IN SEARCH OF PROTECTION FOR CHILD’S RIGHT: A DIAGNOSTIC APPRAISAL OF CHILD BRIDES IN AFRICA
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Date
2012
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DEPARTMENT OF JURISPRUDENCE & INTERNATIONAL LAW, FACULTY OF LAW, KOGI STATE UNIVERSITY, ANYIGBA
Abstract
Introduction
Right is a universal phenomenon, and the emergence of human rights law in international sphere is one of the most significant developments that have taken place since the end of the Second World War. Amongst the world recognized rights are right to self determination, peace, general satisfaction of environment favourable to peoples development, and people’s right to full sovereign over their natural resources; economic, social association. Others are minority rights and child’s rights. In Africa, it is common to see many communities engaged in giving out their female children out in marriage without the brides consent. This practice is rife and forceful in nature. In this case, it is the parents that give consent and that is, “consent of the parties” is absent; this makes the marriage a “forced marriage”. The parents or third parties give consent on behalf of, especially the child bride. Indeed, child bride is a form of forced marriage without respecting the right and dignity of the child.
This paper therefore aims at analyzing the reasons for the child’s brutality via undignified marriage, the paper further examines the consequence of a child marriage and child’s right to either agrees or disagree to marriage. Conclusions drawn on the legal effect of child marriage and solution proffer to the menace of child marriage.
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CONFLUENCE JOURNAL OF JURISPRUDENCE AND INTERNATIONAL LAW 5 (1): 107-114