An Assessment of the Role of Law in the Protection and Promotion of Rights of Children Living With HIV/AIDS in Nigeria
CHAPTER ONE
Aims and Objectives
The aim and objectives of this research work is to assess the role of Law in the protection and promotion of the rights of children living with or affected by HIV/AIDS in
Nigeria and with the view to study following issues:-
- To show that children living with HIV/AIDS have rights to be protected by government and individuals and any breach of such rights is subject to the wrath of law and it is remediable.
- To examine the nature, scope, meaning and impact of HIV/AIDS.
- To analysis the legal framework in the protection and promotion of the rights of children living with HIV/AIDS, by reference to international, regional and national instruments in the protection of the rights of these children.
CHAPTER TWO
CONCEPTUAL CLARIFICATION OF TERMS AND HISTORICAL DEVELPOMENT
Introduction
The chapter intends to discuss the meaning of a child, the meaning, nature, and scope of HIV/AIDS. It will also discuss the nature and scope of child rights to health under international, regional and domestic law and all the relevant terminology.
The chapter also intends to look at the meaning of a child, meaning and nature of HIV/AIDS, types of HIV/AIDS, transmission of HIV/AIDS in children. The chapter will consider prevention of transmission of the HIV/AIDS in children, care of children living with
HIV/AIDS, finally treatment of HIV/AIDS in children.
Meaning of A `Child`
Today, half of all new HIV infections occur among children and young people under 25 years of age, the people who were born and who have grown up during the AIDS epidemic. The epidemic is straining resources in already impoverished communities and creating new obstacles to the realization of children‟s rights to survival, development and protection. The failure to ensure children‟s rights creates opportunities for HIV infection. At the same time,
HIV/AIDS creates opportunities for the violation of children‟s rights. Unfortunately, most epidemiological data collection for HIV uses 14 as the cut-off age for children and labels all people above this age as adults, but to clear this confusion we have to know who is a child. Under Article 1 of the Convention on the Right of the Child defines, “a child as a person below the age of 18, unless the law of a particular country set the legal age for adulthood younger.”
Also to avoid discriminating against any portion of the global population of children, all persons under the age of 18 should be counted and referred to as children. This means that until all-inclusive data on children become available, references and statistics that count children between the ages of 15 and 18 together with adults should be clearly identified as being inclusive of children.3
A child is usually defined in relation to age; there are varying definitions of a child as there is varying of law. A child is a young human being who is not yet an adult. The customary definition of a child varies from one ethnic group to another as a result of nonunification of customary laws in Nigeria. Thus a boy child in one ethnic group remains a child until he is initiated into an age grade society or until he or she is old enough to contribute financially to community development while another childhood terminates upon attaining puberty.
For the purpose of this research work, a child is defined under the African Charter on the right and welfare of the chid, the United Nations Convention on the rights of the Child, and the Child Rights Act “as person under the age of eighteen years”.
Similarly, under the convention a child means “every human being below the age of 18 years unless, under the law applicable to the child, majority is attainable earlier.”
CHAPTER THREE
ANALYSIS OF THE LEGAL FRAMEWORK IN THE PROTECTION AND PROMOTION OF THE RIGHTS OF CHILDREN LIVING WITH HIV/AIDS IN NIGERIA
Introduction
This chapter intends to analysize the legal framework in the protection and promotion of rights of children living with HIV/AIDS in Nigeria. In doing so, the chapter examines various provision of the law at international, regional and domestic level in the protection and promotion of the rights of children living with HIV/AIDS.
It also examines mechanisms to be employed in the protection and promotion of rights of these children under international, regional and domestic instruments.
Nature and Scope of Rights of Children under International, Regional and Domestic Laws
As mentioned earlier, the aim of this research work is to examine the role of law in the protection of rights of children living with or affected by HIV/AIDS. This cannot be achieved without examining children rights provided under various laws. Children are recognised as one of the population group that are at high risk to HIV/AIDS problems. Consequently, there is need to adequately make laws and policies that will take care of them.
Fundamental rights of children need to be protected, especially children with or affected by HIV/AIDS. Children experienced different discriminatory practises in society. In doing so, the chapter examines rights provided under international, regional and domestic laws protecting the rights of children in the context of HIV/AIDS.
CHAPTER FOUR
IMPORTANCE AND CHALLENGES IN THE PROTECTION AND PROMOTION OF THE RIGHTS OF CHILDREN LIVING WITH HIV/AIDS IN NIGERIA
Introduction
The chapter intends to look at the challenges, importance, and prospects in the protection and promotion of rights of children living with HIV/AIDS in Nigeria. In doing so, the chapter will examine problems encounter by these children in relation to fundamental rights and how they are violated in our society.
It shall also, discuss various alternative ways ranging from legal, social for protection and promotion of rights of children living with or affected by HIV/AIDS.
CHAPTER FIVE
SUMMARY AND CONCLUSION
Introduction
Finally this chapter is the concluding part of this research work. The chapter will summarize and conclude the whole of the study by making observations, suggestions, and recommendations regarding the subject matter of the research.
Summary
Despite the availability of information on the HIV/AIDS pandemic HIV/AIDS is still spreading in Nigeria. It has detriment effects on the lives of young children in Nigeria as it exposes them to different kinds of practices which include discrimination, stigma, sexual abuse, exploitation neglect, isolation, inaccessibility to health and public services. Thus denial of their rights makes children more vulnerable to HIV/AIDS. But when their right to survival, development, protection, promotion and participation are realized children are less likely to find themselves in situation not at the risk of HIV/AIDS infection. But also free from all kinds of violations and practices. Furthermore, the general protection of children`s rights which include healthy, physical, and emotional growth and development. And also special attention to children with/affected by HIV/AIDS in such areas as sexual exploitation, abuse, neglect. And the promotion of their rights among others to information, education, health and social services reduce the impact of HIV/AIDS in children and enhance HIV prevention and care strategic in children with/affected by HIV/AIDS.
Findings
Most of the instruments dealing with protection and promotion of human rights do not make specific reference to issue of HIV/AIDS. However there are instruments both at international, regional and national level that indirectly deal with protection and promotion of rights of people living with HIV/AIDS especially when it comes to issue care and support, testing, prevention, transmission and treatment of HIV/AIDS. Thus even these instruments mentioned do not take issue of children into consideration, for instance issues relating to counselling and information about HIV/AIDS most of these policies only refers to adult, also when it comes to issues of prevention young girls whom affected by HIV/AIDS do not have the idea on how to protect themselves from been infected with HIV/AIDS.
Recommendations
The HIV/AIDS epidemic is a condition that promotes the violation of children rights being also a significant indicator of human rights deprivations, health as well as a developmental problem, is one that requires a multi-sectoral and multi-dimensional approach to prevention, control, and management.
The government of Nigeria under the international human rights treaties and international human rights standards bond itself to adequately safeguard the health of its citizens with the recourses available to its disposal. But unfortunately, Nigeria government has not fully awakened to the reality of the epidemic despite the progressive trend in its spread and consequent destruction. This is evidenced by the fact that the national assembly has not passed any Bill that addresses the need of people living with HIV/AIDS. Rather, national policies expressing statements of intent have been established. In lieu of the above, .backdrops mentioned above and the observations made therefore, the study proffers the following recommendations regarding the subject matter of the research work.
- Adequate legal protection should be given a great attention and consideration in relation to issue of protection of rights of children with HIV/AIDS. For example, appropriate legislations and national policies in relation to the issue of children in the context of HIV/AIDS should be enacted and also the existing ones should be review and adequately implemented.
BIBLIOGRAPHY
Books
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