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Challenges of Implementation 

 

45 

RIGHTS OF CHILDREN UNDER THE UNITED NATIONS CONVENTION ON THE RIGHTS OF 

THE CHILD: THE CHALLENGES OF IMPLEMENTATION* 

                                 

Abstract 

Nations around the world have ratified the United Nations Convention on the Rights of the Child, and passed 

various legislations to safeguard the most vulnerable members of the society including children, but the effects 

of these laws have not been felt especially in most third world nations where cases of indiscriminate death of 

children, child abuse, child trafficking, child prostitution and all forms of violence against children are on the 

rise. In Nigeria there exists the Child Rights Act of 2003, the Children and Young Person’s Act of 1943 which 

legislations was meant to provide against child labour, sexual exploitation of children, violence against 

children, child trafficking etc. In Ghana another Western African nation there exists the Children’s Act of 1998 

which is meant to advance the legal rights of children and maintenance of children, prevent child labour and 

child abuse etc. Findings reveal that despite the existence of these laws these societal ills have maintained a 

steady climb. There is also a lacklustre enforcement of the laws relating to the welfare of children in these 

jurisdictions. This article set out to research on the factors responsible for the lacklustre implementation of 

children protection laws, and the means of strengthening and enforcing the right of children to life and 

preventing violence against children in all forms. 

 

Keywords: Child’s Rights, United Nations Convention on the Rights of the Child, Implementation, Challenges 

 

1. Introduction 

States exist to take care of citizens and prevent them from falling into harm1 Child protection which is an aspect 

of this obligation is meant to save children from harm that may arise from family backgrounds.2 The rights to 

life, good health, education, family life, good standard of living, play and recreation, protection from abuse and 

harm are the essence of children’s rights.3 The United Nations Convention on the Rights of the Child provides 

the overall interest of a child shall be a primary consideration in all administrative purposes and that 

safeguarding a child is important for that child’s welfare and provides for the duties of the child’s parents and 

the duty of the state to take appropriate legislative measures.4 The convention also stipulated that parties to the 

convention shall by all means be it legislative, administrative, social or educational safeguard against all forms 

of violence against children, child abuse, neglect of children, and exploitation of children etc.5 The convention 

in its 54 articles itemized the political, civil, cultural, economic and social rights of children.6 In the UNCRC, 

children’s rights are categorised into rights to provision, protection and participation.7 It was held by the House 

of Lords that even in absence of local legislations that the laws should be construed in such a manner as to 

reflect a commitment to the welfare of children which the United Kingdom pledged to abide by ratifying the 

UNCRC.8 The Supreme Court of Vanuatu in Molu v Molu9 held no legislation is required to implement Article 

3(1) of the UNCRC as the welfare of the child is of essence. Finally, the Supreme Court of South Africa held the 

UNCRC ratified in 1995 in that jurisdiction obligates state parties to safeguard the rights of children.10  

 

There is no general agreement of what constitutes a child in all jurisdictions, but in most jurisdictions around the 

world, it’s generally provided that a child is anyone who has not reached their 18 th birthday.11 Under Ghanaian 

 
* By Ifeanyi NWACHUKWU, 36 Goulden Street, Salford, United Kingdom. Email: ceeverolaw@yahoo.com. Tel: 

+2348039626563 
1 Jill Duerr Berrick, Marit Skivenes & Joseph N. Roscoe, ‘Public Perception of Child Protection, Children’s Rights, And 

Personal Values: An Assessment of Two States’ (2023) 15, 106960, Children And Youth Services Review 

<https://doi.org/10.1016/j.childyouth.2023.106960> Accessed August 13, 2023 
2 Ibid 
3 OHCHR, ‘Report On Human Rights Violations Faced By Children Of African Descendants’ (International Human Rights 

Council, May 18, 2022) < Https://Www.Ohchr.Org/Sites/Default/Files/2022-05/Report-On-Human-Rights-Violations-

Faced-By-Children-Of-African-Descendants.pdf> Accessed August 13, 2023 
4 Convention on the Rights of the Child, (1989) Article 3 
5 UNCRC Article 4 
6 Elspeth Webb et al, ‘Using the UN Convention on the Rights of Children to Improve the Health of Children’ (2019) 19, 9, 

430-434, Paediatrics and Child Health <https://doi.org/10.1016/j.paed.2009.05.006> Accessed August 16 2023 
7 Gabaikanngwe Ethel Mambo & Kinyanjui Godfrey Gichuhi, ‘An Analysis of the Implementation of Children's Rights in 

the Digital World: A Case Study of Botswana’ (2023) 219. Procedia Computer Science< 

https://doi.org/10.1016/j.procs.2023.01.330> Accessed August 6, 2023  
8 Smith v Smith & Another (2006) UKHL 35    
9 Molu v Molu (1998) VUSC 15 
10 Government v Grootboom (2001) (1) SA 46 (CC); ILDC 285 (ZA 2000) 
11Gov.uk, ‘Case Management Guidance’. (United Kingdom Government, 12 October, 2022) 

<https://www.gov.uk/guidance/case-management-guidance/definitions> Accessed July 29, 2023 

mailto:ceeverolaw@yahoo.com
https://doi.org/10.1016/j.childyouth.2023.106960
https://doi.org/10.1016/j.paed.2009.05.006
https://www.gov.uk/guidance/case-management-guidance/definitions


