尼日利亚执行《儿童权利公约》的法律难题

Q3 Social Sciences
I. Danjuma, Karatu Afabwaje Joel
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引用次数: 3

摘要

国际法或条约对一个国家有约束力,只要这个国家签署、批准、加入或驯化了国际法或条约。在一元论国家中,仅批准就足以使国际法或条约具有约束力,而在二元论国家中,必须遵守归化作为一项条件。这是由于各国法律体系(一元或二元体系)的特殊性。1989年,国际人权文书《联合国儿童权利公约》正式生效。自尼日利亚国民议会将其转化为《儿童权利法》(CRA 2003)以来,只有大约24个州颁布了该法律并继续执行。尼日利亚是一个在1960年独立的国家,现在由36个州组成,阿布贾是其联邦首都,都在联邦政府之下。自尼日利亚国民议会将其转化为《儿童权利法》(CRA 2003)以来,许多州已经颁布了这项法律,以便进一步实施。然而,很少有国家遵守这一规定,并提出一个问题,即上述《儿童权利公约》是否对联邦所有国家都具有约束力。本研究旨在考察《联合国儿童权利公约》和《紧急援助协定》在尼日利亚的执行程度。本研究的研究方法是纯理论的,其中图书馆资料,如书籍,期刊文章和在线文章都经过仔细选择和分析。本文件建议设立一个全球性机构或机关,负责确保国际法或条约得到充分遵守和执行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria
International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.
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来源期刊
Sriwijaya Law Review
Sriwijaya Law Review Social Sciences-Law
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