CHAPTER ONE

INTRODUCTION

BACKGROUND TO STUDY

Who is a Child? A Child under the Nigerian socio cultural context varies widely due to lack of uniformity in the cultural system. In some ethnic groups, a boy remains a child until initiated into an age grade society or until he is old enough to contribute physically and financially to the community development. In some societies, childhood terminates at puberty.

Under the common law, the age of puberty in the case of a boy is fourteen (14) while that of a girl is twelve (12) years. However, it is not certain whether the common age for puberty apply in Nigeria. Under the customary law, there is no fixed minimum age for puberty. According to Sagay (1999), the age of puberty amongst the Yoruba is fourteen (14) for girls and seventeen (17) for boys. For the itsekiri, it is sixteen (16) for girls and twenty (20) for boys.

However, with regards to section 2 of the Children and Young Person Law of Lagos State (1973), which provides for the welfare of the Young and treatment of young offenders, a child is a person under the age of fourteen (14) years. The Nigeria Labour act (1974) considers a child as a person below fifteen (15) years of age while the National Child Welfare Policy (1989) define a child as anybody who is twelve (12) years of age and below. This uncertainty trailing the definition of a child under the Nigeria Law was finally laid to rest by section 274 of the Child’s Rights Act (2003) which defines a child as a person who has not attained the age of eighteen years. It must however be noted that this is in line with convention on the Right of the child (CRC) and the African Charter on the Rights and Welfare of the child both to which Nigeria is a Signatory.

In the Nigerian society, Children are seen as the gift of God. In fact, children are well admired, adorned and revered at and are often regarded as the most precious possession. Nigerians undoubtedly are people that strive to place high premium and accord special recognition to their child.

Child abuse is an offence that is committed by parent, caregivers or elderly neighbour against a child. It involves all forms of child maltreatment, abuses and violation of Child’s Right which can result in serious physical and emotional harm of the child and even death. Child abuse according to the African Network for the prevention and protection Against Child Abuse and Neglect (ANPPCAN) defines child abuse as the intentional, unintentional or well intentional acts which endanger the physical health, emotional, moral and the educational welfare of children. Going by this definition, wrongfully maltreating a child or selfishly making an unfair use of a child’s service by adults responsible for the child constitutes child abuse.

The researcher has however aimed at discussing the crime of child abuse in three major perspectives as follows: Physical abuse, Sexual abuse and Psychological abuse. Physical abuse involves the deliberate and intentional infliction of physical pain on child either as a form of punishment or as a result of the evil mind of the custodian of a child. It involves physical aggression directed at a child by an adult. Bruises, scratches, burns, broken bones, lacerations and rough treatments that could cause physical injury can be physical abuse. Psychologist Alice Miller noted in her books on child abuse took the view that humiliations such as spankings and beatings, slaps in the face etc are all forms of abuse because they injure the integrity and dignity of a child even if their consequences are not visible right away. Physical abuse involves contact either by hand or by using other physical object on a child with the intention to cause him/her feelings of pain, injury, suffering or bodily harm.

Child labour which involves the exposure of a child to long work hours in a dangerous and unhealthy environment with too much responsibility for their age at the expense of their schooling and social recreation is a type of physical abuse e.g. Street hawking.

Child Sexual abuse is defined by CAPTA (Khatri, 2004) as the employment, use of persuasion, inducement, enticement or coercion of any child to engage in any sexual explicit conduct for the purpose of producing a visual depiction of such conduct. It is the rape and in the case of caretaker or inter familiar relationships, statutory rape, molestation, prostitution or other forms of sexual exploitation of children or incest with children. As a result of the secrecy that characterizes these cases, sexual abuse is the most often under-reported form of child maltreatment. Sexually abused Children experience emotional problem from a feeling of guilt and shame.

Psychological abuse is any kind of abuse that is emotional rather than physical in nature. It can take the form of verbal aggression or certain form of behaviour like constant criticism, verbal abuse and intimidation. The victim of psychological/emotional abuse in a child is the psyche rather than the physical body. Behaviours such as loud yelling, coarse and rude attitude, inattention, harsh criticism, and denigration of child’s personality, ridicule, destruction of personal belongings, torture or killing of a pet and inappropriate or excessive demand constitute acts which deal a big blow on the psychology of the child.