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

46 

law, a child is a person who has not attained the age of 18.12 In the Constitution of Nigeria a full age is defined 

being 18 years and above.13  The UNCRC provides as follows: ‘For the purposes of the present Convention, a 

child means every human being below the age of eighteen years unless under the law applicable to the child, 

majority is attained earlier.’14 This generally accepted 18 year birthday cut off for a child as agreed by most 

jurisdictions is irrespective of the appearance of the child, their achievements in life or even if they have joined 

the armed forces. For example, the United Kingdom government still extends all child benefits to a child even if 

they joined the armed forces or has established themselves and living independent of their parents at the age of 

16.15 

 

Despite all the measures taken to curtail it, violence against children is on the rise world over especially after the 

covid-19 pandemic.16  According to the United Nations, there have been more than 266,000 cases of severe 

violence against children in conflict zones in Africa, Asia Pacific, the Middle East and Latin America in the last 

16 years.17 There have been recorded deaths or maiming of more than 10,000 children in the Yemeni War since 

the start of the war in the year 2015.18 In the Afghan conflict, the story is far worse. The war in Afghanistan can 

be said to be one of the worst theatres of violations of the right to life of children in recorded history. It is 

reported that over 28,500 died in the Afghan war, a casualty figure representing 27 percent of all deaths of 

children in armed conflict globally.19 UNICEF agrees that violent or ill treatment of children, abuse of children 

and general exploitation of children can be seen as a part of growing up of children in West Africa and Central 

Africa as nearly all the children experience violence from their family and community as a means of 

discipline.20 In the first 6 months of the year 2022, there was a recorded increase of extreme violence against 

children that was estimated to be as high as the total recorded violations of children’s rights in the whole of 

2021.21 These violations recorded in 2021 were higher by 85 percent in comparison with the year 2020.22 In the 

West African country of Mali there was a recorded 480 confirmed cases of conscription of children into armed 

groups and in Niger there was also 200 grave cases of violence against children from July to September 2022.23 

An estimated 200,000 children are victims of child trafficking in the West African nations of Ghana, Nigeria, 

Mali, Benin etc.24 There is a noticeable increase in child sexual abuse in Africa than obtainable in other parts of 

the world and the reason for this is factors relating to social change and gender inequalities in African 

societies.25 In the world sphere, the extent of violence against children has taken a concerning dimension.26 

Experiences of emotional, physical, and sexual violence and neglect have been reported by half of all children in 

the year 2017.27 The United States Centre For Disease Control (CDC) States Child Abuse May Affect the 

wellbeing of a child, health or their development in the long run and includes all acts of neglect or abuse of a 

person below the age of 18 by anyone responsible for the care of that child.28 The  CDC further posits that there 

are reports of child neglect or abuse in 1 in 7 kids in the United States and about 1750 children lost their life to 

child abuse in the year 2020.29 The United Kingdom Office for National Statistics (ONS) states that child abuse 

 
12 Children’s Act 1998, Section 1 
13 CFRN 1999 as amended, Section 29 (4) 
14 UNCRC Article 1 
15 Ibid Gov.Uk  
16 Amiya Bhatia et al 2021, Violence against Children during the Covid19 Pandemic’ (World Health Organisation, January 

2021) <https://doi.org/10.2471%2FBLT.20.283051> Accessed August 11, 2023 
17 UNICEF, ‘Grave Violations of Children’s Rights in Conflict on the Rise Around the World, Warns UNICEF’ (United 

Nations Children Emergency Fund, December 31, 2021) <https://www.unicef.org/press-releases/grave-violations-childrens-

rights-conflict-rise-around-world-warns-unicef>  Accessed July 20, 2023 
18 Ibid 
19 Ibid 
20 UNICEF, ‘Child Protection’, (United Nations Children Emergency Fund, Nd) <https://www.unicef.org/wca/what-we-

do/child-protection> Accessed July 29, 2023 
21UNICEF, ‘Extreme Jeopardy’, United Nations Children Emergency Fund Report, March 2023) 

<https://www.unicef.org/wca/media/8861/file/EN_AAFF_Extreme_jeopardy.pdf> Accessed July 29, 2023 
22 Ibid 
23 Ibid 
24 Aderanti Adepoji, ‘Review of Research and Data on Human Trafficking in Sub Saharan Africa’, (International Migration, 

June 8, 2005) <https://doi.org/10.1111/j.0020-7985.2005.00313.x> Accessed July 19, 2023 
25 Eben Badoe, ‘A Critical Review of Child Abuse and Its Management in Africa’ (2017), 7, S32-S35, African Journal of 

Emergency Medicine <https://doi.org/10.1016/j.afjem.2017.09.002> Accessed August 10, 2023 
26 Karen Devries et al, ‘Who Perpetrates Violence against Children? A Systematic Analysis Of Age-Specific And Sex-

Specific Data’ (2018) 2: e000180 BMJ Paediatrics Open <10.1136/bmjpo-2017-000180> Accessed August 10, 2023 
27Susan Hillis et al Global Prevalence of Past-Year Violence against Children: A Systematic Review and Minimum 

