¹Brisibe, Beimonyo Vivien, ²Ayibamientei, TonbieYabefa, ³Anurume, Peace Nkiruka

¹LLB (RSU), BL (Abuja), LLM (Aberdeen), PhD (Leeds), Law Lecturer, Niger Delta University, Bayelsa State, Nigeria.
²LLB, (IU) BL(Abuja), AICMC, Researcher, Stanley Damabide & Partners
³LLB (BIU), BL (Abuja)

DOI : https://doi.org/10.47191/ijsshr/v7-i09-24

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ABSTRACT

Children have the right to life, survival and development but also a right to be protected from any form of abuse, particularly in schools. Therefore, the standards for child protection in schools should be guided by the principles that prioritize the safety, well-being and rights of children. These principles form the basis of child protection safeguarding policies in schools and are paramount in ensuring a safe and secure learning environment for children. Yet the spate of child protection issues in Nigeria raises questions regarding the existence, implementation and enforcement of the pieces of legislation and policies within schools. This work not only examined the legal framework for child protection in Nigeria but also the legal implications of child safeguarding policies in schools. It argues that in order for schools to create a secure and safe environment for learning, firstly, the establishment of child safeguarding policies and procedure are critical to achieving this. Secondly, schools need to abandon the old concept of punishment-based discipline that relies on fear and embrace a more modern correction-based approach to discipline and establish structures to leverage discipline to achieve a safe and secure environment for all. It concludes that safeguarding policies should be viewed as a school’s translation of child protection legislation for action and as such, its implementation manual. In drawing lessons from the UK, the study recommended that government needs to drive child protection issues through the education of stakeholders and the establishment of an enforcement mechanism or regulatory body. This body should coordinate child safeguarding issues by providing a platform for stakeholder collaboration in order to achieve more cohesion within the sector.

KEYWORDS:

legal implication, child protection, child safeguarding policies, school discipline, child right act.

REFERENCES
1) Section 277, Child’s Rights Act 2003.

2) Save the Children, ‘Child Protection’accessed 28 December 2023.

3) P.G. Jaffe and others, Child Custody and Domestic Violence: A Call for Safety and Accountability (SAGE Publications, Inc 2003)accessed 28 December 2023

4) S Adewale and CO Potokri, ‘Assessment of Child Protection Policy Awareness in Secondary Schools’[2023] EUREKA: Social and Humanities 3 (1) 39-49.

5) WHO, ‘Child Maltreatment’accessed 29 December 2023

6) M. Illyemi, ‘Violence against Children in Nigeria increased by 5% in Five years ; Lagos State Safeguarding and Child Protection Policy' (2016)accessed 29 December 2023. A few years ago, a pupil in a school in Lagos State became blind after he was flogged for not paying his school fees by a teacher in the said school. Reports stated that the pupil’s right eye was covered in blood as a result of the cane injury inflicted on him by the teacher. O Omojuyigbe, ‘Proprietress to Pay N25M to Pupil Made Blind by Flogging’accesssed 30 December 2023. Also see, S Osaji, ‘Whitney: Lagos Government Files Manslaughter Charge against Chrisland’accessed 30 December 2023.

7) CRA (n 1) s1.

8) Ibid, s2.

9) Ibid, s10.

10) Ibid, s11

11) H.S.B. Harefa, “Child Abuse in the School Perspective of Child Law Protection”, International Journal of Business, Economics and Law, 2019, 20(5), 2289.

12) R. Asio and others, ‘Child Protection Policy Awareness of Teachers and Responsiveness of the School:Their Relationship and Implications’, Shanaix International Journal of Education, 2020, 9(1) 1-10.

13) Ibid.

14) Ibid.

15) M.N. Patel and C.L. Gracia, “Legal Framework for Safeguarding: A Comparative Analysis”, Journal of Legal Studies, 2020, 38(2), 150-165.

16) P.C. Davies and S.A. Robinson, “Safeguarding the Future: A Study of School Policies and Practices”, Journal of Education Law and Policy, 2019, 35(4), 320-335.

