By: ESAN FEMI WILLIAMS
"A child at the age of seven had been sexually abused countless times a week by a street uncle. Because of her street uncle's threats of further mishandling, the child was curbed from revealing the wrongful conducts to others. Her parents became aware of the unlawful, sexual acts against their daughter only after the child attempted suicide. By that time, it was too late. The street uncle circumvented prosecution because the statute of limitations had expired, hence barring the commencement of the criminal proceedings."
Of what essence are laws being made without adherence, application, and judicial amendments when the need arises?
Child abuse is described as any act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, and sexual abuse or exploitation. The scenarios highlighted above, are repeated occurrences in our society today.
Child abuse in Nigeria and the world at large has negatively affected the future of so many children, hence destroying the image and profile of the acclaimed nations. Children suffer from various forms of abuse such as child marriages, molestation, child labour, kidnapping, and neglect, among other forms.
De jure, Section 277 of the Nigerian Child Rights Act of 2003 defines “a child as a person who has not attained the age of eighteen years.”
In Nigeria, abuse against children is rampant; however, it is largely under-reported. Under-reporting stems from cultural justification of certain forms of abuse associated with cultural practices and the reluctance of children to speak about prior abusive experiences. Fear of their assailants’ threats or their parent’s reaction may be the cause of this reluctance. They easily fall victims of violence and molestations because they are weaker in size, stature, and mental capabilities. When children are exploited or abused, they do not enjoy their childhood, which leads to several consequences in the future.
Every human society, no matter how primitive it may look, is governed by a code of laws. These laws give order and meaning to their lives and serve for social control and overall development of the society. Some societies deny their citizens especially children, their natural and civil rights because they believe that the rights of children are adequately protected by their parents. But the inhuman treatment meted out to children even by their so called parents, have brought to the fore the errors and problems of taking for granted the protection of the rights of children in the society.
Sequel to that, Several legal provisions, which seek to protect children, have been enacted across the globe. The African Charter on the Rights and Welfare of the Child of 1999, provides that children must be protected from all forms of torture, inhuman, or degrading treatment, physical, mental or sexual abuse, and neglect or maltreatment. The Child Rights Act of 2003 also provides that children must be protected from: child marriage; child betrothal; tattoos and skin marks; exposure and use of narcotic drugs; abduction, removal or transfer of the child from lawful custody, and; child labour, and unlawful sexual intercourse.
However, despite the various provisions that have been put in place to protect the rights of children, they are continuously subject to various forms of abuse, degrading treatment, cruelty, and violence. Some of which are reported in Nigerian National daily newspapers.
Ostensibly, these laws have not served as an effective tool in curbing the menace of child abuse, as originally intended. The purpose of enacting laws is to prevent a certain problem and decrease the frequency of its occurrence. When these laws are not effective, the purpose is defeated.
One of the major limitations to child abuse laws is statutes of Limitations (SOL). This is the time in which a lawsuit is initiated by an injured person or victim. In most cases, unless there is a special circumstance, the Statutes of limitations begin to run from the date of the occurrence that caused the injury. When a child suffers abuse, the law dictates just how long he or his representative has to take legal action against those responsible. For instance, South Carolinians have three years to file a personal injury claim.
However, South Carolina law provides exceptions for abused children and for those seeking to take legal action due to abuse suffered when they were a minor. Under these exceptions, a victim of child abuse has one year from his 18th birthday or three years from the date the abuse occurred (or was discovered) to file a personal injury lawsuit against the person or entity responsible for the abuse. The victim can file the claim according to whichever is later: his 18th birthday or three years from the date of the abuse. The fact remains that even though the law gives child abuse victims years to file a personal injury claim, it’s wise to take action sooner rather than later. Waiting to file a civil suit may result in the victim or witnesses forgetting important details, or evidence being lost or contaminated.
Meanwhile, in recent times, the ineffectiveness and seeming docility of some nations' laws in curtailing child abuse has caused them to undertake statutory reform efforts to improve the handling of child abuse cases in the legal system. Some of these reforms include the adoption of hearsay exceptions for the child's out-of-court statements of abuse, the removal of competency tests for child witnesses, the giving of testimony through videotape or closed circuit television, etc.
Conclusively, to strictly protect the rights of children across board, there is need for a change of orientation, as well as revisiting the foundation of every country's law.
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