The National Clearinghouse on Child Abuse and Neglect Information (2006) defines emotional abuse as acts or omissions by the parent or other caregivers that have caused or could cause serious behavioural, cognitive, emotional or mental disorders. Emotional abuse can thus be seen as any attitude, behaviour or failure to act on the part of a caregiver who interferes with a child’s mental health, social development or sense of self worth. It is probably the least understood, yet the most prevalent, most cruel and destructive type of abuse. It attacks the child self concept making the child see him/herself as unworthy, worthless and incapable. When a child is constantly humiliated, shamed, terrorized or rejected, the child suffers more than if he/she had been physically maltreated. The resulting effect is that most children often withdraw to themselves leading to depression and lack of concentration in school.

To state the obvious, the social and cultural background of a child can be determining factor for his/her growth and development. Without the operation of the law, the state will not be able to control the conduct or behaviour of child abusers.

In recent times, the law in Nigeria has taken a new dimension in addressing some of the defective factors that undermine the realization of the principles that ascribe equality and justice to all citizens of the Nigerian State. The law also provides some regulatory mechanisms that encourage the attainment of opportunities for all and the alienable or fundamental rights which provide for the survival, growth and development of the child (Chapter II and IV of the 1999 Constitution of the Federal Republic of Nigeria).

The Nigerian State on her own part has adopted the United Nations Convention on the rights of the child and the African Charter on the Rights and Welfare of the Child which appeared to have laid to rest the argument that children have no clearly definable rights in Nigeria. The convention on the rights of the child was adopted in 1991. What is now required is the ratification of this foreign laws and to domesticate them as part of Nigerian Law without any disregard to section 12(1) of Chapter II of the 1999 constitution which states that “No treaty between the federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.

STATEMENT OF THE PROBLEM

It is very unfortunate that most parents and caregivers don’t know the difference between child discipline and child abuse. Parents and caregivers engage their wards in act like street hawking which they termed as child discipline. In the long run, this activities end up moulding and impacting negatively on the psyche of the child as a result of the tough experience that he/she was subjected to at a very young age when he/she is supposed to be in school for formal education. The child is also likely to come in contact with criminals in the process of hawking goods around the neighbourhoods who will in turn initiate him/her into the act of criminality.

In the traditional African society, the training of the child was the sole responsibility of the parents and the members of the community who had the right to discipline and correct the child whenever they went wrong. The parents trained the child in a way that is suitable and acceptable to the standard of the society. Following the advent of western education and the introduction of nursery and pre-primary schools, parents tend to give over the responsibility of guiding, directing, counseling and role modeling of the children to school to do what parents should in addition to their normal school function. Parents now push over the responsibility of caring for their children to the school. Many young children who would have been at home at about two years have been pushed over to the school. The task thus become enormous for the teachers and the school management to carry leading to many children being neglected, despised and abused on daily basis.

Nigerian society most especially, Abeokuta North Local Government Area where this research aimed at beaming it searchlight is plagued with incidences of child labour, child maltreatment, child marriage, child trafficking, neglect and child prostitution. The effect of such abuses are many and varied including teenage pregnancies; youth restiveness and violence, cultism, youth decadence, joblessness, arm bandits, molestations and school dropouts. This menace has eaten deep into the life of most Nigerian Children.

It is gratifying to note that the convention on the Right of Child (CRC) have now been domesticated in Nigeria. However, the National Assembly should be serious in looking at this and other international laws especially issues that affect the rights and fundamental freedom of the child. Thus, the problem now is to effectively enforce and monitor the implementation of these provisions as they affect children’s life and rights in Nigeria. These also presupposes that all social rights should be made justifiable in Nigeria so as to empower the less privileged in the society.

Research in social studies and psychology has shown that lack of resources: opportunities to work and leisure, opportunity to earn good and reasonable income for parents, ability to have access to good learning and access to good food and recreation can be responsible for a child’s criminality. Other major factors that could be responsible for a child’s criminality may include lack of decent housing and clean environment, suffering from health inequalities and living among people with indecent behaviour, questionable character and dubious lifestyle as well as living in a disadvantaged neigbourhood or overcrowded environment. In fact, these factors often work together to reinforce some of the social ills and adversities.

