MALTREATMENT OF CHILDREN IN NIGERIA: TO WHAT DEGREE CAN PARENTS AND GUARDIANS ADMINISTER CORPORAL PUNISHMENT ON CHILDREN AS A FORM OF DISCIPLINE.

By Christopher Adie.

The practice of disciplining children takes different forms in different societies, many societies especially in the West have entirely different approaches to discipline unlike Nigeria and many African countries where corporal punishment is the major approach to discipline. This article will examine salient questions like; what corporal punishment is, What do the laws in Nigeria say about corporal punishment, the impact of corporal punishment on kids, what is child maltreatment, and most importantly, the appropriate extent to which corporal punishment should be applied as a disciplinary measure for children. Using Nigeria as the point of discourse, And possible call to action.

INTRODUCTION:

Disciplining Children, is undoubtedly crucial in ensuring a better society, However, it is important to do it the right way and from a place of love and care. Children especially at an impressionable stage need guidance from both parents, guardians, and even members of the community where the child finds himself to make sure they do not stray, especially in societies with high tendencies of moral decadence and rise in criminal activities. Even the Christian Bible provides for the need to discipline a child, as encapsulated in Proverb 22:6, which reads; “train up a child in the way he should go and when he is old, he will not depart from it.

However, one question still gives room for debate, which is, How far one should go in the process of meting out corrections to a child to not cause irreparable harm?

PUNISHMENT/ DISCIPLINE:

There is a fine line between discipline and maltreatment; even the laws regarding child maltreatment in Nigeria recognize this fact. When the boundary between Discipline and Abuse is crossed then there is need to follow up with the necessary provisions of the law.

Child maltreatment, sometimes referred to as child abuse and neglect, includes a variety of physical cum emotional ill-treatment, sexual abuse, neglect, and exploitation which results can be immediately or potentially inimical to the child’s health, development, or dignity.

This article will specifically address the aspect of physical abuse, which is more often meted out in the form of corporal punishments.

What is corporal punishment?

Corporal Punishment is a term analogous with physical punishment; It is a form of correction which is intended to cause or inflict physical pain on a person. When inflicted on minors (children who are below the age of 18), especially in homes and school settings is administered in the form of hiding (canning) or paddling. United Nations Committee on the Rights of the Child defined corporal punishment as: “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement – whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children’s mouths out with soap or forcing them to swallow hot spices). In the view of the Committee, corporal punishment is invariably degrading. In addition, there are other non-physical forms of punishment which are also cruel and degrading and thus incompatible with the Convention. These include, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.”

Corporal punishments have in recent years attracted lots of criticism, especially from the West, and have been labeled inhumane and degrading. As of 2023, 65 countries mostly across Europe and Latin America have banned the practice of corporal punishments. However, corporal punishments have remained a common practice in schools and homes in most African countries and Nigeria in particular, despite its adverse effects witnessed over the years, it remains a form of Discipline especially towards children.

Corporal punishment has served as a tool, capable of being employed either appropriately or inappropriately. However, when used appropriately has served as a very effective tool of reformation, on the contrary when used inappropriately it has led to destructive outcomes, which in most cases culminate in death, making it a menace camouflaged as a norm.

Who is a Child?

Section 277 of the CRA defines a Child as “a person who has not attained the age of eighteen years (18).” Furthermore, Merriam-Webster’s Dictionary defines a Child as “a young person, especially between infancy and puberty.”

More so, because of their age they are perceived as weaker in size, stature, and mental capabilities therefore are easily prone to physical harm. For instance, evidence from statistics from Nigeria’s first national Violence Against Children Survey (VACS) conducted in 2014 discovered approximately six out of every 10 children experienced some form of violence; half of all children experienced physical violence, with parents or adult relatives being the most common perpetrators. UNICEF's Statistical Inquiry of Violence Against Children collected in 2011, also shows that, 91% of children aged 2-14 experienced “violent discipline” (physical punishment and/or psychological aggression) in the home in the month prior to the survey. Nearly eight in ten (79%) experienced physical punishment and 81% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). A smaller percentage (62%) of mothers and caregivers thought that physical punishment was necessary in child rearing.