Estimates’ (2016) 137: e20154079, Paediatrics <https://doi.org/10.1542/peds.2015-4079> Accessed 19, July, 2023  
28 CDC 2022, ‘Preventing Child Abuse and Neglect’ (Centre for Disease Control, 1 January, 2022) 

<https://www.cdc.gov/violenceprevention/pdf/can/CAN-factsheet_2022.pdf> Accessed August 3, 2023) 
29 Ibid 

https://www.unicef.org/press-releases/grave-violations-childrens-rights-conflict-rise-around-world-warns-unicef
https://www.unicef.org/press-releases/grave-violations-childrens-rights-conflict-rise-around-world-warns-unicef
https://www.unicef.org/wca/what-we-do/child-protection
https://www.unicef.org/wca/what-we-do/child-protection
https://doi.org/10.1111/j.0020-7985.2005.00313.x
https://doi.org/10.1016/j.afjem.2017.09.002
https://doi.org/10.1542/peds.2015-4079
https://www.cdc.gov/violenceprevention/pdf/can/CAN-factsheet_2022.pdf


NWACHUKWU: Rights of Children under the United Nations Convention on the Rights of the Child: The 

Challenges of Implementation 

 

47 

can have an impact later in life as about 52 percent of adults who experienced abuse prior to their 16th birthday 

were later victims of domestic abuse in their life time.30 Child abuse is very difficult to track or measure because 

most cases go unreported and the abuse takes several forms.31 The Canadian 2019 General Social Survey 

reported that about 64 percent of the survey respondents reported unwholesome parenting acts like emotional 

abuse, corporal punishment, and neglect while 22 percent reported physical abuse by parents or other adults 

taking care of them.32 Maltreatment of a child may lead to negative outcomes like ill health and other negative 

socio economic impacts later in life.33 

 

All these notwithstanding, there are no parallels between commitments made to implement laws made to protect 

children and making their rights a reality.34 There is lack of adequate facilities and interventions necessary to 

address the issues surrounding the rights of children.35 The laws made to secure the rights of children in the 

digital age are sometimes vague and lack adequate implementation.36 In the UK the Children  and Family Act of 

2014 which act was a landmark legislation geared towards protecting and improving the lives of children and 

their family was as admitted by the government a failed legislation due to lack of implementation.37 The major 

challenge in protection of children’s rights is not in making the laws that protect children but in putting them 

into operation.38 All these raises the questions what are the major challenges to implementation of children 

protection laws in the world and West Africa in particular. Why is violence, abuse, trafficking all kinds of ill 

treatment of children on the rise despite the laws made to curb them. Finally, what are the effects of the socio 

cultural background of a child, or societal norms play in the enforcement of the rights of children, and how can 

the human rights of children be implemented effectively. There is need to research on the proper ways to 

enforce children protection laws and implement the human rights of children.  

 

2. Highlight of Children’s Rights under the UNCRC  

 

Right to Life, Survival and Development 

A discussion on the right of life is very essential because this right is the parent of all other rights. All other 

rights known to man flows from the right to life in the first instance since it is only a living person that can be 

afforded a set of human rights. The UNCRC is a treaty of the United Nations Organisation which provides for a 

comprehensive set of rights for persons below the age of 17.39 In the 54 Articles of the UNCRC can be found a 

motley of children’s economic, social, civil and political rights.40  Adopted in the year 1989, and came into force 

in the year 1990, the UNCRC is the primary document evidencing children’s right world over.41   It is the most 

ratified human right treaty in human history and have transformed the lives of children all over the world.42  The 

UNCRC duly provided for the right to life of children which emphatically is the most important right of children 

 
30ONS 2020, ‘Child Abuse in England and Wales’: (Office for National Statistics, January 14, 2020) 

<file:///C:/Users/CeeVero/Downloads/Child%20abuse%20in%20England%20and%20Wales%20January%202020.pdf> 

Accessed August 5, 2023 
31 Ibid 
32 GSS-Canadian Safety, General Social Survey: Detailed Information 2019 (Statistics Canada, May 12, 2021) 

<https://www23.statcan.gc.ca/imdb/p2SV.pl?Function=getSurvey&SDDS=4504> Accessed August 5, 2023 
33 Danielle Bader and Kristyn Frank ‘What Do We Know About Physical And Non Physical Maltreatment In Canada?’ 

(Statistics Canada, January 25, 2023) <https://doi.org/10.25318/36280001202300100001-eng>    Accessed July 30, 2023 
34 Waage, Trond. ‘Challenges In Implementing Child Rights – A Call for Innovative Governance For Children’ (Child-

Friendly Justice, 1st Edition, Leiden, The Netherlands: Brill | Nijhoff, 2010) 

< Https://Doi.Org/10.1163/9789004297432_012 > Accessed July 29, 2023 
35 Peter Lachman et al, ‘Challenges Facing Child Protection’ (2002) Child Abuse & Neglect, 26, 587-617 

<https://doi.org/10.1016/S0145-2134(02)00336-8> Accessed July 19, 2023 
36 Ibid Gabaikanngwe Ethel Mambo 
37 ‘House of Lords Children and Families Act 2014 Committee, ‘Children and Families Act 2014: A Failure of 

Implementation’,(House of Lords, December 6, 2022) 