17) Ibid.

18) J.A. Smith and M.R. Brown, “Ensuring School Safety: A Primer on Safeguarding Policies”, Journal of Educational Research, 2021, 45(2) 112-125.

19) Child Safety Resources, ‘Child Abuse’/neglect’accessed 29 December 2023. Neglect can also be described as not giving enough care or attention to people or things that are your responsibility.Cambridge Dictionary, ‘Neglect’accessed 29 December 2023.

20) S. Bovarnick, ‘Child Neglect’accessed 29 December 2023.

21) Thomas v Quartermaine(1887) 18 QBD685at p.694.

22) P.N.J. Kassim, Law and Ethics relating to Medical Profession, 2007,63.

23) Loghelly Iron &Coalv M’Mullan, [1934]AC1.

24) P.N.J. Kassim, Law and Ethics (2007,note 28), p.64.

25) P. Winifield, ‘The Foundations of Torts’ [1953] Harvard Law Review 49(2) 281-302.

26) Donoghue v Stevenson (1932) UKHL 100.

27) J.C. Anderson and S.L. Martinez, “Navigating Ethical Challenges in Education: A Comprehensive Analysis of Exploitation” Journal of Educational Leadership, 2019, 14(2), 87-104.

28) Ibid

29) (n 25) at p. 66.

30) Ibid

31) [1953] 2All ER 1403

32) Ibid at 1406

33) Carmarthenshire County Council v Lewis[1955]AC 549,566.

34) (1937) 1 Solicitors Journal 630.

35) Omaplex Law Firm, ‘The Concept of a Fiduciary Relationship in a Legal Trust’accessed 11 April 2024.

36) Mansell v Griffin [1908] 1KB 160, 167-168.

37) The criminal code is in force in the Southern states of Nigeria whilethe Penal code(Section 55), whichis inforce in the Nortern states and the Federal Capital Territory.

38) Section1 of the Criminal code defines grievous harm as any harm which amounts to maim or which seriously or permanently injures health or which extends to permanent disfigurement or to any permanent or serious injury to any external or internal organs or sense.

39) Ryan v Fildes [1938]3 All ER 517.

40) E.M.Labid, ‘Principles of discipline’< https://www.scribd.com/presentation/701487617/principles-of-discipline>accessed April 11 2024.

41) W Ologe, Discipline is not an emergency (Smart Office Ltd 2023) p6.

42) Ibid p.15

43) Ibid, s33.

44) Ibid, s17(f)

45) C. Unini, ‘The Rights of a child in Nigeria’< https://thenigerialawyer-com/the-rights-of-a-child-in-nigeria/>accessed 29 December 2023.

46) Child Rights Act, (n1) s1.

47) Ibid, s4. See also s.5: right to a name, s.6: freedom of association and peaceful assembly, s.7: freedom of thought, conscience and religion, s.8: right to private and family life, s.9: freedom of movement.

48) Ibid, s12.

49) Ibid, s13.

50) Ibid, s14.

51) Ibid, s15.

52) Ibid, s16.

53) Ibid, s26.

54) Ibid, s27.

55) Ibid, s25.

56) S. Aya, ‘34 States have Domesticated the Child Rights Act,’ This Day accessed 30 December. The National Child Rights Implementation Committee is saddled with the responsibility of enforcing the provisions of the Act.

57) This Act was passed into law in May 25, 2015

58) National Agency for the Prohibition of Trafficking in Persons, ‘Violence against Persons (Prohibition) VAPP Department’accessed 29 December 2024.

59) VAPP 2015, S.1, S.3, S.14.

60) Ibid, s1.

61) Ibid, s38.

62) Ibid, s28.

63) N.J. Ogunode and A. Samuel, “Educational Policy in Nigeria: Challenges of Implementation and Ways Forward”, Middle European Scientific Bulletin, 2020, 4, 1.

64) T.A. Obembe and others, “Awareness and knowledge of National School Health Policy and School Health Programme among Public Secondary School Teachers in Ibadan”, Nigerian Medical Journal, 2016, 57(4), 217-225.

