Category: Law

Principal partner at W.K Shittu & Co and lecturer in the Department of Jurisprudence and International Law, Faculty of Law, University of Lagos (UNILAG), Mr Wahab Shittu, presented this paper at the 21st speech making and prize giving day of Deregos Private Academy, Lagos.

I feel really humbled and highly honored by the invitation extended to me to deliver this lecture. When I first got hint of this invitation, my initial reaction was one of fear of disappointing the organisers, not because that would ordinarily be my intention but significantly because of my schedule prosecuting corruption cases all over the country  combined with my responsibilities at the University of Lagos. I was afraid today’s very important event may clash with such hectic schedule. I am glad that did not happen because I owe a huge debt of gratitude to the St Bernadette Educational Service and Doregos Private Academy for molding all my children.

I recall that Doregos nurtured my first son Yusuf Shittu who is now a medical doctor, my second son Rilwan Shittu also passed through the Doregos system from nursery school up until Secondary School level and today he is a Legal Practitioner, My third child, Rafiat Shittu was also here as a student and currently a Third Year Law student at the University of Lagos. Of course, the baby of the house Imran Shittu who is perhaps sitting somewhere in the crowd is still very much part of the Doregos system as a SS1 student. I can therefore say that I live, think, breathe and eat Doregos and I can proudly say that this is my second home and my natural family.

Given this background, it would have been unpardonable not to be present here today, for whatever reason. Thank you once again for this privileged invitation.

I am being called upon to examine the topic “Understanding the Rights of a Child in the 21st Century Education System”, incidentally on the occasion of the 21st Speech Making & Prize Giving Day of this great institution. I am mindful of the significance of the magical 21st both in the topic assigned to me and the coincidence of this occasion.

 

Introduction

Childhood is a time for education, recreation, growth and discovery. All children and young people, regardless of their circumstances and background, must have the opportunity to participate and engage in a world class education system and emerge equipped with the knowledge and skills they need for the future.

Education is a right to which all human beings are entitled. It is both a human right in itself and an indispensable means of realizing other human rights. It plays a very important role in achieving just societies because education can develop a child’s sense of self, sense of community, and sense of citizenship.

 

Education in the 21st Century

The 21st Century essentially is a period that has generally been characterized by a lot of advancement in thinking, methods, science and technology. This century has witnessed more growth than earlier imagined, with the potential for even more. Over the course of this period, the education sector, particularly primary and secondary education has been under the spotlight. In 2000, the United Nations began promoting the Millennium Development Goal to achieve free universal primary education for all, regardless of gender, by 2015. The MDGS were later replaced by the Sustainable Development Goals with Goal 4 focused solely on Quality Education. Amidst all of this, the rights of a child in a 21st Century Education System still remains a very critical aspect of education in this period.

From an analysis of surveys and research conducted by experts in the education sector, the consensus has generally been that in this 21st Century, from the earliest learners to adolescents, students across age groups are missing out on critical learning opportunities. These opportunities are those that help develop a range of skills, essential to tackle the challenges of our dynamic, rapidly growing world and transform students into mindful, empathetic, critical-thinking, creative, and collaborative beings.

Successfully nurturing the students of the 21st century is the call of accountability & it’s preparation starts with creating a positive school culture with a safe and caring environment with values and empathy for people and environment, embedded in the entire length and breadth of the school climate as well as high student motivation and engagement, a professional faculty culture, and partnerships with families and the community.

The schools therefore essentially need to integrate the creativity, critical thinking, communication, and collaboration skills required of world class workers and ethical citizens & prioritize the depth not breadth of learning, promote cross-disciplinary, team-based problem solving, adapting to the emerging advances in digital technologies & preparing students for working lives that may span a range of occupations, many of which may not currently exist.

In the last two decades, there has been a global movement toward rethinking the learning opportunities children need to thrive in their lives, careers, and make meaningful contributions to their local and global communities. As a result, in many developed countries, national curricula and policies have increasingly reflected learning approaches that focus on the development of the whole person, providing students with opportunities to develop a broad range of skills.