<https://publications.parliament.uk/pa/ld5803/ldselect/ldchifam/100/100.pdf> Accessed August 5, 2023 
38 Tara M. Collins & Laura H.V. Wright ‘The Challenges for Children’s Rights in International Child Protection: 

Opportunities for Transformation, World Development (2022), 159,106032 

<https://doi.org/10.1016/j.worlddev.2022.106032> Accessed August 2, 2023 
39Gov.Uk, ‘United Nations Convention on the Rights of the Child (UNCRC): How Legislation Underpins Implementation in 

England’(UK Government, March 15, 2010)  <https://www.gov.uk/government/publications/united-nations-convention-on-

the-rights-of-the-child-uncrc-how-legislation-underpins-implementation-in-england> Accessed August 10, 2023  
40 Ibid Elspeth Webb et al 
41 CRAE, UN Convention on the Rights of the Child’ (Children Rights Alliance England, January 1, 2023) < 

https://crae.org.uk/our-guide-childrens-rights-and-law/laws-protecting-childrens-rights/un-convention-rights-child>  

Accessed August 12, 2023 
42 UNICEF, ‘Convention on the Rights of the Child’ (United Nations Children Emergency Fund, January 1, 2023) < 

https://www.unicef.org/child-rights-convention> Accessed August 15 2023 

https://doi.org/10.1163/9789004297432_012
https://doi.org/10.1016/S0145-2134(02)00336-8
https://doi.org/10.1016/j.worlddev.2022.106032
https://www.gov.uk/government/publications/united-nations-convention-on-the-rights-of-the-child-uncrc-how-legislation-underpins-implementation-in-england
https://www.gov.uk/government/publications/united-nations-convention-on-the-rights-of-the-child-uncrc-how-legislation-underpins-implementation-in-england


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

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or anyone human person.43 The right to life is also recognised in the Universal Declaration of Human Rights 

(UDHR), the world’s cornerstone human rights instrument. Thus ‘Everyone has the right to life, liberty and 

security of person’.44  This provision goes beyond just deprivation of life, but covers such things as liberty of the 

person and security. Thus, it is a violation of Article 3 of the UDHR if one does not enjoy fundamental freedoms 

within the society, or is oppressed or restricted by state institutions from expressing their chosen way of life and 

enjoying their civil and political rights. With regard to children the UNCRC specifically provides for the right to 

life as follows: ‘States Parties recognize that every child has the inherent right to life’45 corollary to this is the 

provision in the UNCRC that mandates state parties to ensure to the greatest extent that every child shall have 

the right to survival and development.46 The right to survival and development of a child is just as indispensable 

as the right of a child to live. It underscores the duties of state parties to ensure basic amenities and equal 

opportunities are provided for children to thrive and develop and realise their full potentials.47 The Constitution 

of Nigeria recognises that everyone has the right to life which cannot be deprived of such a person with the 

exception of execution of a judicial sentence for a criminal offence for which an accused person has been found 

guilty. 48It was held by the European Court of Human Rights in Oman v United Kingdom the law not only 

mandates governments to refrain from unlawful or intentional deprivation of the rights to life but make efforts 

towards protecting the precious lives of its citizens.49 A locus classicus on the right to life of children and the 

implications of depriving children this hallowed right is the famous Street Children’s case. In this matter 

involving the kidnapping and torture of four children and their subsequent death and the outright murder of the 

fifth child by the security forces of the state of Guatemala, the Inter American Court of Human Rights held the 

state liable in the death of the five children, positing the essence of the right of life as enshrined in the American 

Convention on Human Rights. The court also stressed the right of life encompasses not just the right not to be 

deprived of one’s life without due process of law but the opportunities provided by the state for one to live their 

life in dignity. Part of the ruling of the court is reproduced as follows: 

               The right to life is a fundamental human right, and the exercise of this right is essential for the 

exercise of all other human rights. If it is not respected, all rights lack meaning.... In essence, 

the fundamental right to life includes not only the right of every human being not to be 

deprived of his life arbitrarily, but also the right that he will not be prevented from having 

access to the conditions that guarantee a dignified existence. States have the obligation to 

guarantee the creation of the conditions required in order that violations of this basic right do 

not occur.50   

 

The right of life is all encompassing, as the nucleus of other rights known to law all other rights depend on it as 

human rights can only be enjoyed by a living person.51 The protection of the right to life has been stretched 

inculcating provisions recognising the advancements of the 21st century. Such practices as indiscriminate 

killings by use of drones in conflicts, destruction of the environment and climate change, inadequate provision 

of health facilities, extra-judicial killings, use of live ammunition on protesters by the armed forces etc 

represents serious threats to the enjoyment of the right of life in the present and near future.52 

 

Right to Protection against Abuse, Violence and Neglect 

Within Article 19 of the UNCRC is a host of provisions geared towards protecting children from all forms of 

violence, ill treatment and harm. The article copiously provides as follows: ‘States Parties shall take all 

appropriate legislative, administrative, social and educational measures to protect the child from all forms of 

physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, 

 
43 Petter Grahl Johnstad, ‘The International Regime Of Drug Control May Violate The Human Right To Life And Security 

(2023) 113, 103960, International Journal of Drug Policy <https://doi.org/10.1016/j.drugpo.2023.103960> Accessed  August 

