ABUSING CHILDEN AND YOUNG PEOPLE IN OUR SCHOOLS

 ABUSING CHILDREN AND YOUNG PEOPLE IN OUR SCHOOLS.

INTRODUCTION

Abuse of persons debases humanity. The way things are done in our family, workplace, and Schools with regard to children and young persons might amount to abuse negligently.

WHAT IS CHILD ABUSE?

The phrase, Child abuse has taken a new place in present-day Nigeria particularly when it was made popular during the move to legislate on the right of the child. Unfortunately, the phrase was not defined by the laws as what is defined is the word “child”. The laws in this area focused on the prevention of abuse and the protection of the rights and privileges of children. Who then is a child under the law applicable in Nigeria?

The Child Right Act 2003, and the Rivers State Child Rights Law 2009 define a “child” to mean a person under the age of eighteen years. Whereas the Lagos State Children and Young Person’s law, defines a ‘child’ to mean ‘a person under the age of fourteen’ and went further to define a ’young person’ to mean a person who has attained the age of fourteen years and is under the age of eighteen years. These laws are the same because they all cover people of the same age bracket in Nigeria and therefore are not inconsistent with each other. 

To arrive at the complete meaning of the phrase child abuse, we also need to know what the law says the word ‘abuse’ means since we have to understand who a child is. In the law, the word ‘abuse’, refers first, to a departure from legal or reasonable use, a misuse thereof. Secondly, it refers to physical or mental maltreatment, often resulting in mental, emotional, sexual, or physical injury [see BLACK’S LAW DICTIONARY, 9TH EDITION].

It therefore means when put together, “intentional or neglectful or emotional harm inflicted on a child, including sexual molestation; … An act or failure to act that presents an imminent risk of serious harm to a child” [ see BLACT’S LAW DICTIONARY].

 From the above one can boldly assert that child abuse is prevalent in our communities. The strange aspect of the abuse of children is that they are carried out by those who ought to love, protect and prevent the abuse of children, that is parents/guardians and teachers in schools. This is observably neglectful acts or failure to act appropriately. And the painful aspect is the impediment this culture of impunity of parents and teachers has caused children and their mental growth in Nigeria and the societal value structure of the fabric of our human relations.

THE RIGHTS OF CHILDREN AND YOUNG PERSONS.

We know now that a child is a human being that the child breathes, feels, hears, sees, talks, and laughs. And if a child can do these many things which are natural to him or her, it is safe and natural to say that the child has a basic right given to him or her by the creator and not given to the child by the parents, guardian, teachers or the government. It, therefore, means that we will be helping the mental, social, and spiritual growth of a child when we not only identify but allows the child to enjoy human rights and privileges as a human being.

The United Nations Organization [UNO] in the Universal Declaration of Human Rights recognized 30 human rights that are basic and inalienable to every human being including children. All member countries of the UNO have subscribed to the Universal Declaration of Human Rights and have subsequently domesticated it in their constitution like our country Nigeria. In Africa, we have also the African Charter on Human and Peoples Rights, which also forms part of Nigerian Law. These international and domestic laws on Human rights show how important they are to every human being including children.

Focusing on the child when the country Nigeria returned to civil rule in 1999 the right of children continued to be violated and numerous abuses of children were reported. In Nigeria, the Child Right Act came to be in 2003 and categorically states that Chapter Four of the 1999 Constitution which provides for Fundamental Human Rights applies to the Child Right Act, and the Child Right Act emphasizes the following rights:

1. Right of the child to survival and development

2. Right of the child to have a name

3. Freedom of associations and peaceful assembly

4. Freedom of thought, conscience, and religion

5. Right of the child to private and family life

6. Right of the child to freedom of movement

7. Right of the child to freedom from discrimination

8. Right of the Child to the dignity of the human person

9. Right of the child to leisure, recreation, and cultural activities

10. Right of the child to health and health services

11. Right of the child to parental care, protection, and maintenance

12. Right of a child to free, compulsory, and universal basic education 

13. Right of Children in Need of Special need protection measure

14. Right of the unborn child to protection against harm

15. Contractual right of a child

16. Responsibilities of a child and parent

17. Parent, etc to provide guidance with respect to the child’s responsibilities  

The Child Right Act of 2003 also provides for the protection of children from forced and compulsory labor which are prevalent in our schools, particularly secondary schools today.