65) UNESCO, ‘National School Health Policy’accessed December 29 2023.

66) NSHP, chapter 2. Others include:clarification for staff and pupils of the social aims of the school; provision of stimulating challenges for all pupils through a wide range of activities, development of good links among associated primary and secondary school to plan a coherent health education-curriculum, consideration of the role of staff as exemplar in health-related issues; consideration of the complementary role of school meals, in cases where it is provided to pupils, to the health education curriculum; realization of potential specialist services in the community for advice and support in health education, and the development of the education potential of school health services beyond routine screening and towards active support for the curriculum.

67) Child Rights Act, section 14 (n 50).

68) Chapter 2, para. 2.2.

69) National Policy on Safety, Security and Violence- Free Schools in Nigeria (NPSSVFS) 2021, p. xv.

70) Ibid, p. ix.

71) (n 69) s2, para. 11.5

72) NPSSVFS, 2021, s2, para. 11.6.

73) Ibid, s2, para. 11.12.

74) A. Omeni, ‘The Chibok Kidnapping in North-East Nigeria: A Military Analysis of Before and After’ raccessed 11 April 2024.

75) Ibid.

76) LSCPSP 2016. Lagos State stands out from other states in Nigeria as the first State with a clear safeguarding and child protection policy tailored for schools and child-related institutions.

77) Ibid, para. G, p.6

78) Ibid. para. A, p.3

79) VAPP 2015, s2(4).

80) Ibid (n76) para.R

81) Ibid para.W

82) Ibid,para F, p.5. Also the Implementation of the LSCPSP 2016 is the responsibility of the Ministry of Youth and Social Development, in partnership with the Lagos State Domestic and Sexual Violence Response Team, see para Y ,p. 13

83) Lagos state child protection and safeguarding policy 2016, (n 76), Annexture 2, p. 17-20.

84) E. Udozima, ‘Low Awareness Major Threat to Child Rights Lawaccessed 30 December 2023

85) S. Abulude, ‘Child Protection: Lagos Decries Deaths from Negligence in Schools’accessed 30 December 2023.

86) N.J. Ogunode, “Educational Policy in Nigeria: Challenges of Implementation and Ways Forward”, Middle European Scientific Bullentin,2020, 4, 4.

87) E. Udozima, ‘Low Awareness (n 84), p. 5

88) M. Illyemi, ‘Violence against Children in Nigeria’ (n 6). In Whitney Adeniran’s case, her death may have been averted if the staff on ground and the students were adequately trained to handle such emergencies.

89) E. Udozima, ‘Low Awareness’ (n 84)

90) Ibid.

91) Ibid.

92) CFRN,1999, s36 (12).

93) D. Onozure, ‘Lagos Teacher Bags Life Jail for Defiling Six-year-Old Girl’accessed 30 December 2023.

94) see (n 6)

95) I. Obiareri, ‘Anambra Shuts School after Two-Year-Old-Sustains-Injury’accessed 30 December 2023.

96) K. Daramola, ‘Kaduna Shuts School, Orders Arrest of Principal, Vice over Death of Students’accessed 30 December 2023.

97) A. Adebumiti, ‘Taming Menance of Sexual Abuse in Schoolsaccessed 8 January 2024.

98) Ibid.

99) B. Gallagher, ‘Child Protection in England: Here is What Social Work Experts know must Change in the System’accessed 20 January 2024.

100) R. Jones, The UK Child Protection System is Laudable: Why Risk it with Reform’ accessed 20 January 2024.

101) Ibid

102) N. Timmins, ‘Maria Colwell’s Death led to Legislations over Two Decades’ accessed 20 January 2024.

103) B. Gallagher, ‘Child Protection in England (n 99).

104) Ibid.

105) The Education Hub, ‘How Children and Young People are Kept Safe in Schools and Colleges and How we are Making them even Safer’accessed 23 January 2024.

106) (n 105).

Volume 07 Issue 09 september 2024