Consequently, where children experience several aspects of poverty and special inclusion, they become susceptive to behaviours that give room for the commission of serious crimes. For instance, children living in the slums and shanties of Sabo area of Abeokuta North Local Government may experience different health related problems more than those living in a more decent and desirable neighbourhood. Sometimes, poverty and social exclusions are transmitted throughout a child’s lifetime, even so to the extent of passing it onto his offspring and across many generations for instance, leprosy and tuberculosis.

In a nutshell, economic status of family, parents or guidance as well as the environment has far reaching effects on the youth and development as well as survival of the children.

RESEARCH QUESTIONS

1.               How does child abuse cause crime?

2.               Why are there still incidences of child abuse in our society?

3.               What are the implications and effects of child abuse and neglect on our society?

4.               Is there any link between abuse and socio-economic status of a child?

HYPOTHESIS

(a)   Ho: There is no significant relationship between child abuse and the increase in the level of crime and criminal behavior in our society.

(b)    H1: There is significant relationship between child abuse and the increase in the level          of crime and criminal behavior in our society.

(c)    (a) Ho: There is no significant relationship between child abuse and the high level of poverty and low socio-economic status of people living in Abeokuta North Local Government Area of Ogun State.

(d)   H1: There is significant relationship between child abuse and the high level of poverty and low socio-economic status of people living in Abeokuta North Local Government Area of Ogun State.

OBJECTIVE OF THE STUDY

In view of the research questions in 1.3, this research have hereby attempted to:

1.               Explain and analyze how child abuse can cause crime.

2.               Highlight how poverty and low socio-economic status have been responsible for the increase incidence of child abuse and neglect in our society.

3.               Analyse the effects and implications of child abuse on our society.

4.               Increase the level of awareness of the crime of child abuse in our society.

5.               Canvas for public orientation and sensitization to reinforce parenting skills.

6.               Recommend to schools, a kind of programme to sensitize children on avoiding potentially harmful scenarios.

7.               Make recommendations to the government and other policy makers on how the crime of child abuse can be abated.

SIGNIFICANCE OF THE STUDY

This study will be of great importance as it will provide necessary information on the causes, effects and means to curtail or reduce the crime of child abuse and neglect in Nigeria. Apart from providing means and strategy for curtailing the prevalence of the crime of child abuse and neglect in our society, this study will also advocate for practical and conscientious moves towards the rehabilitation of children that have already been a victim of various forms of abuses. In practical terms, the findings of this study will bring to the fore; the inadequacies, deficiencies, flaws and other problems inherent in the enforcement of the Child’s Right Act 2003 and other laws on the rights of the child.

The crime of child abuse has received little attention from people in our society in time past. This study has hereby aimed at bringing the crime of child abuse into the limelight and also steps to take in curbing its menace.

This research is also aimed at analyzing the crime of child abuse and how it impacts on our society. The government and other policy makers will also find this work very handy in an attempt to find solutions to this problem. Similarly, this work will also assist law enforcement agencies in their bid to abate the crime of child abuse in Nigeria. And finally, this research will serve as veritable source of reference for students and researchers and those in related discipline for further research.

DEFINITION OF TERMS

1.               Abate: To put an end to, to curb or to reduce in frequency.

2.               Abuse: All forms of maltreatment.

3.               Acquaintance: People who are close to a child or living together with a child. They are usually relations.

4.               Child: Child in this study means someone under the ages of eighteen years.

5.               Child labour: Any work or services forced on children against their will at a time when they are supposed to be in school or places of socialization.

6.               Child trafficking: The recruitment, transfer, harbouring or receipt of a child for the purpose of exploitation.

7.               Crime: An act which is against the law.

8.               Custodian: Person(s) entrusted with the care of a child.

9.               Guilt: The fact of having done wrong.

10.            Incest: Sexual relations between close relatives (acquaintance).

11.            Maltreatment: It means cruel and harmful treatments.

12.            Minor: Someone who is below the age of eighteen.

13.            Molestation: The act of abusing a child or minor.

14.            Offspring: It refers to one biological child. It also includes person’s

descendants of further generation.

15.            Psyche: The mind, a child’s deepest feelings and attitude.

16.            Right: A legal or moral entitlement.

17.            Punishment: Any harsh treatment and experience.

18.            Slums: Dilapidated neighbourhood where many people live in a state of poverty.

19.            Torture: Sufferings imposed on one by another.

20.            Victim: An aggrieved or disadvantaged party in crime.