An Appraisal On The Right Of The Child To Freedom Of Thought, Conscience And Religion Under Nigerian Laws

AN APPRAISAL ON THE RIGHT OF THE CHILD TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION UNDER NIGERIAN LAWS 

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CHAPTER ONE

 GENERAL INTODUCTION

1.1BACKGROUND OF THE STUDY 

The right to freedom of thought, conscience and religion is one of the fundamental freedoms that has gained recognition in the International Bill of Rights^[1] and this freedom has also been recognized and/or given effect to in the Nigerian domestic laws inclusive of the Nigerian Constitution^[2] which is the ground norm of the nation to allow for the domestic application and/or enforcement of this freedom in Nigeria. Thus, the right to freedom of thought, conscience and religion entails the liberty of conscience accorded to the individual to have or adopt any religion or belief including the right to change one‘s religion or belief as well as the freedom to manifest one‘s religious belief in teaching, observance, practice and worship.^[3]

However, with the development of child rights in international law which culminated into the adoption of the Convention on the Rights of the Child^[4] [CRC] in 1989, an additional legal framework on freedom of thought, conscience and religion which is child specific emerged. Under this Convention (the CRC), protection of the rights of the child to freedom of thought, conscience and religion was recognized and is akin to that embodied in the UDHR and the ICCPR. The relevant provisions of the CRC include Article 14 (1) which provides to the effect that ―States Parties shall

respect the right of the child to freedom of thought, conscience and religion.‖^[5] Article 30 of the CRC further provides that:

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.

These provisions of the CRC reinforce the tripartite rights of the child to the freedom of thought, conscience and religionon the one hand and the liberty of parents/guardians to secure the religious upbringing of their children as well as the obligation placed upon States in recognizing and respecting this right.

Likewise, this international Convention was also ratified and further domesticated by Nigeria under the Child Rights Act^[6] [CRA] 2003 which is the most comprehensive legislation as far as the protection of the rights of the child in Nigeria is concerned.^[7] Child Rights Act^[8] reinforces the rights of a child to the freedom of thought, conscience and religion and the responsibility of parents and legal guardians thereto as well as that of the State in recognizing and respecting this right. Although it seeks to provide for the rights of the child, it could be wondered how parents and legal guardians especially in Nigeria could uphold the provisions of the CRC/CRA in matters that has to do with children’s latitude to change their religion in view of parental role in this matter.

 Nevertheless, given the historical controversies and difficulties that trailed the development of this freedom under international law as well as in other domestic jurisdictions like the United States (US), United Kingdom (UK), France, India, Australia, Germany, etc., and in view of the current state practices of the international community with respect to freedom of thought, conscience and religion that still reflect negative observance of this freedom; the vulnerability and peculiarities of children when it comes to the protection of their rights in respect of this freedom presents another scenario of complex legal problems as to the requirement of special and specific context under which this freedom can be said to apply to child as per its best interest and evolving capacity of mind on the one hand and the challenges of indigenous and orthodox cultural and religious practices that may reflect adverse aspiration to those of the established international norm on this freedom. Thus, the application of this freedom in relation to children requires additional caution and a special consideration of the diverse structure of the international community

[1] The International Bill of Rightsconsist of three principal international documents, i.e., Universal Declaration of Human Rights (UDHR) of 1948; International Covenant on Civil and Political Rights (ICCPR) of 1966; International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966.

[2] Section 38, Constitution of the Federal Republic of Nigeria 1999 (as amended in 2011), Cap. C 23, L.F.N. 2004

[3] See Article 18, UDHR; Article 18, 4(2) ICCPR; Article 13 (3) & (4) ICESCR; Article 1, UN General Assembly Declaration on the Elimination of All Forms of Religious Intolerance and Discrimination; Article 8, African Charter on Human and Peoples‘ Rights of 1981; Section 38, Constitution of the Federal Republic of Nigeria, 1999

[4] Convention on the Rights of the Child (CRC), Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entered into force on 2 September 1990, arts 2, 14, 20, 29.

[5] Art. 14, CRC

[6] Child Rights Act, No. 6 of 2003

[7] Ladan, M. T. The Child Rights Act, 2003 And The Challenges of Its Adoption By State Governments In The 19 Northern States, A Paper Presented on 23^rd July, 2007 at a Oneday Interactive Forum for Sokoto State House of Assembly Legislators Organized by the Sokoto State Ministry of Women Affairs and UNICEF, held at Sokoto State House of Assembly, Sokoto, p. 4.

[8] See section 7  of the Child Rights Act, No. 6 of 2003

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