21, 2023 
44 UDHR Article 3 
45 UNCRC Article 6(1) 
46 UNCRC Article 6(2)  
47 United Nations Human Rights Office of the High Commissioner, ‘Universal Declaration of Human Rights at 70: 30 

Articles on 30 Articles - Article 3’ (United Nations, November 8, 2018) <https://www.ohchr.org/en/press-

releases/2018/11/universal-declaration-human-rights-70-30-articles-30-articles-article-3> Accessed August 2, 2023 
48 Constitution of the Federal Republic of Nigeria 1999 as amended, Section 33 
49 Osman v United Kingdom [1998] ECHR 101 
50 Case of the ‘Street Children’ Villagran-Morales et al. v Guatemala (1999) IACrtHR, Series C no 63, IACHR 17 
51 Amos Enabulele, ‘The Right To Life Or The Right To Compensation Upon Death: Perspectives On An Inclusive 

Understanding Of The Constitutional Right To Life In Nigeria’(2014) 3,1, The Green 

Institute<https://greeninstitute.ng/jsdlp/2020/3/10/the-right-to-life-or-the-right-to-compensation-upon-death-perspectives-on-

an-inclusive-understanding-of-the-constitutional-right-to-life-in-nigeria>August 2 Accessed 2023 
52 Ibid United Nations Human Rights Office 



NWACHUKWU: Rights of Children under the United Nations Convention on the Rights of the Child: The 

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including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of 

the child.’53 The UNCRC further admonished state parties to take steps towards realizing this objective to wit: 

               Such protective measures should, as appropriate, include effective procedures for the 

establishment of social programmes to provide necessary support for the child and for those 

who have the care of the child, as well as for other forms of prevention and for identification, 

reporting, referral, investigation, treatment and follow-up of instances of child maltreatment 

described heretofore, and, as appropriate, for judicial involvement54 

 

A broad definition of violence against children would include all forms of harm against children like mental 

torture, sexual abuse and other forms of exploitation, and other forms of indirect harms like neglect.55 The 

UNCRC Article 19 stresses a complete regard for children’s right to dignity of the human person, and respect of 

their personal and physical integrity.56 This article in effect do away with harmful practices against children 

which are meted out to them as a form of correction from family backgrounds in pretence that they are in the 

best interest of the child. Such practices as corporal punishment are in effect violations of a child’s right to 

human dignity and physical integrity.57 The United Nations Children Emergency Fund, (UNICEF) agrees that 

corporal punishment is a violation of a child’s right to dignity and physical integrity58 Such punishments which 

can be physical or psychological in nature involve the infliction of pain or discomfort on a child, or use of 

aggressive words, intimation, threats, humiliation etc to discipline children or to compel compliance.  

 

Another major from of violence against children is sexual violence. This encompasses all forms of forced or non 

consent sex or sexual acts with a child by a person in care of a child, or a neighbour, exposure to sexual 

comments or action by a friend or another adult or adults, compulsion to perform a sexual act for financial 

rewards from an adult, forcing or coercing a child to expose his or her sexual parts, or forcing a child to have a 

view of sexually explicit materials, rape or defilement of a child etc.59 the impacts of sexual abuse of children is 

enormous and may have effects on the child even at adulthood. Such impacts may be in form of post traumatic 

stress disorder, fears, behaviour issues, low self esteem etc.60  

 

Closely related to sexual abuse of children is child trafficking. It is an illegal practice in which children are 

exploited for the purposes of using them for sex or labour. 27 percent of trafficked people globally are children 

and mostly females who are sold or lured into the practice either forcefully or with fake promises of a better 

living conditions or education.61 Most trafficked children are usually exploited and kept in unsafe environments, 

treated like slaves, and not given adequate food or shelter, and restricted from contacting their family.62 A major 

impact of human trafficking is loss of education opportunities and other amenities needed for the growth and 

advancement of the child leading to an uncertain future.63 Finally, child labour which is also related to child 

trafficking is any kind of work that interferes with the childhood of a child, their human dignity, and is an 

anathema to their mental and physical development.64 However a distinction must be made between what 

constitutes child labour and normal work done by children within a legally permitted age in different 

jurisdictions. The International Labour Organisation, (ILO) agrees when such works or activities do not affect 

the health of a child, their personal development or their education, such are permissible as they sometimes help 

 
53 UNCRC, Article 19(1) 
54 UNCRC Article 19(2) 
55 Christian Whalen, ‘Article 19: The Right to Protection from All Forms of Violence’ (2022) In: Vaghri, Z., Zermatten, J., 

Lansdown, G., Ruggiero, R. (eds) Monitoring State Compliance with the UN Convention on the Rights of the Child. 

