Critical Analysis On The Right Of Children To Education Under International Law: A Case Study On Nigeria

RESEARCH PROJECT TOPIC ON CRITICAL ANALYSIS ON THE RIGHT OF CHILDREN TO EDUCATION UNDER INTERNATIONAL LAW: A CASE STUDY ON NIGERIA

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CHAPTER ONE

GENERAL INTRODUCTION

      1.1                    Background to the Study

The childhood years have been identified as the most vulnerable years of one’s life, as the child¹to a very large extent depends on its parents or guardians for survival. Any omission or commission on the part of the parents or guardian can make or mar the child for life.  Under Public International law, the child is recognized as among the vulnerable persons whose rights must be protected and one of such rights that must be promoted and protected is the right to education².

It has been said that education and enlightenment are two nuclei to a proper understanding of what human rights are and the modus operandi in their enjoyment. So for a person to understand and appreciate the entirety of his rights as a human he must be educated first. To deny a person education especially in his early years is akin to denial of life.

1. A child has been defined by the Article 1 of the Convention on the Right of the Child 1989 as well as Child Right Act as a person under 18 years. So teenagers are included.

2. Article 1 of the World Declaration on the Right of the Child to Education 1990

3. Arinze – Umobi, D. C., The Nigeria Girl – Child, Right to Education and the Nexus with National Development. http//www.right-toeducation in Nigeria.co.org/html accessed 21/11/12

It is also said that education is the greatest force that can be used to bring about change and also the greatest investment that a nation can make for the quick development of its economic, political, sociological and human resources⁴. A nation whose citizenry are majorly uneducated is sure to be under developed and stagnated. Illiteracy has been traced as the major root cause of poverty and education is identified as the surest route out of poverty especially for most children in the developing countries.

Public international law recognizes children’s right to education as a fundamental human right which guarantees the full enjoyment of all other rights as contained in international legal instruments⁵.

In fact under international law every individual, irrespective of race, gender, nationality, ethnic or social origin, religious or political preference, age or disability is entitled to a free elementary education⁶. This right was explicitly enunciated in the Universal Declaration of Human Rights (UDHR) 1948 which stated thus, “Everyone has the right to education. Education shall be free at least in the elementary and fundamental stages, Elementary education shall be compulsory…⁷’

4. International law and the Right to Education/Report to education right-to-education.org/nude/234 accessed 13/2/13

5. International legal investment for example:Universal Declaration on Human Right 1948 (UDHR), International Covenant on Economic, Social and Cultural Right ( ICESCR) 1966, International Covenant on Cultural and political Right ( ICCPR) 1966

6. Article 1 UDHR 1948

7. Ibid,

This instrument recognized the critical importance of education especially at the rudimentary and foundational stages of human life. It is believed that the UNDR actually set the pace for the development and the recognition of the right to education under

International law.

Also the landmark Convention on the Rights of the Child among other things enjoins state parties to recognize the right of the Child to Education with a view to achieving the Right progressively and on the basis of equal opportunity by making primary education compulsory ,available and free for all^[1] .

[1] .Article I of the Convention on the Right of the Child (CRC) 1989. Note that the Declaration on the Right of the Child 1924 and 1959 were precursor to the Convention on the Right of the Child.

Yet, there are no visible effects of implementation in the society. In fact there are no clear cut legal mechanisms set up to ensure implementation of these laws nor is there any such provision in the Constitution of the Federal Republic of Nigeria.

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