DAY OF THE AFRICAN CHILD: A NURSE’S CALL FOR A CHILD FRIENDLY JUSTICE SYSTEM by Ijeoma Ilo

On June 16, 1976, nearly ten thousand black students from Soweto, South Africa, marched the streets to protest the poor quality of their education.

They marched to demonstrate their disapproval of the Black Education Act, which segregated students based on race.

Hundreds of innocent students were shot by security forces and thousands were badly injured as a result of this.

Since 1991, the Day of the African Child has been celebrated on June 16 to commemorate those killed during the “Soweto Uprising” in South Africa, and to recognize the courage of the students who marched for their right to education on the 16th of June, 1976.

The Day of the African Child is also an opportunity to raise awareness on the need to improve the rights, social justice and education of children living across Africa.

This is a need that still very much exists today, hence the theme of the 2020 Day of the African Child is “Access to a Child-Friendly Justice System in Africa”

Of over 57 million primary school age children currently out of school around the world, over half are from sub-Saharan Africa, Nigeria inclusive.

This has created a lot of hardship and problems for the African Child. African Children are not only denied basic education but also have found themselves in an environment that is devoid of Child-Friendly Justice.

The African system has no provision for total protection of children unlike their counterparts in the Western world, making the African Child vulnerable to exploitation and intimidation.

Millions of children in Africa do not have access to justice that is needed to realize their rights.
They do not receive the treatment they deserve as victims, witnesses, children with welfare needs, the subject of parental disputes and as potential claimants for redress when their rights have been violated.

The justice systems in Africa are often hard to reach; courts are usually situated in large towns, and in most African countries, children cannot approach a court in their own right.

In Africa, only South Africa has a widespread legal aid system that is available and accessible to children.

An x- ray of what a child-friendly justice looks like was discussed at a conference in Kampala, Uganda in 2011. The conference led to the formulation of Guidelines on Action for Children in Justice Systems in Africa.

An important area that has been overlooked is the role that informal justice systems play in realizing justice for children.

People often choose these informal and largely traditional systems over more formal processes for the following reasons; they are affordable and accessible, no long delays in adjudication and lack of trust in the formal justice system.

The informal justice system play an important role in communities, often focusing on restorative justice and taking a conciliatory approach which serves to rebuild relationships and secure peace in communities. They are also close to the communities they serve, and familiar with local issues.

The aim of these human rights concerns is to strengthen communities’ capacity to access and navigate the formal justice system. Only then will the formal court structures become the preferred option for seeking justice for children.

We know that informal justice systems are working in several countries but there are issues with these traditional and informal settings: gender power imbalances need to be addressed so that girls in particular get a good deal.

A typical example is that sexual offences may be dealt with through mediation between a young victim’s family and that of the abuser, which does not secure any justice for the violated child.

Children will not have appropriate legal representation or the right to an appeal. Their voices may not be heard, as others speak for them (such as elders).

This denies them the right to participate in proceedings affecting them personally.

What is the way forward?

Children need adequate information about their rights and role in justice processes. This can happen in a variety of ways and formats, including the family, school and church. There must be constant training of police officials, probation officers and social workers in children’s developmental needs.

Judicial proceedings, where necessary, should be adapted in a manner that will enable children’s meaningful participation. Children should also be informed of the outcome of justice processes, and what implications a ruling or decision might have.

Another worrisome issue is in, the healthcare system where children in Africa are denied the right to participation in their own care. The consent and opinion of children are not taken into account in the management of their health.

This has resulted in depression and some psychosomatic illnesses in children as their feelings are not taken into account when decisions that will affect them are made.

With all these there is a need for nurses to step in as advocates to maintain quality of care and protect peadiatric patients’ rights.

Nurses must intervene when there is a care concern, and following the proper channels, work to resolve any patient care issues.

The actions of nurses defending the rights of hospitalized children are mainly performed by providing guidance that enable the participation of children in their own care and promote the autonomy of parents or legal guardians to make decisions concerning the care provided to their children.

Nurses should be alive to their duty as social justice advocates which is one of the services they have obligation to deliver to the public.

Pediatric nurses advocate for children and their families from diverse backgrounds in various ways and in multiple settings as they provide evidence- based care and education to meet their needs.

Many child rights experts, advocates, defenders, campaigners, policy-makers, lawyers and academics continue to call for action to make access to justice a reality for all African children.

As we celebrate this years Day of the African Child, we need to make the judicial environment a child friendly arena and the health system accommodating for every child.

 

Ilo Ijeoma Judith, a lecturer at UNN, is a Fellow of the West African College of Nursing & Fellow African Institute of Public Health Professionals.