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ABSTRACT
This study has examined the intricacies involved with respect to child’s rights to freedom of thought, conscience and religion under Nigerian laws. It has been argued that the right to freedom of thought, conscience and religion entails the liberty of conscience
accorded to the individual to have or adopt any religion or belief
including the right to change one’s religion or belief as well as the
freedom to manifest one’s religious belief
in teaching, observance, practice and worship. The research work is
predicated upon the problems arising out of the complexities involved
with the tripartite issues of protecting the rights of the child to
freedom of thought, conscience and religion on the one hand and the
liberty of parents/guardians to secure the religious upbringing of their
children as well as the obligation placed upon States in respecting
this right. The main objective of this research work therefore, is to
provide an appraisal on the right of the child to freedom of thought,
conscience and religion under Nigerian Laws. It is contended that
children should not be allowed absolute autonomy to decide for
themselves on matters bordering freedom of thought, conscience and
religion but such delicate decision should only be exercised through
their parents/guardians who would provide directions as to the manner in
which their child should exercise his/her right to freedom of thought,
conscience and religion. It is therefore observed that Nigerian law
recognizes the ultimate right of children to freedom of thought,
conscience and religion and is to a large extent compatible with
international norms and standards under the UN Human Rights system. It is further observed that the application of freedom of thought, conscience and
religion in relation to children requires additional caution and a
special consideration of the diverse structure of the Nigerian society.
This is in view of the fact that the legal framework on child rights in Nigeria
perpetuates only the application of western ideas on the adherents of
all religions in Nigeria. It is thereby recommended that in view of the
vulnerable state of their mind, children should not be allowed full
liberty to take everlasting decision for themselves on matters
pertaining to freedom of thought, conscience and religion and that
despite the integration of the concept of autonomy into the concept of
children’s rights, such autonomy must always be made subject to the
overriding choice of parents. Any framework short of this would, in our
view, be tantamount to enforcing absolute secularism and/or free
thinking by the state on all children independent of the wishes of
parents. Therefore, the study concludes with the firm recommendation
that as Nigeria is comprised of both Muslims, Christians and
adherents traditional African religions,
a model law on the subject of freedom of thought, conscience and
religion more particularly as it affects child protection must be one
which takes into account the religious rights and interests of Nigerian
citizens without spreading western ideas on adherents of all religions
in Nigeria. It is therefore suggested that to curve the indiscreet
secular element involved in the idea of autonomy and freedom of choice
in religious matters granted to children independent of the wishes of
parents, States in Nigeria that desires to enact into law the provisions
of the CRA especially those states in northern Nigeria that applies the
sharia, such states should cautiously revise and redraft the pro-western
conception on child’s right to freedom of thought, conscience and
religion in order that respect should be accorded to the religious
rights and interests of parents and legal guardians to secure the
religious upbringing of their children.
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