EQUALITY IN DISABILITY THE RIGHTS OF CHILDREN WITH DISABILITY IN NIGERIA

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EQUALITY IN DISABILITY THE RIGHTS OF CHILDREN WITH DISABILITY IN NIGERIA

ABSTRACT

The need to comprehensively examine the right of a child, especially one with a disability has become pressing at this age. Notwithstanding the numerous conventions, laws, and regulations to protect the rights of a child, there is still a continued increase in children’s human rights violations and utter disregard for such around the World. A child has been categorically defined under the Child’s Rights Act 2003 as any person under the age of 18 years. The Convention on the Rights of the Child (CRC), based on Article 2(1), prohibits every form of discrimination against the child either due to reason of disabilities or any other circumstance and entitles the child to total and complete enjoyment of rights provided under the Convention. The Convention on the Rights of

Persons with Disabilities (CRPD) is a modern human rights treaty with innovative components. According to Article 1 of the convention, the purpose of the CRPD is “to promote, ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” It is the first human rights instrument that expressly acknowledges that all disabled persons are right holders and that impairment may not be used as a justification for denial or restrictions of enjoyment of human rights. This research work concentrates on the rights of a child, examining such rights from International, regional and municipal perspectives. The research reveals that disabled children are not adequately provided for. It condemns discriminatory practices against disabled children and recommends among others the strict enforcement and protection of the rights of a disabled child.

CHAPTER ONE

INTRODUCTION

 

1.0 Background of the Study

This research work is geared towards examining the rights of a child under different legal instruments; international, regional, and local, and application cum enjoyment of such rights by children with disability. A child has been defined by various legal tools and adopted by most legal systems around the World as a person under the age of 18 years.[1] Disability, simply put, is any form of deformity in the physical appearance of a person, thus a “Disabled Child”, means “any child unable to ensure for himself or herself wholly or partly the necessities of a normal child and or social life as a result of a deficiency, either congenital or not, in his or her physical or mental capabilities”. For this research, emphasis will be placed on a child. Thus, the rights of a disabled child are the rights enjoyed by every child and to which a disabled child is also entitled, notwithstanding apparent deficiency. The history of the disability is, for the most part, one of exclusion, discrimination, and stigmatization. Often segregated from society, persons with disabilities – and in particular, children with disabilities – have been regarded as objects of charity and passive recipients of welfare[2]. This charity-based legacy persists in many countries and affects the perception and treatment received by children with disabilities. Over 600 million people, or approximately 10 percent of the world’s population, have a disability of one form or another[3]. Over two-thirds of them live in developing countries. Only 2 percent of disabled children in the developing world receive any form of education or rehabilitation. The link between disability, poverty, and social exclusion is direct and robust worldwide [4]. A dramatic shift in perspective has taken place over the past two decades from an approach motivated by charity towards the disabled to one based on rights. The human rights perspective on disability means viewing people with disabilities as subjects and not as objects

[1] Section 277 Child’s Rights Act, 2003; Article 260 of the Kenyan Constitution; Section 3 of Indian Majority Act (as amended) 1999.

[2] https://www.scribd.com/document/89297789/Children-Disability-Rights. Last accessed July 26, 2021.

[3] https://www.un.org/esa/socdev/enable/disecn4200218a1.htm. Last accessed July 26, 2021.

[4] Ibid.

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