Abstract
International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.
Highlights
The massive destruction of lives and properties after the Second World War and the dire need to protect human life led to the enactment of various human rights instruments such as the Universal Declaration of Human Rights (UDHR 1948), International Covenant on Civil and Political Rights (ICCPR 1966); International Covenant on Economic, Social and Cultural Rights (ICESCR 1966); Convention Against Torture (CAT 1987) among others
This study aims to examine the extent of how the UNCRC and Child Rights Act (CRA) are being enforced in Nigeria
The condition set out by the constitution of Nigeria is that the National Assembly must enact an International Law before it can have the force of law, the legal basis for CRA's enactment in 2003
Summary
The massive destruction of lives and properties after the Second World War and the dire need to protect human life led to the enactment of various human rights instruments such as the Universal Declaration of Human Rights (UDHR 1948), International Covenant on Civil and Political Rights (ICCPR 1966); International Covenant on Economic, Social and Cultural Rights (ICESCR 1966); Convention Against Torture (CAT 1987) among others. Nigeria signed and ratified the UNCRC and domesticated the same and tagged it as Child Rights Act (CRA) in 2003. The condition set out by the constitution of Nigeria is that the National Assembly must enact an International Law before it can have the force of law, the legal basis for CRA's enactment in 2003. States would find it difficult to fully implement the UNCRC as it is an International law and considering that Nigeria practices a federal government system. Article 2 (1) (b) of the Vienna Convention on the Law of Treaties (VCLT 1969) provides that "ratification', 'acceptance', 'approval' and 'accession' mean in each case the international Act whereby a State establishes at the international plane its consent to be bound by a treaty".15.
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