The fabric of the law in its real intent is to stop child abuse in the family, school, and communities. And to improve our humanity and value for human life even if it is the life of a child or even the unborn child. However, abuse goes on in Nigerian schools where we have a high concentration of children and young persons since 99% of students in Secondary schools down to nursery are under the age of eighteen. Among the abuse of children in school that cost these children physical harm and psychological and mental hurt is weeping or flogging in the name of discipline or punishment, which acts are forbidden by laws like the Child Right Act and the Universal Basic Education Act [UBE] both National and the State laws.

Flogging of a child no matter the circumstance is punishable under the laws. But no parent or teacher has been prosecuted by the police or the state because of ignorance both on the part of the parents and the police and the children who are victims of these abuses are degraded and psychologically brutalized and they grow with feelings of anger and complex, and these on many occasions result to anti-social behaviors in our society.

I will be very quick to explain the misconception of the idea of Discipline as distinct from punishment. Following the laws mentioned above what parents and most teachers do to children is abuse in the name of punishment which dictionary definitions means ‘infliction’ and ‘imposition’ of a penalty which in many circumstances constitutes harm to the child. Whereas discipline as a noun and a verb connotes ‘improvement’ and ‘development’ of children’s behavior through instruction and practice. It is therefore surprising the misapplication of intention in this country by parents and teachers of the terms discipline and punishment.

It is hoped that with a better understanding of the idea of discipline parents and teachers will bless the lives of children in our society since children cannot speak for themselves parents and teachers have to prioritize the protection and preservation of the rights and privileges of children by showing more spirit of love and correction of mistakes made by our children.

It is not only during the punishment of children by flogging, beating, weeping, forced labor, and starvation that children loss their dignity and humanity. Our children lose their dignity and are degraded when their rights to thought, conscience, and religion are violated. It is a common thing to see and hear adults act and say things that express the wrong view that children cannot think and act for themselves, which is why they must be acted upon. In schools for an instant, managements make rules and regulations without impute from children. In Public schools that are not religious schools, General Assemblies have been turned to religious devotions where children are forced to participate in religious practices contrary to their religion. This is not only wrong morally, it is prohibited by many laws and by the highest law of the land, the Constitution. And the schools breach these laws with impunity.

Further, in public secondary schools that are not seminaries, we hear of Chapel Prefects, but not of Mosque Prefects and Shrine Prefects. As strange as this may sound, it touches on the depth of institutional disrespect to freedom to the right of religious belief as different from religious tolerance. It would be better and more in compliance with the law to have Prefects on Religious Affairs [if necessary].

We have to know that when children are brought up according to the law by adults, they will follow the rule of law. It therefore means that abuse goes on daily in our homes and schools at times intentionally as well as by neglect. It is for these reasons that caregivers, schools, and teachers in schools be introduced to the basic laws of the land, such as the Constitution and other laws affecting the welfare of Children and Young people to enable all of us to be involved in raising children that will be virtuous to change the world.

In conclusion, it is very clear that a child is a person under the age of 18 and these are the set of people we find in our primary and secondary schools. That the presence of cane or weep used in flogging children in school degrades and abuses the child and is a violation of the laws of the land. Parents and teachers in schools should lead children by example of obedience to the laws of the land so that when these children grow up they will follow suit. The law has also made it clear that converting Morning Assemblies to religious devotionals offends the law. And we request the supervision of schools and the protection of the rights of children by enforcement of the law against offenders.

Ike Ake Esq.

Legal Practitioner.