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By Vivian Onyebukwa
Affiong Ene-Obong is a child rights specialist who developed an interest in law in order to make an impact in the justice system. She is the author of six published books: A Life Called Forever, After the Storm, A Slice of Heaven, Miracle in our Hearts, Children’s Rights, and Our Future. She is also a co-author of the book, Child Justice Administration in Nigeria: Principles, Procedure, and Practice.
In this interview, she highlights the rights of children, saying that child right adult offenders in all aspects, whether physical or sexual, should be meant to suffer punishment for it.
What are the key aspects of child’s rights?
The key aspects of child rights/child justice include best interests. The best interests of the child are the foundational principle in child justice and in all matters concerning children. Section 1 of the Child Rights Act 2003 provides that in every action concerning a child, whether undertaken by an individual, public or private body, institution or service, court of law, or administrative or legislative authority, the best interest of the child shall be the primary consideration non-Discrimination and Equality. A child shall not be subjected to any form of discrimination merely by reason of his belonging to a particular community or ethnic group, or by reason of his place of origin, sex, religion or political opinion. Also, no child shall be subjected to any disability or deprivation merely by reason of the circumstances of their birth as stated in section 10 of the Child Rights Act 2003 and Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). Another one is life, survival and development. The principle of life, survival and development is one of the pillars of children’s rights and a foundation principle in the law and procedure of child justice.
Article 6 of the United Nations Convention on the Rights of the Child (UNCRC) provides that states parties recognise that every child has the inherent right to life. States parties shall ensure to the maximum extent possible the survival and development of the child.
Right to be heard and participation is also another right of a child. Child participation is a core principle of child justice. It recognises the reality of the child being a rights holder, not simply an object of rights and decision-making but also an active participant in the process of achieving and implementing justice. The principle as explicitly defined in the International Convention on the Rights and Welfare of the Child provides that States parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. As human beings, children are recognised to have rights, legal personality and dignity, right at the stage of childhood not only when they become adults.
There is also the right to dignity. Dignity is a fundamental guarantee for every person, including children. Section 34 of the Nigerian Constitution and Section 11 of the Child Rights Act 2003, says every child (person) is entitled to respect for the dignity of his person. Dignity is inherent, meaning that by the fact of children being human beings, they shall be treated with respect for their inherent dignity regardless of the circumstance.
Rehabilitation is also a foundational principle of child justice, which stems from a central understanding that children, in addition to being human beings, are in the foundational phases of becoming adults. For children in conflict with the law, the principle of rehabilitation stems from the understanding that a child is not a finished moral actor whose future must be defined by the offence committed, but he or she is a developing person, capable of change and responsibility.
Reintegration is another fundamental principle of child justice. This principle requires that the justice system respond to children in a manner that facilitates their safe, constructive and dignified return to family life, education, community participation and broader social belonging. This principle advocates for total social inclusion.
Proportionality is equally a fundamental principle of child justice. This principle serves to restrain punitive severity and degrading punishment whilst at the same time ensuring that the response to the child offending is not trivializing or unsafe.
Violence against children occurs in homes, schools, communities, and other places where children don’t feel safe. Do you think the country is doing enough to protect children?
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Children experience violence in various forms, including physical, emotional and sexual. The abuse may occur anywhere in homes, schools, communities, and online. The impact of such violence can be traumatic which can lead to lifelong consequences. The reality in Nigeria is a far cry from other countries of the world. This is a call to action towards effective and sustainable legal education, strengthening institutions and collaboration between the government and individuals to enhance regulations for the effective implementation of child justice administration.
Do you think adults who abuse children sexually and physically are getting the right punishment for committing these offences?
In my opinion, adult offenders are not. Nigeria has laws that provide for the protection of children and prescribed penalties for various offences, but the challenge often lies in implementation and enforcement. Some violations go unreported, some cases are not adequately investigated, and others may not receive the attention they deserve. I believe the issue goes beyond the severity of the punishment prescribed by law. We must also consider whether offenders are being held accountable and whether the penalties imposed reflect the gravity of their offences. Where child rights violations are met with inadequate consequences, it can undermine public confidence in the justice system and weaken the deterrent effect of the law. Priority should be effective enforcement of existing laws, timely investigation and prosecution where appropriate, and a child justice system that places the protection and best interests of the child at its centre. We must move beyond having laws on paper to ensuring that those who violate children’s rights face appropriate consequences and that affected children receive the protection, support, and rehabilitation they need.
What penalty do you advocate for child rights offenders?
I advocate for penalties that are proportionate to the nature and severity of the violation, while prioritising the protection, rehabilitation and best interests of the child. Child rights violations should not be treated lightly; and offenders must be held accountable under the law. Depending on the offence, penalties may include fines, community service, protective or restraining orders, mandatory counselling, rehabilitation programmes, etc. However, punishment should go beyond penalising offenders to addressing the underlying factors that contribute to child rights violations and preventing their recurrence. I also believe that the effectiveness of these penalties depends on proper enforcement of existing child protection laws, public awareness, and strengthening the institutions responsible for child justice administration in Nigeria. We must move beyond having laws on paper to ensuring that children are genuinely protected and that violations have meaningful consequences. Ultimately, my position is that every child rights violation must attract an appropriate and enforceable consequence, with the response guided by the gravity of the offence, the protection of the child, and the need to prevent future violations.
Recently you published a book on Child Rights. Tell us about it.
The book is titled, “Children’s Rights, Our Future”. It is a book that educates children about their rights and will serve as a guide for educators, government and corporations to create opportunities for children’s rights to be understood, valued and upheld according to the provisions of the United Nations Convention on the Rights of the Child (UNCRC). Children’s Rights, Our Future is a creatively illustrated book written in simple terms for parents and children to learn from, understand and share stories about children’s rights.
What motivated you to write the book?
Children’s Rights, Our Future, was motivated by the desire to help children know, understand and exercise their rights. Children are right holders and must function optimally in the world with an understanding that their rights must be protected.
What are the lessons to learn from the book?
Children are right holders and as such entitled to their rights. The best interests of the child should be the primary consideration in matters concerning them. Children have the right to be heard and actively participate in matters concerning them.
Looking at the book, what advice do you have for parents?
Children’s rights education is a shared responsibility and as such parents must be aware and accountable to strengthening institutions, advocating for and collaborating with duty bearers to ensure that these rights are rightly recognized and protected.
Recently, the world celebrated International Day of The Girl Child. What do you advocate for the girl child?
Children are right holders and we must learn to invest in girls’ rights. This year’s International Day of the Girl themed, “End Child Marriage and Invest in Girls’ Rights”, is a call-to-action for governments, institutions and duty bearers to not only make the law known, but enforce it. Take child rights sensitization to rural areas and communicate in accessible language. Parents and guardians should understand the legal consequences of child marriage. Investigate reported cases and hold offenders accountable under the applicable law. Address poverty and family pressures without presenting marriage as the solution. Child marriage is a threat to a child’s life, health, education, safety and all round wellbeing.
