Child right protection #Child not Bride

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(This article was written in Nigeria over arguments that ensued in 2013 on Child marriage)
Oxford advanced learners dictionary 6th edition defineschild as “a young human being who is not yet an adult”. An adult is a fully grown person who is legally responsible for their actions. Also, laws defining who a child is have attributed Adult hood to the age of 18 (eighteen), therefore a child who hasn’t grown to the status of an adult is within the range of age 0 – 17.
Why then should we enforce marriage on a child who is not an adult, a child who is not legally responsible for his or her actions?
A CRITIQUE
Marriage is the union of a man and woman of marriageable age with the exclusion of others. It is worthy to note that the only law that has direct application to children in Nigeria is the CHILDREN AND YOUNG PERSONS LAW (CYPL), THE CHILDS RIGHT ACT 2003 IS ALSO APPLICABLE ON CHILDREN (SIGNED IN LAW ON THE 31ST DAY OF JULY 2003).
Flowing from the above crystal clear facts:
  • Marriage is the union of a man and woman, and not a boy AND girl
  • The respect, protection and enforcement of child’s right have from time immemorial being neglected by the government (in Nigeria, inclusive of federal legislators).
The essence of procreation has no universally accepted ground for ascertainment, opening the flood gates of arguments as to the responsibility of a child. But a child is expected to grow into an adult. Why then should responsibilities be conferred on someone, who is in entirety absolved of societal responsibilities?
BULLET POINTS FROM THE MORALIST VIEW
  • It is highly despicable that a new born girl child is already hooked up with an older man even before the adolescent stage, not even the age of maturity.
  • This is child molestation in disguise, which must not be encouraged by the government
  • She is a child , not a bride
  • If she doesn’t know her right from her wrong, why then enslave her?
  • Can you as a father allow your only girl child’s dreams get shattered owing to the fact that she is already married at a tender age, or can you as a father allow your dreams of handling over your chains of businesses or company’s assets to your girl child vanish in a twinkle of an eye just because you got her married to your age mate, who dictates her actions, and sometimes inactions?
The Legal Perspective:
N.B: Reference not made to Islamic Law
Section 29 (4) of Nigeria’s constitution 1999, provides:
(4) For the purpose of subsection (1) of this section
(a) “full age” means the age of eighteen years and above;
(b) any woman who is married shall be deemed to be of full age.
In consonance with legally attested and established rules of interpreting a statute or any of its provisions, the Mischief Rule is applicable, requiring examination of the statutes purport and its provisions to know the reason for its enactment.
In view of this sub-section (4) (b), relied on, it does not provide a ground for legalising child marriage, as paragraph (b) examines renunciation of citizenship as to ascertain the full age of persons who can renounce their citizenship, section 29 (4) (a) has clearly stated full age to be eighteen(18) years. Also section 29 (4) (b) relied on refers to a woman and not a girl child.*This section in other to prevent absurdity is being construed to avert gender discrimination, prevalent in some parts of the country where women are being subjected to men or their husbands control and are deprived the privilege to exercise their rights. (Italics opinion mine).

Conclusion
The provisions of the constitution should not be read in-vacuo, construed in a way and manner that will result in absurdity. To prevent chaos, and conflict resultant arguments, the provisions of section 29 (4) (b) should be interpreted in the constitution or referenced in subsidiary legislations relating to discrimination. Gender equity/equality craved for should be deliberated upon in the hallowed legislative chambers and not abandoned to rust in the legislative trash can.


Source:tobibabalolabtmblog.wordpress.com                        
 Babalola Tobi Michael (500level)   Former Principal Partner 2                                                                            Upload: Ojelabi John Olaitan (300 level) Principal Partner 2  

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