Written By: Mrs. Franca Madike

Today is the Day of African child. It is celebrated to commemorate children who were massacred during the Soweto uprising in South Africa in 1976 and to recognize the courage and the brave action of the students in defense of their right to quality education and right to be taught in their own language.

The theme for this year is Access to a Child-friendly Justice System in Africa. The theme is significant for Nigeria because children face widespread violation of their human rights as evidenced by the 2014 National Survey on Violence Against Children (VACS) which finds that six out of every ten children suffer one form of violence or the other; one in 4 girls and one in 10 boys experience sexual violence and majority of the children reported multiple incidents. The survey further reveals that less than 5% of children who experience sexual or physical violence sought help and less than 5% of those who sought help receive it.

Although Nigeria adopted the Convention on Rights of the Child and African Charter on Rights and Welfare of the Child through 2003 Child Rights Act (CRA), which provides a legal framework for child rights standards and child justice administration in Nigeria, implementation is low. And since the adoption of the Act, only 25 out of 36 states have domesticated the law to date.

Access to child-friendly justice system is therefore an essential prerequisite for accessing other human rights and addressing Violence Against Children. Without access to child friendly justice system, child rights will remain elusive and will not serve the interest of children, especially in the face of these rights being violated

A child friendly justice system is designed to be sensitive to the issues that matter to children when they face the law and courts of justice for whatever reason. It is a justice system that guarantees the respect and ensures effective implementation of children’s rights at the highest attainable level; where rights of children are recognized and not accorded less weight as a result of their status as children.

It is a justice system that is accessible and provides age-appropriate, speedy, diligent services which are adapted to and focused on the needs and rights of the child, respecting the rights of the child and rights of due process, to participate in and understand the proceedings; to respect for private and family life and to integrity and dignity.

The Implications of access to child friendly justice system is that it helps in the realization of children’s rights to fair hearing and seeking redress against such violations. If the justice system cannot respond to the needs of children in specific situation, it means that they cannot benefit from the justice system and get redress in time of violation of rights.

State Governments are therefore requested to conduct rapid assessment of all juveniles in remand homes, especially those on awaiting trial for petty offences, including juveniles in humanitarian settings and facilitate their release and consider child-friendly non-custodial measures. They should accelerate access to child friendly justice services to all child victims of violence, abuse and exploitation, especially sexual violence survivors as well as develop, fund and facilitate the implementation of a national strategy on justice for children.

Governments are called upon to strengthen social welfare and family court systems through funding, workforce capacity strengthening as a pathway to accessing child-sensitive justice system. They should also set-up tracking mechanism to ensure access to child-friendly services for all children in contact with the law.

National Human Rights should, in collaboration with Ministry of Justice, strengthen coordination mechanism for institutional accountability, networking and peer support mechanism to promote access to child sensitive services for child survivors and alleged offenders and provide a quarterly, biannual or annual feedback at all levels of government.

Long live young Stars! Long live African Children! Long live Umu Anambra!

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