Examining Child Marriage in the Nigerian Constitution 1
The Nigerian 1999 Constitution is the supreme law of the land and serves as a guide for the country's governance and legal system. It outlines the rights, duties, and freedoms of citizens, including those related to child marriage. In this article, we will examine the provisions of the constitution regarding child marriage and its validity in Nigeria. Child marriage is defined as the union between a child and an adult or between two children below the age of 18. It is a widespread practice in many countries, including Nigeria, where it is estimated that 41% of girls are married before the age of 18. Child marriage is a human rights violation and has serious consequences for the health, education, and future of the child involved.
The Nigerian 1999 Constitution recognizes the right of every individual to marry, but it
also imposes certain restrictions to protect the welfare of children. Section 29(2) of the constitution states that no person shall be subjected to torture, inhuman or degrading treatment, or punishment, including forced marriage. This provision applies to all individuals, including children, and is a strong
statement against the practice of child marriage.
Additionally, the constitution recognizes the right of every child to be protected from all forms of abuse, neglect, and exploitation, including child marriage. Section 34(1) states that every individual is entitled to dignity of the human person and no person shall be subjected to torture or inhuman or degrading treatment. This provision is crucial in the fight against child marriage, as it highlights
the importance of protecting children from exploitation and abuse.
In conclusion, the Nigerian 1999 Constitution is a valuable tool in the fight against child marriage. Its provisions regarding the protection of children from abuse, neglect, and exploitation, as well as the right to dignity and freedom from forced marriage, serve as a strong foundation for the elimination of child marriage in Nigeria. The constitution is a valid and binding document that provides a clear framework for the protection of children's rights, including their right to marry only when they are adults.
References
1. Child Marriage in Nigeria." UNICEF, www.unicef.org/nigeria/child-marriage.
2. "Constitution of the Federal Republic of Nigeria 1999." National Assembly of Nigeria, nass.gov.ng/constitution-of-the-federal-republic-of-nigeria-1999/.
3. "Ending Child Marriage in Nigeria." Girls Not Brides, www.girlsnotbrides.org/child-marriage/nigeria/.
4. "The Nigerian Child Rights Act 2003: A Critical Analysis." Journal of African Law, vol. 56, no. 1, 2012, pp. 129-154.
5. "Child Marriage in Nigeria: Causes, Consequences, and Prospects for Change." The Royal Society for Public Health, 2016.
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