Critical Analysis on the Right of Children to Education Under International Law

ABSTRACT  

The importance of children’s education in any given society is very critical to the social and economic development of that society particularly for its future attainment, advancement, and development.

To deny the child its right to education is to deny the Nation its critical development economically, socially, and otherwise. The need of the child ranging from feeding, clothing, accommodation, and capacity hangs on the shoulder of adults, parents, guardians, and the Government.

Because of their , they cannot cater for themselves hence they must be provided guidance, training, and care for meaningful contribution to society.

This task of educating the child for critical thinking and development lies in society. It was in recognition of this, that the right of children’s education has been entrenched in several International and Domestic legal Instruments.

However, there is the problem of implementation and enforcement of these extant laws as there are still so many uneducated, unfed and tattered children in the street engaged in hawking, child labor, begging, and so on.

And the resultant effect of this is that the social and economic landscape of the future generation in Nigeria cannot be guaranteed.

In this regard, therefore, the objective of this paper is to bridge the information gap by advocating adequate grassroots sensitization on the existence of these laws, make case for reforms of these enabling laws, and provide foundational research for further research in the knowledge area.

The methodology of the research adopted is both and empirical research methods.

TABLE OF CONTENTS

Title page . . . . . . . . . .
Declaration . . . . . . . . . . i
Certification . . . . . . . . . . ii
Dedication . . . . . . . . . . iii
Acknowledgements . . . . . . . . . iv
Abstract . . . . . . . . . . v
Table of Contents – – – – – – – – – vi -viii
Table of Statutes . . . . . . . . . ix
Table of Cases . . . . . . . . . x
Abbreviations . . . . . . . . . xi

CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of Study – – – – – – – 1
1.2 Statement of the Problem – – – – – – 6
1.3 Objectives of the Research – – – – – – 9
1.4 Scope of the Research – – – – – – – 10
1.5 Research Methodology – – – – – – – 11
1.6 Literature Review – – – – – – – 13
1.7 Justification – – – – – – – – 18
1.8 Organizational Layout – – – – – – – 18

CHAPTER TWO: CONCEPTUAL ANALYSIS OF CHILD RIGHTS
2.1 Introduction – – – – – – – – 20
2.2 The Legal meaning and Nature of Right – – – – – 20
2.3 Meaning and Nature of Child – – – – – – 30
2.4 Meaning and Nature of Education – – – – – 37

CHAPTER THREE: THE INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION
AND PROMOTION OF THE RIGHT OF CHILDREN TO EDUCATION.
3.1 Introduction – – – – – – – – 54
3.2 International Instrument on the Right of Children to Education – 55
3.3 Regional Instrument on the Right of Children to Education – – 71
3.4 Domestic Instrument on the Right of Children to Education – – 75
3.5 Constraints to enforcement – – – – – – 78
3.6 Impact of International Organization and Civil Societies in Nigeria – 82
3.7 Guidepost on future Direction – – – – – –

CHAPTER FOUR: PROBLEMS AND PROSPECTS
4.1 Introduction – – – – – – – – 94
4.2 Educational Factor – – – – – – – 94
4.3 Socio – economic Factors – – – – – – 96
4.4 Political and Religious Factors – – – – – – 99
4.5 Communal Factors – – – – – – – 101
4.6 Environmental Factors – – – – – – – 105

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – – 107
5.2 Findings – – – – – – – – – 108
5.3 Recommendations – – – – – – – 118
5.4 Bibliography – – – – – – – – – 119

INTRODUCTION

The childhood years have been identified as the most vulnerable years of one’s life, as the child1 to a very large extent depends on its parents or guardians for survival. Any omission or commission on the part of the parents or guardian can make or mar the child for life.

Under Public , the child is recognized as among the vulnerable persons whose rights must be protected and one of such rights that must be promoted and protected is the right to education.

It has been said that education and enlightenment are two nuclei to a proper understanding of what human rights are and the modus operandi in their enjoyment. So for a person to understand and appreciate the entirety of his rights as a human he must be educated first.

To deny a person education especially in his early years is akin to denial of life.It is also said that education is the greatest force that can be used to bring about change and also the greatest investment that a nation can make for the quick development of its economic, political, sociological, and .

A nation whose citizenry are majorly uneducated is sure to be underdeveloped and stagnated. Illiteracy has been traced as the major root cause of poverty and education is identified as the surest route out of poverty especially for most children in developing countries.

Public international law recognizes children’s right to education as a fundamental human right that guarantees the full enjoyment of all other rights as contained in international legal instruments.

In fact, under international law, every individual, irrespective of race, gender, nationality, ethnic or social origin, religious or political preference, age, or disability is entitled to free elementary education.

This right was explicitly enunciated in the (UDHR) 1948 which stated thus, “Everyone has the right to education. Education shall be free at least in the elementary and fundamental stages, Elementary education shall be compulsory…’ 

REFERENCES

International law and the Right to Education/Report to education www.right-to-education.org/nude/234 accessed 13/2/13
International legal investment for example:Universal Declaration on Human Right 1948 (UDHR), International Covenant on
Economic, Social and Cultural Right ( ICESCR) 1966, International Covenant on Cultural and political Right ( ICCPR) 196
Article I of the Convention on the Right of the Child (CRC) 1989. Note that the Declaration on the Right of
the Child 1924 and 1959 were precursor to the Convention on the Right of the Child.
Section 18, Constitution of the Federation Republic of Nigeria (CFRN) 1999 as amended.
World Declaration on the Rights of Child to Education 1999, Universal Declaration on Human Right 1948, Convention on the Right of the Child 1989 Act.
Arinze-Umobi, D.C., The Nigeria girl–child Right to Education and the Nexus with National Development
http/www. Right-to Education in Nigeria co. org. html accessed 21/11/12
Akande, I. F., Analysis on the Right to Democratic Governance under International Law. A case study of Domestic implementation in Nigeria, PHD Thesis (Unpublished), Faculty of law ABU Zaira, (2008) P. 31-32
Gasiokwu, M.U., Legal Research Methodology. The A – Z of Writing Thesis and Dissertation in a Nutshell, Fab Arich (Nig) Ltd 1993, P 13 – 16
Aboki Y. Introduction to Legal Research Methodology 2nd Edition, Temaza, Publishing Company Ltd. 2009 P. 60