Children’s Well-Being: Indicators and Research, 25. Springer, Cham <https://doi.org/10.1007/978-3-030-84647-3_30> 

Accessed August 12, 2023 
56 Ibid 
57 Esteban Ortiz-Ospina & Max Roser, ‘Violence against Children and Children’s Rights’ (Our World in Data, November 1, 

2019) <'https://ourworldindata.org/violence-against-rights-for-children'> Accessed August 12, 2023 
58 Ibid 
59 Ibid 
60 Kendall-Tackett Kathleen, Linda Williams & David Finkelhor, ‘Impact of Sexual Abuse on Children: A Review and 

Synthesis of Recent Empirical Studies’ (1993) 113(1), 164–180, Psychological Bulletin <Https://Doi.Org/10.1037/0033-

2909.113.1.164> Accessed August 15, 2023 
61 Save the Children, ‘Child Trafficking Is A Crime – And Represents The Tragic End Of Childhood’ (Save the Children, 

Nd) < https://www.savethechildren.org/us/charity-stories/child-trafficking-awareness> Accessed August 14, 2023 
62 Ibid 
63 Ibid 
64 ILO, ‘What is Child Labour’,(International Labour Organisation, Nd) < https://www.ilo.org/ipec/facts/lang--

en/index.htm#:~:text=The%20term%20%E2%80%9Cchild%20labour%E2%80%9D%20is,harmful%20to%20children%3B

%20and%2For>  Accessed August 14, 2023 



African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

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children develop themselves and gain experiences and requisite skills that can aid them in the job market or be 

responsible members of the society in the near future.65 

 

The Right to Learning and Education 

The right of children to education is a comprehensive term and encompasses several factors like availability and 

access to education, the effectiveness and purpose of education, education on human rights, the rights of 

children in education and the role of parents with regard to education.66 The United Nations Educational, 

Scientific and Cultural Organisation (UNESCO) posits education is a fundamental right which purpose is to 

raise people out of poverty, reduce inequalities, and enhance sustainable development.67 Article 28 of the 

UNCRC comprehensively provided for education as follows: 

              States Parties recognize the right of the child to education, and with a view to achieving this 

right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make 

primary education compulsory and available free to all; (b) Encourage the development of 

different forms of secondary education, including general and vocational education, make them 

available and accessible to every child, and take appropriate measures such as the introduction 

of free education and offering financial assistance in case of need; (c) Make higher education 

accessible to all on the basis of capacity by every appropriate means; (d) Make educational and 

vocational information and guidance available and accessible to all children;(e) Take measures 

to encourage regular attendance at schools and the reduction of drop-out rates.  

 

Education serves several purposes including helping people to acquire skills, knowledge and information that 

will equip them to be useful to the society.68 Education is vital in a society as it helps children to rise above 

abuse and neglect.69 An estimated 224 million youth and children do not have access to education worldwide for 

socio cultural and economic factors.70 It is everyone’s right to have access to learning as they are entitled to 

which is corollary to respect of their right to the dignity of the human person among a host of other rights.71 

 

Children’s Right to Parental Relationships 

Article 18 of the UNCRC recognises the duties of a parent towards their child, and the role the state should play 

to ensure this duty is carried out. Such duties include the upbringing of the child and his or her development, 

and ensuring the welfare and best interests of the child is apriority. There is further a duty on the government to 

assist parents in carrying out these duties through support for care services. Finally, if a child cannot be 

sufficiently supported by his or her parents, there is a duty on the state to provide such support taking into 

account the attributes of the child like ethnic, religious and cultural background and the child’s spoken 

language.72 

 

Right of Children to be Heard 

Freedom of expression and participatory rights are essential rights of children in the digital age.73 Most 

jurisdictions around the have incorporated the right to freedom of express in their grundnum and it is a very 

essential right under international law.74 The right to freedom of expression symbolises the foundations of a 

 
65 Ibid 
66 Laura Lundy & Patricia O’Lynn, ‘The Education Rights of Children. (InKilkelly, U., Liefaard, T. (eds) International 

Human Rights of Children. International Human Rights. Springer, Singapore) <https://doi.org/10.1007/978-981-10-3182-

3_11-1> Accessed  August 15, 2023  
67 UNESCO, ‘The Right To Education’ (United Nations Educational, Scientific and Cultural Organisation, Nd) 

<https://www.unesco.org/en/right-

education#:~:text=Education%20is%20a%20basic%20human,social%2C%20economic%20and%20cultural%20reasons> 

Accessed August 13, 2023 
68 Sujata Bhan & Suzanne Rodricks, ‘Indian Perspective on Child's Right to Education’, (2012) 69,367-376, Procedia - 

Social and Behavioral Sciences,< https://doi.org/10.1016/j.sbspro.2012.11.422> Accessed  August 15, 2023 
69 Tavassoli_Naini Manuchehr, ‘Education Right Of Children During War And Armed Conflicts’ (2011) 15, Pages 302-305 

Procedia - Social and Behavioral Sciences <https://doi.org/10.1016/j.sbspro.2011.03.090> Accessed August 15, 2023 
70 Ibid UNESCO 
71 Reis Monteiro A., ‘The Right Of The Child To Education: What Right To What Education?’, (2010) 9, 1988-1992 

Procedia - Social and Behavioural Sciences  <https://doi.org/10.1016/j.sbspro.2010.12.433>  Accessed  September 1, 2023 
72 UNCRC 1989, Article 20 
73 73 Claudia Lohrenscheit ‘Curriculum and Human Rights’ (3rd Ed, International Encyclopedia of Education, Elsevier 2010) 

p.  287-292, <https://doi.org/10.1016/B978-0-08-044894-7.00050-6 > Accessed June 28, 2023 
74 Diana Voerman-Tam, Arthur Grimes, Nicholas Watson, The Economics Of Free Speech: Subjective Wellbeing And 

