1,720,958 research outputs found
Assessing the protection of child offenders in Burundian criminal law : international human rights law perspective
Get PDFDissertation (LLM)--University of Pretoria, 2013.gm2015Centre for Human RightsLLMUnrestricte
A Centurial Legal History of Child Justice Reforms in Nigeria 1914-2014
Get PDFThis paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by the police and the juvenile court structure and procedure were not protective. Offenders were sent to institutions but extensive research carried out across the country shows that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 2003- 2014, has recorded positive improvement. The Child Rights Act 2003 introduces key reforms such as codified legal rights for children, diversion, Centralised Children Police Unit, Family Courts and two novel non-custodial disposition methods. The author recommends the implementation of the Committee on the Rights of the Child Observations to fully protect child offenders in Nigeria
Enforceability of socio-economic rights: Seeing Nigeria through the eyes of other jurisdictions
Get PDFSocio-economic rights are now enforceable in several countries. In Nigeria, the Fundamental Objectives and Directive Principles of State Policy which contains detailed provisions on socio-economic rights remain non-justiciable. Nigeria has equally ratified the African Charter on Human and People’s Rights that provide for socio-economic rights which has been adopted into the Laws. However, the Policy is embedded in the Constitution which has primacy over the African Charter. Also, there are no specific provisions in the Constitution on socio- economic rights. Hence, these rights remain a mirage in Nigeria unlike the position in other jurisdictions. In countries like South Africa, India and some Latin American countries, the enforcement of these rights have been achieved by either merging constitutional provisions with socio-economic rights or the courts giving expansive definitions to the provisions of the Constitution. This author argues that for citizens of Nigeria to enjoy these basic rights, the judiciary must take the centre stage and shed the garb of conservatism. More importantly, the legislature and executive also have active roles to play
The practice of federalism in Nigeria and the national debate on ‘restructuring’: pathways for conflict resolutions and stability
No full textAt independence in 1960, a federal system of government was maintained due to the multi-ethnic nature of the country. The imbalance in the federal structure amongst other factors led to the fall of the First Republic and eventual military takeover in 1966. The military rule of 1966 - 1979 and 1983 - 1999 (Second Republic 1979 - 1983 and abolition of Third Republic in 1993) created a monolithic structure of government with law making powers and higher revenue concentrated at the centre. In the Fourth Republic, that is, 1999 to date, the items in the Exclusive Legislative List have increased and the Federal Government collects larger percentage of resource allocation. This has resulted into ethnic militias‖ uprisings, call for Sovereign National Conference and the recent call for ―restructuring‖. This paper seeks to critically analyse the structure of the federal system in Nigeria from 1960 to the present administration. This is especially within the context of the division of legislative powers and sharing of revenue between the federal government and the states. Several Constitutional Conferences and Committees have deliberated on the areas of conflict and the measures to address it. This paper proposes negotiation, compromise, consensus and aligns with some of these recommendations as the pathway for sustaining the federal structure
Protection of the rights of children victims of armed conflicts in north -eastern Nigeria under international humanitarian law
Get PDFThe Boko Haram insurgency started in 2002 as an Islamic Organization in response to local grievances in Borno State. Today, it has metamorphosed into a resilient force identified internationally for its brutality and declared an armed conflict of non-international character. Their activities are visible across Adamawa, Borno and Yobe States (North-Eastern Nigeria). The 1949 Four Geneva Conventions and the 1977 two Additional Protocols (AP I and II) regulate international and non-international armed conflicts. Nigeria ratified both in 1961 and 1988 respectively but is yet to domesticate the latter. The country has several national laws and is equally a signatory to human rights instruments protecting children in situations of armed conflict. Of significance is the Convention on the Rights of the Child domesticated as the Child Rights Act (CRA) in 2003. The above-mentioned States which are hot zones for viciousattacks are yet to adopt the CRA. This paper assesses Nigeria’s commitments to international and regional frameworks protecting children during armed conflict. It analyses children’s rights in the CRA and the need to urgently activate the enforcement mechanism in the North East. The writer recommends both preventive and protective measures. For the former, the root causes of conflict such as poverty, inequality and collapsed social structure must be tackled. The latter are ensuring family unification of unaccompanied orseparated children; providing psycho-social programs to displaced children and abused as well as support the release and reintegration of children affected by the conflict.
Keywords: Children, Armed Conflict, North-Eastern Nigeria, Humanitarian Law, Human Right
GENDER ISSUES AND THE NIGERIAN CONSTITUTION: A RAY OF LIGHT, OR TWILIGHT ON THE HORIZON?
No full textThe consensus in modern democracies is that constitutions should be based on inclusivity. However, the Nigerian constitution is replete with provisions which are interpreted to either deny the realities of women or outright discriminate against them. This article examines the intersections of gender, law and the Nigerian constitution. It argues that women have played a minimal role in the history of constitution making. The inclusion and interpretation of equality; non-discrimination; negative vs. positive rights and gender quotas are biased. The article posits that a conscious effort to give women presence in the polity started in the Nigerian Fourth Republic. The National Gender Policy mainstreamed gender to increase the participation of women in politics and hoisted favourable economic strategies. In addition, in 2014, President Goodluck Jonathan inaugurated a national conference, where far-reaching resolutions were made on gender issues. Consequently, some of the socio-economic rights have been made justiciable and imputed in the latest Constitutional Amendments Bill. An impasse between the president and the National Assembly led to his refusal to assent. The tenure of the government has ended and the resolutions of the conference may not be revisited for some time to come. In contrast to the earlier position, the Nigerian Supreme Court, in two notable decisions, strongly condemned discriminatory inheritance customary practices. The author’s finding is that constitutional amendments and a continuous active stance by the courts, amongst others, offer leeways for women’s development.</jats:p
Challenges of Lagos State Child’s Rights Law: Social Welfare Officers’ Perspective
Get PDFChild’s Rights Law (CRL) was introduced in Lagos State in 2007. Six years after its domestication, it became imperative to assess the challenges in the application of the justice provisions by different child justice administrators such as social welfare officers, the police, non-governmental organization (NGO) workers, Nigerian Bar Association (NBA) lawyers, International Federation of Women Lawyers (FIDA), family court judges and magistrates. The focus of this paper is, therefore, to present the findings from social welfare officers working in family courts in Lagos State. As at the time of the study, there were six family courts but only four were functional. The study was an exploratory and qualitative survey. A focus group discussion (FGD) was organized among a purposive sample of six assessors and supervision officers. Results indicated that all the participants claimed that social workers were not invited to participate in the formulation of the CRL. The results revealed some discrepancies between sections 138 and 151 provisions. Section 138 states that all children’s matters, both civil and criminal, will be heard in the family courts while section 151(2) states that a criminal case involving a child and an adult will be tried in a criminal court. It was also reported that there were some inadequacies among social workers, the police and judiciary. Corrupt practices among the police officers were some of the challenges militating against the implementation of the law. Parents of abused children were reported to be uncooperative. Some of the structures such as children’s centers that were supposed to be established for successful implementation of the law were yet to be established. Based on these challenges, it was recommended, among others, that the law should be reviewed and publicized adequately. Capacity building should be organized for the implementers and activities of the police officers should be strictly monitored
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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