The administration of corporal discipline cuts across various sectors of the Nigerian society, in schools, homes, and even churches. With children experiencing unthinkable violence all in the guise of discipline from parents, caregivers and guardians, who perceive as their right to maim children, for their wrong doings all in the name of correction. Corporal discipline has been a norm particularly in Nigeria private and public schools, it is an immediate alternative to disciplining a child for their acts of insubordination instead of suspension, so it is condoned in many schools.

In the English-speaking societies, the use of corporal discipline in schools has historically been justified by the common-law doctrine, in loco parentis; whereby teachers are considered authority figures granted the same rights as parents to discipline and punish children in their care if they are found flouting the school rules. A similar justification exists in Chinese-speaking countries. It lets school officials stand in for parents as equal authority figures. Same principle still applies in contemporary Nigeria Society.

However, many school Guardians and caregivers have abused these privileges to the extreme height of inflicting physical injuries and irreversible harm to the children under their care for even the smallest unintentional actions.

Spare the rod and spoil the child mantra.

There is a common aphorism especially among Christians that goes “spare the rod and spoil the child” this phrase which is derived from the biblical injunction in Proverb 22:15, has been misconstrued as a defense to corporal discipline. One thing nonetheless is true in this passage and that is the fact that the bible finds it pertinent to discipline a child, which is echoed in the wordings; “foolishness is bound in the heart of a child; for the rod of correction shall drive it far from him”. Straightforward as this may seem, relying on this verse from its literal point of view, will imply using a rod on a child when he is found wanting, however following the Hebrew translation of the verse from which the Bible was written originally, “rod” which is “shebet” was a staff used by a shepherd to guide and protect his flock, it was never used to hit them. Hence the biblical allusion of a “rod” in this context implies guidance, as seen in Psalm 23, where the rod is meant to comfort, not cause discomfort. Guidance can take various forms, but the ultimate goal is correction, not harm.

It is worthy of note that, the generally held view that corporal punishment deters children from committing an offense is simply erroneous. Evidence from 1938 Departmental Committee on Corporal punishment, Shows those who are flogged have slightly worse subsequent prison records than a comparable group of those who are not.

LEGAL FRAMEWORKS ON CORPORAL PUNISHMENTS AND CHILD MALTREATMENT.

Examining the legal stance on corporal punishment in Nigeria proves challenging, due to the intricate legal system, the inconsistencies of the laws regarding the subject matter and the dearth of judicial interpretations and enforcement of the existing statutes. Nonetheless, to gain a better understanding of the subject matter This analysis will delve into some of the available statutory provisions to shed light on the issue.

To gain a comprehensive insight, a holistic reading of the provisions of Section 295 (1), (4), (5) & (6) of the Criminal Code would provide more context. This section justifies any force reasonable for correcting a child under 16 for misconduct or disobedience by Parents or guardians, or may delegate this duty to another person, such as a schoolmaster who is entrusted with the child's care. Such delegated authority can be implied unless expressly withheld.

However, Delegated correction must be reasonable in kind and degree, considering the child's age, physical, and mental condition. Also Correction cannot be justified if it is unreasonable or inflicted on someone who cannot understand its purpose, such as a very young child. Same provisions apply under S.55 of the Penal Code with slight disparity in the age range, which is 18 under the Penal Code.

Furthermore, these provisions permit parents, guardians, and schoolmasters to administer corporal punishment for correction, but only to the extent considered "reasonable." However, the tenability of the "unreasonable" clause, raises questions, The absence of a clear definition may lead to ambiguity and difference in interpretation particularly concerning what degree of force can be termed "unreasonable" given that this force is applied at the discretion of the parent, guardian or schoolmaster as the case may be, and the appropriate paraphernalia for administering such force.

