seen as a rite of passage into womanhood
- Control of female sexuality: Believed to reduce promiscuity
- Marriageability: Uncut girls may be considered unfit for marriage
- Religious misconceptions: Some believe FGM is supported by religious teachings (although no major religion mandates it)
- Social pressure and tradition: Families fear stigma if they reject the practice
Legal Framework in Nigeria
1. The Violence Against Persons (Prohibition) Act (VAPP), 2015
- Section 6 criminalizes FGM and other harmful traditional practices.
- Offenders are liable to:
- Up to 4 years imprisonment or a fine of ₦200,000, or both.
- Also penalizes anyone who aids, abets, or encourages FGM.
- Limitations:
- The VAPP Act is a federal law, only applicable in the Federal Capital Territory (FCT) unless adopted by individual states.
2. State-Level Legislation
- As of now, over 20 states in Nigeria have domesticated laws prohibiting FGM.
- States like Ekiti, Ebonyi, Imo, and Osun have strong anti-FGM laws.
- However, enforcement remains weak, and many states have no specific penalties.
3. Child’s Rights Act (CRA), 2003
- Section 11(b) protects children from harmful traditional practices.
- FGM on minors may be prosecuted under child abuse or assault provisions.
4. Criminal and Penal Codes
- May apply in some regions under general provisions for bodily harm or assault, but do not specifically address FGM.
Human Rights Implications
FGM violates multiple rights, including:
- The right to health
- The right to bodily integrity
- The right to be free from torture and cruel treatment
- The rights of the child
FGM is recognized internationally as a violation of women’s and girls’ human rights, with Nigeria bound by:
- CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
- African Charter on the Rights and Welfare of the Child
- Maputo Protocol (African Protocol on the Rights of Women)
Health and Psychological Consequences
FGM has no health benefits and causes serious physical and psychological harm:
- Immediate effects: Severe pain, bleeding, shock, infection
- Long-term consequences: Infertility, childbirth complications, sexual dysfunction
- Mental health issues: Depression, PTSD, anxiety
Efforts to Combat FGM in Nigeria
Governmental Initiatives
- National and state-level anti-FGM campaigns
- Launch of National Policy and Plan of Action for the Elimination of FGM
- Public education through health workers, traditional leaders, and religious institutions
NGO and International Partnerships
- Organizations like UNICEF, UNFPA, WHO, and local civil society groups run awareness and abandonment programs.
- Some communities have conducted “public declarations” to abandon FGM.
Challenges to Elimination
- Cultural entrenchment: Viewed as a proud heritage in some communities
- Medicalization of FGM: Some health workers perform FGM in hospitals to reduce harm—this still violates the law
- Lack of enforcement: Few prosecutions due to stigma, silence, or community protection of offenders
- Limited awareness of legal rights: Especially in rural areas
Recommendations
- Strengthen enforcement of the VAPP Act and ensure adoption in all 36 states
- Train law enforcement and judiciary to handle FGM cases sensitively and effectively
- Educate communities about the legal, health, and human rights consequences of FGM
- Empower girls and women through education, advocacy, and support services
- Engage traditional and religious leaders as change agents
Conclusion
FGM in Nigeria is a grave violation of women’s and girls’ rights. While legislative progress has been made, enforcement, cultural change, and education remain critical to eliminating this harmful practice. A coordinated, community-centered, and rights-based approach is essential to protect future generations from FGM.
Key Legal References
- Violence Against Persons (Prohibition) Act, 2015
- Child’s Rights Act, 2003
- Constitution of the Federal Republic of Nigeria (1999)
- CEDAW
- Maputo Protocol
- African Charter on the Rights and Welfare of the Child