Empowerment Of Marginalized Citizens’(2023) 212,260-274,Journal of Economic Behavior & Organization  

<https://doi.org/10.1016/j.jebo.2023.05.047> Accessed  September 1, 2023 

https://doi.org/10.1016/B978-0-08-044894-7.00050-6


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society that enjoys basic freedoms and liberty and is the focal point of human dignity and independence.75 

Article 13 of The UNCRC provides: ‘The child shall have the right to freedom of expression; this right shall 

include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either 

orally, in writing or in print, in the form of art, or through any other media of the child’s choice.’ Just like adults, 

children have the right to their own opinions, and the right to freely express it in company of others.76 Children 

have freedoms which must be accorded to them including right to citizenship, freedom of speech, association 

and expression, and freedom of thought and religion.77 It’s good to note the freedom of children is not an 

absolute right but is subject to legally justified restrictions like respect for the rights and reputation of others,78 

and for the preservation of public interest.79 

 

3. Challenges to Implementation of the Rights of Children under the UNCRC 

The UNCRC has been said as being very challenging to implement and as having an overly ambitious agenda 

when it comes to enforcement of children’s rights and safeguarding them from violence and societal risks like 

natural disasters, child trafficking, poverty, inequalities, etc.80 The UNCRC is one of the most widely ratified 

treaties in the world, recognised and domesticated by virtually all countries of the world, but suffers from 

lacklustre implementation as most governments around the world pay merely but lip service to their human 

rights obligations.81 Apart from lack of political will, various factors plague the implementation of the UNCRC. 

Lack of awareness about the convention among families and the general population, inadequate social services, 

influences of social change etc. are among several factors militating against the implementation of the UNCRC 
82 The extent of the steps taken towards implementation of the UNCRC and the resources put into these efforts, 

and the all-round effectiveness of the systems tasked with the realization of this objective determines the extent 

of the wellbeing of children in the long run.83 Steps taken towards Implementation of the UNCRC and its 

effectiveness and results are not on all fours in all parts of the world as they vary from country to country, and 

region to region.84  Thus what applies in the implementation of the UNCRC in sub-Saharan Africa might be 

different in western jurisdictions like the United Kingdom and Canada. It is trite that legal protections of 

children are more effective in these aforementioned nations than in their African counterparts like Nigeria, 

Niger, Somalia, Mali, Liberia, Ghana etc. A major theatre of the violation of the rights of children is in the 

African continent. This is compounded by existence of several regional and tribal conflicts, child trafficking, 

child prostitution and abuse, and child labour. Poverty, lack of basic amenities, bad government and corruption, 

influences of socio cultural norms and family backgrounds are among the biggest factors militating against the 

implementation of children right treaties in sub-Saharan Africa. Though several governments in Africa have 

initiated policies and legislations on child protection, this has not been accompanied with a commitment to 

enforcement.85 Some of these governments lack the resources and strong institutions required to achieve these 

goals.  For this and other reasons, child rights violation and violence against children have gotten worse in 

Africa. It has been reported that about half of all children in Africa have experienced some forms of physical 

abuse and in some parts of the African continent sex abuse of female children has been on the rise as upto four 

in ten female children are victims of sexual violence before they turn 15.86 With 41.8 of girls and 39.1 of boys 

suffering neglect from their caregiver, Africa have highest rate of neglect of children in the whole world.87 In the 

 
75 Lansdown, G., Vaghri, Z. Article 13: The Right to Freedom of Expression. In: Vaghri, Z., Zermatten, J., Lansdown, G., 

Ruggiero, R. (eds) Monitoring State Compliance with the UN Convention on the Rights of the Child. Children’s Well-

Being: Indicators and Research, (2022) vol 25. Springer, Cham. <https://doi.org/10.1007/978-3-030-84647-3_8>  Accessed  

September 1, 2023 
76 Humanium, ‘Understanding Children’s Right to Freedom’ (Humanium, Nd) <https://www.humanium.org/en/fundamental-

rights/freedom/> Accessed August 30, 2023 
77 Ibid 
78 UNCRC 1989, Article 13(2)(a) 
79 UNCRC 1989, Article 13(2)(b) 
80 John Tobin, Judy Cashmore, ’Thirty Years Of The CRC: Child Protection Progress, Challenges and Opportunities’ (2020) 

110, 1,104436, Child Abuse & Neglect <https://doi.org/10.1016/j.chiabu.2020.104436 >  Accessed August 30, 2023 
81Yinka Olomojobi, Human Rights and Civil Liberties in Nigeria (Lagos: Princeton Publishing Ltd, 2016) p1 
82EC Cox, ‘The Implementation of the United Nations Convention on the Rights of the Child: Global Commitments and 

Local Realities,’ P N G Med J. 2000 Mar-Jun; 43(1-2):18-23. PMID: 11407612> August 22, 2023  
83 Yehualashet Mekonen, Melhiku Tiruneh, ‘Implementation of the Convention on the Rights of the Child and Its Effect on 

Child Well-Being’ (In: Ben-Arieh, A., Casas, F., Frønes, I., Korbin, J. (eds) Handbook of Child Well-Being. Springer, 

