Abstract
Achieving the universal objective of a rights-based approach to education towards addressing the problem of out of school children require nations to adopt appropriate legislative measures coupled with an effective machinery for its enforcement. The need to eliminate all obstacles that stand in the way towards realising the existence of the right of a child to education and the enjoyment thereof must also be adequately addressed. Disparities within national boundaries necessitate diverse approaches. The research work has therefore examined the need for an agenda for the promotion and protection of the right of the child to education in Borno state of Nigeria. It examined the culture of the people, the historical development of education in the state with vivid statistical evidence, the general nature, form and content of child’s right as well as the historical evolution of the social, economic and cultural rights to education. The work identified and evaluated the domestic, international and regional legal and institutional framework for the promotion and enforcement of child’s right to education in Nigeria and Borno state and the various impediments to the realization of the child’s right. The essence of the analysis is to bring out the relevance and the adequacy of existing legal instruments and institutions designed to promote and protect the right of the child to education and the work has made a strong case for reform. The thesis adopted the doctrinal method of research by examining a number of domestic, regional and international instruments, reviewing of textbooks, journals, government publications and documents, statistical data, reports obtained from specialised agencies. In addition, analysis of judicial authorities relevant to the research was undertaken. Findings have shown that effective promotion and protection of the child’s right to education is the most critical factor in a child’s overall wellbeing and development. Though there is in place is host of legalinstruments and institutions at the international, regional and domestic level to provide the required backing for the protection of the child, the non-adoption and incorporation of these legal instruments into domestic law, non-adoption of the Child’s Rights Law in Borno state, non-justiciability of the constitutional provision in relation to child’s rights to education in Nigeria and absence of effective enforcement mechanism of the available State Education Laws pertaining to the right of the child have rendered ineffective the noble objective of promoting and protecting the right of the child to education in Borno state of Nigeria. The implication of this is that there is a strong need to take some revolutionary steps towards addressing the situation. It is imperative, therefore, to make justiciable in the constitution, child’s right to education, pass into Law in Borno state the Child’s Right Bill to set the basic minimum standard for the promotion and enforcement of the child’s right to education in the state; put in place appropriate institutions for the enforcement of the right of the child in Borno State.
Achieving the universal objective of a rights-based approach to education towards addressing the problem of out of school children require nations to adopt appropriate legislative measures coupled with an effective machinery for its enforcement. The need to eliminate all obstacles that stand in the way towards realising the existence of the right of a child to education and the enjoyment thereof must also be adequately addressed. Disparities within national boundaries necessitate diverse approaches. The research work has therefore examined the need for an agenda for the promotion and protection of the right of the child to education in Borno state of Nigeria. It examined the culture of the people, the historical development of education in the state with vivid statistical evidence, the general nature, form and content of child’s right as well as the historical evolution of the social, economic and cultural rights to education. The work identified and evaluated the domestic, international and regional legal and institutional framework for the promotion and enforcement of child’s right to education in Nigeria and Borno state and the various impediments to the realization of the child’s right. The essence of the analysis is to bring out the relevance and the adequacy of existing legal instruments and institutions designed to promote and protect the right of the child to education and the work has made a strong case for reform. The thesis adopted the doctrinal method of research by examining a number of domestic, regional and international instruments, reviewing of textbooks, journals, government publications and documents, statistical data, reports obtained from specialised agencies. In addition, analysis of judicial authorities relevant to the research was undertaken. Findings have shown that effective promotion and protection of the child’s right to education is the most critical factor in a child’s overall wellbeing and development. Though there is in place is host of legalinstruments and institutions at the international, regional and domestic level to provide the required backing for the protection of the child, the non-adoption and incorporation of these legal instruments into domestic law, non-adoption of the Child’s Rights Law in Borno state, non-justiciability of the constitutional provision in relation to child’s rights to education in Nigeria and absence of effective enforcement mechanism of the available State Education Laws pertaining to the right of the child have rendered ineffective the noble objective of promoting and protecting the right of the child to education in Borno state of Nigeria. The implication of this is that there is a strong need to take some revolutionary steps towards addressing the situation. It is imperative, therefore, to make justiciable in the constitution, child’s right to education, pass into Law in Borno state the Child’s Right Bill to set the basic minimum standard for the promotion and enforcement of the child’s right to education in the state; put in place appropriate institutions for the enforcement of the right of the child in Borno State.
