International and Regional Legal Framework on Child Justice Administration
Most human rights scholars generally agree that children, because of their vulnerability, should enjoy additional and special rights. Thus, the realisation of the need for specific instruments for the protection of children stems from this perspective. However, not until recent, it is impossible for Nigerian and South African governments to infuse criminal justice reform with children-rights approach and to give the desired attention to child’s justice and children’s developmental issues due to long years of military rule and apartheid long periods with their flagrant disregard to human rights. In this regard, both countries accordingly take into account the special provisions that need to be made to address the needs of vulnerable children. Thus, translated the provisions of the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child to the enactment of the Nigerian Child Rights Act, 2003 and South African Child Justice Act 78 of 2008 and Children’s Act 38 of 2005. The chapter shows the strengths and weaknesses of these international and regional legal instruments on child justice administration from an African perspective and demonstrates the countries’ compliance with the legal instruments.
- Adegbola, R. E., ‘Children’s Rights in Africa: An Appraisal of the African Committee of Experts on the Rights and Welfare of the Child’ (Unpublished, Master of Law Dissertation, University of Pretoria, South Africa, 2007).Google Scholar
- Ankut, P., The African Charter on the Rights and Welfare of the Child: Linking Principle with Practice (Open Society Initiative of West Africa [OSIWA], 2007).Google Scholar
- Burr, R., ‘Global and Local Approaches to Children’s Rights in Vietnam’ (2002), Childhood, 9(1). Available at https://www.ajol.info/index.php/naujil/article.
- Glenn, Mower A., The Convention on the Rights of the Child (USA: Greenwood Press, 1997).Google Scholar
- Idyotough, Alamveabee E., Operational Research Report on Challenges of Borstal Institutions, Remand Homes, Reformatories and Approved Schools in Nigeria (Abuja, Nigeria: Federal Department of Social Welfare, Federal Ministry of Women Affairs and Social Development, 2013).Google Scholar
- Lloyd, A., ‘A Theoretical Analysis of the Reality Of Children’s Rights in Africa: An Introduction to the African Charter on the Rights and Welfare of the Child’ (2002a), African Human Rights Law Journal, 2.Google Scholar
- Lloyd, A., ‘Evolution of the African Charter on the Rights and Welfare of the Child and the African Committee of Experts: Raising the Gauntlet’ (2002b), International Journal on Children’s Rights, 10.Google Scholar
- Murray, R., Human Rights in Africa: From the OAU to the African Union (Cambridge University Press, 2004).Google Scholar
- Nieuwenhuys, O., ‘Global Childhood and the Politics of Contempt’ (1998), Alternatives, 23. Available at www.ajol.info/index.php/naujilj/article/download/82393/72548.
- Nnamani, S. O., ‘Institutional Mechanisms for Human Rights Protection in Nigeria: An Appraisal’. Available at www.legislation.act.gov.au/a/2008-19/current/pdf/2008-19.
- Ogbu, O. N., Human Rights Law and Practice in Nigeria: An Introduction (Enugu: CIDJAP Press, 1999).Google Scholar
- Okagbue, I., ‘The Treatment of Juvenile Offenders and the Rights of the Child’, in I. A. Ayua and I. E. Okagbue (eds.), The Rights of the Child in Nigeria (Nigerian Institute of Advance Legal Studies, 1996).Google Scholar
- Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria (1st ed.; Lagos: Constitutional Rights Project [CRP], 1997), 6.Google Scholar
- Osinbajo and Kalu, Law Development and Administration in Nigeria (Lagos: Federal Ministry of Justice, 1990).Google Scholar
- Owasanoye, B., and Wenham, M., Street Children and Juvenile Justice System in Lagos State of Nigeria (Human Development Initiative, 2004).Google Scholar
- Panter-Brick, C., ‘Nobody’s Children? A Reconsideration of Child Abandonment’, in C. Panter-Brick and M. Smith (eds.), Abandoned Children (Cambridge: Cambridge University Press, 2000).Google Scholar
- Pupavac, V., ‘Misanthropy Without Borders the International Children’s Rights Regime’ (2001), Disasters, 25.Google Scholar
- Roy, Nikhil, and Wong, Mabel, ‘Juvenile Justice: Modern Concepts of Working with Children in Conflict with the Law’ (A training seminar on juvenile justice organized by Save the Children UK, 2003). http://www.crin.org/docs/save/jjmodern_concepts.pdf-similar.
- Stephenie, J. Mill, ‘The Age of Criminal Responsibility in an Era of Violence: Has Britain Set a Vandabult’ (1995), Journal of Transnational Law, 28(2), Vandabult University Nashville.Google Scholar
- Van Bueren, G., The International Law on the Rights of the Child (Martinus Nijhoff Publishers, 1995).Google Scholar