The great educationalist John Dewey’s concept of the centrality of the voice of the learner in the teaching process is mirrored in Article 12 of The United Nations (UN) Convention on the Rights of the Child (1989), which expressly states that when adults are making decision that affect children, children have the right to have their opinions taken into account and their views respected. This concept was further extended in the science of listening articulated and embraced by Loris Malaguzzi in the pre-schools of Reggio-Emilia in Northern Italy.

However it is instructive to note that the voice of the child continues to be largely absent from practice and policy contexts. As parents, teachers and researchers, we need to develop innovative and creative ways to support children in expressing their views and in doing so, develop both the art of a voice and the art of listening. Increasingly research is demonstrating that meaningful participation enhances children’s self-esteem and confidence, promotes overall development and develops autonomy, independence, social competence and resilience. Furthermore children’s higher-order thinking skills are significantly enhanced when children are afforded opportunities to speak.

Parents, teachers and researchers have a particular moral and ethical responsibility to ensure that the inclusion of children’s voices remains a priority in education, particularly in this era of global unrest and uncertainty.

 

The Rights of a child under

Nigerian Law

Since 1924, when the League of Nations adopted the Geneva Declaration of the Right of the Child, the international community has made a series of firm commitments to children to ensure that their rights-to survival, health, education, protection and participation, among others are met.

The most far-reaching and comprehensive of these commitments is the Convention on the Right of the Child, adopted by the UN General Assembly in 1989 and ratified by 192 countries including Nigeria. As the most widely endorsed human right treaty in history, the convention, together with its optional protocols, lay out in specific terms the legal duties of government to children. Hence, children’s survival, development and protection now become a matter of moral and legal obligation and no longer a matter of charitable concern.

In Nigeria, children’s Rights are protected by law under the Child Rights Act of 2003 and held sacred, not only does the law protect the child; it also stipulates punishment for adults who take advantage of children or seek to negatively influence them. The law seeks to prevent cruelty against children while stating the rights and obligations of the Nigerian Child.

Prior to the 2003 Child Rights Act, Nigerian child protection was defined by the Children and Young People’s Act (CYPA), a law relating primarily to juvenile justice. In 2003, Nigeria adopted the Child Rights Act to domesticate the Convention on the Rights of the Child.

 

Meaning and scope of the

 right to education

The right to education is a right of every human being, from childhood until the end of life, without discrimination under any grounds.

According to the World Health Organization, “child rights are fundamental freedoms and the inherent rights of all human beings below the age of 18. These rights apply to every child, irrespective of the child’s, parent’s/legal guardian’s race, color, sex, creed or other status”. One of these rights is the right to ‘education and access to appropriate information’

The guarantee of the right to education is an obligation of States Parties in the instruments of International Human Rights Law, because they are the main duty-bearers for all human rights for all. The International Community has a subsidiary and auxiliary responsibility, when States fail. However, the natural primary responsible individuals for the right to education are the parents.

As such, the right to education is a right to an education guided by the values and principles internationally agreed upon and formally incorporated in the domestic Law of the most countries.

The right to education is an empowerment right. It shall empower individuals for the full development of their human personality and participation in society and this right is further closely linked with the right to development, as education is considered a powerful tool in the fight against poverty.

 

Rights of the child in the 21st century education system

The Convention on the Rights of the Child, which is part of the Universal Declaration of Human Rights, sets out children’s right to: education; healthcare; economic opportunity; protection from abuse and neglect; protection from sexual exploitation; and protection from economic exploitation.

The Convention also says that decisions that affect children should be based on their ‘best interests’.

The Convention on the Rights of the Child (CRC) applies to children under 18. It recognizes education as a legal right to every child on the basis of equal opportunity. Its Article 28 guarantees free compulsory primary education for all; progressive free secondary education that should in any case be available and accessible to all; and accessibility to higher education on the basis of capacity. It states the obligation of the State to take measures regarding school attendance and discipline. It encourages international cooperation in matters related to education, in particular elimination of ignorance and illiteracy and access to scientific and technical knowledge. Its Article 29 defines the aims of education and recognizes also the liberty of parents to choose the kind of education they want to give to their children and the liberty to establish and direct educational institutions, in conformity with minimum standards laid down by the state.