DOMESTICATION OF THE CHILD’S RIGHTS ACT, 2003 IN KADUNA STATE: CHALLENGES AND PROSPECTS

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Author

Presented To

Department of Law

ABSTRACT
The Child’s Rights Act 2003 (CRA) is a product of International and Regional legal frameworks on the rights of the child as treaties. It was enacted into law as required by the Constitution Federal Republic of Nigeria to have force of law in the country subject to ratification by states of the Federation and adoption by individualStates for the promotion and protection of the rights of the child. Kaduna State among few other states has not yet adopted or domesticated the CRA. There are currently some child’s rights related laws operational in Kaduna State which are either holistic or partial such as the Constitution, Children and Young Person’s Law of Kaduna State, Kaduna State Infant Edict, Kaduna State Legitimacy Law, the Penal Code, ShariaPenal Code, Labour Act and Matrimonial Cause Act. The operational Laws are characterized with some deficiencies hence, the need for CRA in Kaduna State. The research is associated with problems such as Constitutional, Religious, Socio-Cultural, Economic, Administrative, awareness and non-implementation and enforcement. The domestication of CRA is faced with some challenges flowing from the above stated problems such as non-compliance with the requirement of the constitution and inconsistencies of some provisions of the CRA with the Constitution, controversial provisions of the CRA in relation to religions, poor economic standard of the people of Kaduna, poor administrative synergy between concerned stakeholders, lack of awareness and non-implementation and enforcement of CRA in other states of the federation. There are prospects for the domestication of CRA in Kaduna State amidst the challenges if the government and stakeholders can amend or modify some provisions of the CRA, warrant friendly economic standard, educate or give orientation on some socio-cultural practices, implement existing laws appropriately. The research made some findings among others viz: violation of Constitutional provisions in the enactment of CRA, other laws in Kaduna contemplate people’s interests, only Muslims contest against the CRA, economic situation in Kaduna State is not favourable and failure of government to observe its responsibilities. Based on the said findings, the following are recommended: consideration of supremacy of the Constitution, interest of the people, there should be collective protest against controversial provisions of the law and finally the government should live up to its responsibilities. The research embarked on doctrinal and empirical research methodology to source materials and facts to make the research a success.