Moreso, The provisions outlined in S. 295 and S. 55 of the criminal code, are incongruent with Section 221(1)(b) of the Child Rights Act, which explicitly states, "No child shall be ordered to be subjected to corporal punishment.” And S. 34(1)A of the Constitution of the Federal Republic of Nigeria unequivocally states that "No person shall be subjected to torture or inhumane or degrading treatment." Which is also in tandem with Article 5 of the African Charter on Human and People's Rights, which gives prominence to the right to dignity inherent in every individual and prohibiting any form of exploitation, degradation, torture, or cruel punishment.

The extant provisions of section 295 and 55 of the criminal and penal code complicates the fight against child maltreatment, by failing to clearly define under what circumstance a child's misconduct warrants corporal punishment. These statutes neither outlines what should not be permitted for administering corporal punishment, nor provide any alternative corrective measures for a child's misconduct other than corporal punishments, thereby jeopardizing the efficacy of child rights laws in the face of maltreatment.

Axiomatically, "the rights of one person ends where the right of another begins." Which, point to the fact that whereas it is the right of parents, guardians, and those acting as parental figures to administer corporal punishment, it is crucial to emphasize that this right is only valid to the extent that it does not infringe upon the rights of the child.

Considering the statutory provisions above with S.1 of the Child Rights Act, it is deducible that the acceptable use of force associated with discipline becomes unacceptable when it no longer serves the best interests of the child.

Corporal punishment most times crosses the threshold to become inhumane and degrading to the person on whom it is administered on, it is based on this fact that invariably corporal punishment towards minors violates Human Rights.

CONCLUSION

To sum up, while this article seems to have explored the dangers of administering corporal punishments on children, it does not undermine the essence of disciplining a child, rather it reverberates the importance of reprimanding children from a young age. It underscores the fact that discipline is a process. The article also emphasizes how essential it is to employ benign force while administering discipline.

It is also pertinent to note, that the existence of a practice does not ensure the efficacy of such a practice. Therefore, it is important for parents, caregivers, and school authorities to employ the following approaches to ensure the safety of children by;

• Employing other disciplinary approaches that are beneficial and less harmful to the growth and development of a child.
• Ensuring the implementation of all laws in place to reduce violence against children. This involves ensuring the enactment of Child Right Laws in all States across the country and the punishment of offenders when necessary.
• Encouraging guidance and counseling as a major approach to delve into students' backgrounds and discover the root causes of their behaviors. This approach aims to provide support rather than adding to whatever emotional or psychological challenges they may be facing.
• Establishing and strengthening Organizations to review school policies, especially regarding discipline,sanction corporal punishments and promptly assist children experiencing physical abuse.
• Strengthening the procedures for employment of teachers and caregivers; by thoroughly scrutinizing potential staff, examining their previous records for any signs of violence. To ensure the employment of people who value human dignity and understand the repercussions of meting out such extreme punishments on children.

REFERENCES

Child and Family Law Journal. Vol. 4, no. 1, 2016, pp. 2. “Child Abuse In Nigeria: Dimension, Reasons For Its Persistence And Probable” by Olaitan O. Olusegun and Amos A. Idowu.

Uzodimma, Chinyere C., et al. “Child Maltreatment, Abuse and Neglect in a Nigerian Adolescent Boy, the Common but Unheard Menace: A Case Report from Southwest, Nigeria.” Open Journal of Pediatrics, vol. 3, 2013, pp. 377-380.

Okonkwo, and Naish. "Criminal Law In Nigeria." Spectrum Books Limited, 2012. Print.

Lawal, Iyabo. “The Case Against Corporal Punishment.” The Guardian, 19 October 2017.

Stephen, Temitope Obasaju. “Corporal Punishment and the Rights of the Child in Nigeria.” SSRN Electronic Journal, May 2013, doi:10.2139/ssrn.2267108. University of East London. https://www.researchgate.net/publication/256064047_Corporal_Punishment_and_the_Rights_of_the_Child_in_Nigeria

STATUTES

African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9 L.F.N. 2004

Child’s Right Act 2015

Federal Republic of Nigeria constitution of 1999

Nigeria Penal Code (North)

Criminal Code Act, Cap C38 L.F.N 2004 (South)