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THE EFFECTIVENESS OF LEGAL FRAMEWORK FOR THE PROTECTION OF THE RIGHTS OF THE GIRL-CHILD IN NIGERIA

This research examines the effectiveness of Nigeria’s legal frameworks in protecting the rights of the girl-child. Despite existing laws like the Child Rights Act, enforcement challenges and socio-cultural barriers persist, undermining protection efforts. The study aims to assess legal efficacy and propose strategies to enhance the welfare and rights of Nigerian girls.

Chapters

5

Research Type

quantitative

Delivery Time

24 Hours

Full Content

CHAPTER ONE INTRODUCTION 1.1 Background to the Study The protection of the rights of the girl-child has become a critical issue in Nigeria, where socio-cultural, economic, and legal challenges persistently undermine their welfare and development. Historically, Nigerian girls have faced systemic disadvantages manifested in limited access to education, early and forced marriages, gender-based violence, and discrimination in family and community settings. These challenges reflect deep-rooted patriarchal norms and cultural practices that have long marginalized female children, restricting their potential and infringing on their fundamental human rights (Akinyemi, 2021; Eze, 2023). Nigeria’s commitment to international human rights instruments, such as the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), highlights its obligation to safeguard the rights of all children, particularly girls who are often disproportionately affected by violations. To this end, the Nigerian government has enacted several legal frameworks, including the Child Rights Act (CRA) of 2003 and the Violence Against Persons (Prohibition) Act (VAPP) of 2015, aimed at promoting and protecting the girl-child's rights within the country’s socio-legal context (Okeke & Adeyemi, 2022). Despite these legislative efforts, the implementation and enforcement of these laws remain inconsistent and, in some cases, ineffective. Issues such as lack of awareness, inadequate institutional capacity, socio-cultural resistance, and weak monitoring mechanisms continue to hinder the realization of these legal protections for many Nigerian girls, especially in rural and underserved communities (Babatunde, 2024). This disconnect between law and practice underscores a critical challenge in bridging the gap between legal provisions and actual protection on the ground. Moreover, recent reports and empirical studies have indicated that harmful traditional practices like female genital mutilation (FGM), child marriage, and gender-based violence continue unabated, often with impunity. These phenomena not only violate the girl-child’s rights but also impede her physical, emotional, and psychological development, perpetuating cycles of poverty and gender inequality (Ibrahim & Olawale, 2023). Such realities call into question the effectiveness of the current legal frameworks in addressing and curbing these violations. Furthermore, the socio-political context in Nigeria adds another layer of complexity. Conflicts, displacement, and economic hardship exacerbate the vulnerabilities of the girl-child, making the enforcement of legal protections more difficult. The girl-child’s rights are often sidelined in policy priorities and resource allocation, despite their crucial role in the nation’s socio-economic development (Chukwuemeka, 2025). Therefore, an in-depth analysis of the effectiveness of Nigeria's legal frameworks in protecting girl-child rights is imperative. In light of these concerns, this study seeks to critically evaluate the legal mechanisms in place for the protection of the girl-child’s rights in Nigeria, examining their strengths, weaknesses, and the socio-cultural factors that impact their enforcement. It aims to provide a comprehensive understanding of the legal landscape and offer practical recommendations for enhancing the protection of the girl-child within Nigeria’s diverse cultural settings. ________________________________________ 1.2 Statement of the Problem The problem this study addresses is the persistent violation of the rights of the girl-child in Nigeria, despite the existence of numerous legal frameworks designed to protect her. Harmful practices such as early marriage, gender-based violence, and discrimination remain prevalent, highlighting a gap between the law and its practical application. These challenges raise concerns about the real effectiveness of existing legal instruments in safeguarding the welfare of Nigerian girls. Although the Nigerian government has enacted laws like the Child Rights Act and the Violence Against Persons Act, enforcement remains weak, particularly in rural areas where cultural norms often supersede formal legal provisions. Many stakeholders, including families and traditional leaders, continue to resist these laws due to deeply ingrained beliefs, undermining efforts to protect girls' rights and perpetuating systemic violations. Furthermore, institutional weaknesses such as inadequate funding, lack of trained personnel, and poor coordination among agencies responsible for implementing these laws exacerbate the problem. This has led to inconsistent application of justice and insufficient protection for the girl-child, which hinders Nigeria’s ability to meet its international human rights obligations. Thus, there is a critical need to evaluate the effectiveness of these laws in practice, identify gaps, and develop strategies for improved implementation. 1.3 Objectives of the Study 1. To examine the existing legal frameworks protecting the rights of the girl-child in Nigeria. 2. To assess the level of enforcement and implementation of these legal provisions across different regions. 3. To identify socio-cultural factors that affect the effectiveness of legal protections for the girl-child. 4. To propose recommendations for strengthening the legal protection and promotion of the rights of the girl-child. ________________________________________ 1.4 Research Questions 1. What legal frameworks currently exist for the protection of the rights of the girl-child in Nigeria? 2. How effectively are these laws enforced and implemented across Nigeria? 3. What socio-cultural barriers impede the protection of the girl-child under the law? 4. What strategies can enhance the effectiveness of legal frameworks in protecting girl-child rights? ________________________________________ 1.5 Research Hypotheses H₁: There is a significant relationship between the enforcement of legal frameworks and the protection of the rights of the girl-child in Nigeria. H₂: Socio-cultural factors significantly affect the effectiveness of legal protections for the girl-child. ________________________________________ 1.6 Significance of the Study This study is significant in providing a critical evaluation of Nigeria’s legal frameworks for the girl-child, offering insights that can inform policymakers and legislators on areas requiring reform and strengthening. By highlighting enforcement gaps and socio-cultural impediments, the research contributes to more targeted and effective policy responses. Practically, the study offers recommendations for stakeholders—including government agencies, civil society organizations, and community leaders—on best practices to promote and protect girl-child rights. This will enhance advocacy efforts and improve the design of intervention programs aimed at eradicating harmful practices and promoting gender equality. Academically, the research fills a gap in Nigerian legal and social scholarship by providing an interdisciplinary analysis of law, culture, and gender rights protection. It enriches the body of knowledge on child rights and can serve as a foundation for further research on related topics such as child welfare, gender studies, and human rights law. ________________________________________ 1.7 Scope of the Study This study focuses on the legal frameworks related to the protection of the rights of the girl-child in Nigeria, with particular emphasis on federal laws such as the Child Rights Act and Violence Against Persons Act. The study examines enforcement mechanisms, socio-cultural factors affecting implementation, and regional variations in legal efficacy. Geographically, the research will cover selected states from Nigeria’s six geopolitical zones to capture diverse socio-cultural contexts. The target population includes legal practitioners, government officials, NGO workers, traditional leaders, and affected communities, particularly girls aged 6 to 18 years. 1.8 Operational Definition of Terms Girl-Child Rights: Refers to the entitlements and protections accorded to female children under international and Nigerian law, including rights to education, protection from abuse, and freedom from discrimination. Legal Framework: The body of laws, regulations, and policies designed to protect and promote the rights of individuals, specifically the girl-child in this context. Enforcement: The implementation and execution of laws through institutional mechanisms such as courts, law enforcement agencies, and regulatory bodies. Socio-Cultural Factors: Traditions, customs, beliefs, and social norms that influence behaviors and attitudes toward the girl-child and may impact the effectiveness of legal protections.

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