Child marriage and girls' right to education in northern Nigeria

Abstract

Girls who marry as children in Northern Nigeria face significant barriers to completing their education due to household responsibilities, childbearing, and societal norms that discourage the pursuit of both marriage and education. Despite Nigeria’s ratification of international human rights treaties such as the Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child (ACRWC), the Convention on Elimination of all Forms of Discrimination against Women (CEDAW), and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). Furthermore, along with the presence of protective domestic laws like the Constitution of the Federal Republic of Nigeria 1999 (Nigerian Constitution) and the Child Rights Act (CRA) of 2003, there remain critical gaps in safeguarding the girl child’s right to education, particularly in the context of child marriage. This primary goal of this study is to investigate the impact of child marriage on the right to education for young girls in Northern Nigeria. To study primarily relied on desk-based review of existing literature. The findings underscore the inadequacy of legal protections. This deficiency in legal protection can be attributed to two key factors. Firstly, the requirement for Nigerian states to domesticate the CRA before it becomes applicable poses a significant challenge. Secondly, the CRA’s provisions aimed at safeguarding children from harmful practices like child marriage face limited effectiveness due to Part 1, Item 61 of the 2nd Schedule of Constitution. This constitutional provision restricts the central authority from intervening in marital unions, particularly in Muslim and indigenous communities. Part 1, Item 61 of the 2nd Schedule of Constitution allows individuals to arrange marriages in accordance with their faith and customs, creating a problematic legal loophole for child marriages and offering legal protection to those involved. Additionally, inconsistencies in the definition of a child in the Constitution further compound the challenge to combat child marriage. To address this issue and prevent child marriage in the country, the thesis recommends that the government harmonize all relevant legislation. The proposed approach includes educating the public about the detrimental effects of child marriage; implementing age requirements for marriage under the Constitution; advocating for new policy initiatives among government officials to strengthen the legal framework against child marriage; and rigorously enforcing child marriage laws and policies.