11 Crimes Against Children According To The Child Rights Act 2003

There’s a saying that a society is judged by how it treats its vulnerable. Children are the most vulnerable demographic of people, thus issues that pertain to them should be handled delicately and laws that protect them should be strictly enforced. 

While some rights of children are erroneously flouted, others are done as a result of ignorance. For example, in a bid to call attention to the situation involving one 4-year-old whose lewd photos had been consistently published on Instagram, many X users distributed the content, unaware of the additional damage they were bringing to the child’s emotional well-being. In contrast to popular belief, there are Nigerian laws governing how children must be treated, and although Nigeria currently operates as though these laws don’t exist, it is important to be aware of them and diligently obey them. Hence, we have compiled a list of some offenses against children according to the Child Rights Act 2003. 

Child Marriage 

Underage girls are in constant danger of being offered to men for marriage to alleviate their family struggles. The prevalence of this issue is staggering and the men who partake in it are across social class. This includes educated men who occupy positions of power, who have the responsibility to protect these children. According to section 21 of the Child Rights Act, no person under the age of 18 is capable of contracting a valid marriage. Those who marry a child, promote the marriage of a child, betroth a child, or to whom a child is betrothed to commit an offense and are liable upon conviction to a fine of N500,000; or imprisonment for a term of five years or to both such fine and imprisonment. 

Child Labor 

Unfortunately, the state of the country has created workers out of young children. Underprivileged children are put to work as early as possible to contribute to the livelihood of their families.. Children as young as 5 are employed as domestic staff for strangers and are forced to live away from home for months or even years. This is in contravention  of Section 28 Child Rights Act 2003, in conjunction with the Labour Act which prohibits children from being subjected to work as domestic helpers outside their homes or family environment. It also gives parameters for where a child can work. It provides that children can be employed to do light work in an agricultural, horticultural or domestic setting as long as they are employed by family in a family setting. 

Depriving a child of education

A child has the right to free and compulsory basic education which is the responsibility of the government to provide. Parents and guardians are only tasked with ensuring the child attends and completes their primary and junior secondary education. In reality, however, education is not entirely free. While efforts have been made to make it accessible for all children (public schools), other costs are involved in educating a child that underprivileged people cannot afford. These are barriers that prevent the fulfillment of this law. 

Sexual abuse

Sexual intercourse with a person under the age of 18 is considered rape irrespective of the perpetrator’s belief that the child was above the age of 18 or gave “consent.” The punishment for this crime is imprisonment for life. Besides intercourse, the law provides for other forms of abuse and exploitation, although not explicitly defined in the Act. Those forms incur imprisonment for a term of fourteen years.

Importation of harmful Publication 

The Child Rights Act defines harmful publication as any book, magazine, film, picture, video or audio tape print, or other medium targeted at children or likely to fall into the hands of children which consists of portrayals of crimes, cruelty, incidents of a repulsive or horrible nature, acts of words of an immoral character, obscene and indecent representation. A person who imports any harmful publication commits an offense and is liable on conviction to a fine of thirty thousand naira or imprisonment for a term of three years or to both such fine and imprisonment. 

Pornographic content and prostitution 

It should not come as a surprise that it is a crime to use a child to procure or offer for prostitution, produce any pornographic content or for any pornographic performance. The punishment for this is imprisonment for a term of ten years.

Exposure to use, production and trafficking of narcotic drugs 

The mere exposure of a child to narcotic drugs and psychotropic substances, or the production or trafficking of such, is a crime. Offenders are liable on conviction to imprisonment for life. 

Receiving money to foster or adopt a child 

It is prohibited for persons to receive a reward or money to foster a child, facilitate arrangements to foster a child or secure consent of a person to foster a child. The person who commits this is liable on conviction to a fine not exceeding thirty thousand naira or imprisonment for a term not exceeding three years or to both such fine and imprisonment.

In the case of adoption, no adopter or any person shall receive or agree to receive payment or reward in consideration for the facilitation of the adoption of a child, without the sanction of the Court. The punishment is a fine not exceeding thirty thousand naira or imprisonment for a term not exceeding three years. 

Taking a fostered child out of state 

In order to take a foster child outside the state or Nigeria, the foster parents are required to give notice to the court of their intention to do so. Failure to do so is an offense punishable by ten years imprisonment. 

Marrying a foster or adopted child 

The law forbids foster and adoptive parents from marrying children they fostered or adopted. A parent who does so commits an offense and is liable to not more than fourteen years imprisonment. 

Begging and hawking

With the number of children on the streets begging, it might seem like a normal thing for children to do. However, the Act provides that a child shall not be used for begging for alms, guiding beggars, or hawking of goods or services on main city streets, brothels or highways. The punishment for this is imprisonment for a term of ten years.