Dordrecht. <https://doi.org/10.1007/978-90-481-9063-8_95> Accessed August 19, 2023 
84 Ibid 
85 Ibid 
86 APEVAC, ‘New Data Shows Violence Against Children Is Rising Across The African Continent’ (African Partnership to 

End Violence Against Children, July 21, 2021) < https://www.end-violence.org/articles/new-data-shows-violence-against-

children-rising-across-african-continent> Accessed August 13, 2023 
87 Ibid 



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52 

West African country of Nigeria, about 66% of girls and 58% boys under the age of 18 have experienced 

violence in the home front.88 Bullying cases are on a steady rise in Central Africa where half of all the children 

within the ages of 13-15 suffer bullying at school.89 The United Nations Children Emergency Fund reports 

violence against children, abuse and exploitation of children has become an unfortunate part of childhood in 

West and Central Africa.90 According to UNICEF, about one in three girls have been violently disciplined or hit 

before the age of 15 in this same region, and one in ten of them either raped or encountered some form of sex 

abuse.91 Under age marriage is another severe violation of the rights of children in the West and Central regions 

of Africa where about 4 in 10 girls within the ages of 20-24 are married before reaching the age of 18.92 Female 

genital mutilation also affects one fourth of all girls in this region which also has one the highest rates of teenage 

pregnancy in the entire world.93 Finally, children in conflict zones in Africa has not fared better as the lives of 

children are put in jeopardy, with some children killed, injured, and some recruited into the armed forces to join 

the war efforts.94 There is also hunger, malnutrition, lack of basic amenities for health, schooling and play, 

attacks on educational facilities, abduction of children for ransom or political purposes etc. 

 

4. Conclusion and Recommendations 

The United Nations Convention on the Rights of the Child, the UNCRC is the most significant children rights 

legislation in the world ratified by almost all governments around the world. In its 54 Articles are contained a 

motley of children’s rights. The most important right of children is the right to life and survival, from which 

every other right known to man proceeds. Other rights of children under UNCRC include the right to protection 

against abuse, violence and neglect, the right to learning and education, the right to parental relationship, and the 

right of children to express themselves and be heard.  Despite the ratification of the UNCRC by most nations of 

the world, there is a noticeable rise in violence against children, child abuse, trafficking of children, abduction of 

children, among other societal vices against children, especially in developing nations in Africa caused by lack 

of political will on the part of government, weak government institutions, poverty, lack of basic amenities etc. 

There is a need to rise to these challenges towards securing a sustainable and enduring future for children and 

the society. Protection of the rights of children is essential for a just, stable and prosperous future for the society 

and future generations. The laws made to protect children are yet to gain traction in most parts of the world 

especially in third world countries.  

 

There is need to take further steps towards enforcing the laws upholding the rights of children in the society. 

This paper recommends as follows: 

(i) Lack of political will towards enforcing the rights of children is among the major setbacks to the fight against 

violence against children around the world, and in African nations specifically where issues of child protection 

are relegated to the background in the pursuit of political interests. All these coupled with corruption, self 

enrichment and lack of accountability that diverts funds meant for empowering agencies concerned with 

children issues to private pockets. Bogus claims are made by government claiming various unverifiable 

achievements in reality the menace is on the rise. There is an urgent need to elect children friendly and 

responsible governments that will pay more than lip service to children protection issues. 

(ii) Corollary to electing responsible governments is the need to build strong government institutions especially 

agencies of government that are concerned with safeguarding and empowering children. Proper funding of 

health and social institutions of government through the right channels and setting up channels that will preclude 

diversion of funds meant for this purpose. There is need to set up a ministry meant exclusively for children 

affairs where this does not exist 

(iii) A very powerful tool towards implementing the rights of children especially under the UNCRC is to 

empower the children themselves through education. Education not only secures a child future by giving them 

the knowledge and skills to be useful to themselves and society but gives them an awareness of their rights 

under the law, how to assert their rights and when to do so.  

(iv) Orientation and awareness programs are very effective tools in the fight against violence against children, 

child abuse and other social vices against children. This is very easily achievable in today’s digital world over 

the social media on which can be found a majority of children in the digital age. Information over the social 

media spread like wild fire and can reach millions of children within a very short time. When children are fully 

aware of their rights under the law, it becomes an uphill task to take it away from them. 

 
88 Ibid 
89 Ibid 
90 UNICEF, ‘Child Protection’, (United Nations Children Emergency Fund, Nd) <https://www.unicef.org/wca/what-we-

do/child-protection> Accessed August 13, 2023 
91 Ibid 
92 Ibid 
93 Ibid 
94 Ibid 



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(v) Finally, the judiciary have a major role to play in terms of interpretation of children protection laws in such a 

way that the interpretation takes into account the overall welfare of the child involved above any other factor. 

This is very hard to obtain in African societies where the influences of socio-cultural norms are felt in the 

pronouncements of the judiciary in such a way as to put harmful traditional practices ahead of such 

interpretations that will be in the best interest of the child involved. This judicial attitude should be frowned at 

as judges are admonished to interpret child right laws like the UNCRC within the spirit and letters of the 

legislation and not colour their judgements with harmful traditional practices that are detrimental to children. 

 

 

 

 

  

  

 

 

 

 


