Browsing by Author "Ekundayo, O. S."

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Does the African charter on the rights and welfare of the child (ACRWC) only underlines and repeats the convention on the rights of the child (CRC)’s provisions?: examining the similarities and the differences between the ACRWC and the CRC
(Center for Promoting Ideas, USA, 2015) Ekundayo, O. S.
The Convention on the Rights of the Child (CRC) is the first legally binding international instrument to address specifically children’s rights comprehensively. It is the most widely ratified human rights treaty in the world. The African Charter on the Rights and Welfare of the Child (ACRWC) was adopted in 1990. It is designed to retain the spirit as well as substance of the letter of the CRC while at the same time having special provisions guided by the situations in Africa. There are several similarities in the provisions of the two child's rights instruments. The paper examines the question whether there is need for a regional treaty on the rights of the child apart from the CRC which is global. The objective of the paper is to show whether both treaties have complemented and reinforced each other
Does the African charter on the rights and welfare of the child (ACRWC) only underlines and repeats the convention on the rights of the child (CRC)’s provisions?: examining the similarities and the differences between the ACRWC and the CRC
(Center for Promoting Ideas, USA, 2015) Ekundayo, O. S.
The Convention on the Rights of the Child (CRC) is the first legally binding international instrument to address specifically children’s rights comprehensively. It is the most widely ratified human rights treaty in the world. The African Charter on the Rights and Welfare of the Child (ACRWC) was adopted in 1990. It is designed to retain the spirit as well as substance of the letter of the CRC while at the same time having special provisions guided by the situations in Africa. There are several similarities in the provisions of the two child's rights instruments. The paper examines the question whether there is need for a regional treaty on the rights of the child apart from the CRC which is global. The objective of the paper is to show whether both treaties have complemented and reinforced each other
Employing the 4AS as essential features of education to evaluate the extent of implementation of right to free primary education in Nigeria
(Department of Jurisprudence and International Law, 2015) Ekundayo, O. S.
The right to free and compulsory primary education in Nigeria in this paper will be premised on the 4As framework, given that it is legally grounded in international law. It is central to the premise of rights- based approach (RBA) that human beings have inalienable rights. The 4As are the essential features of the right to education which are highlighted in this paper and will serve as the benchmark against which primary education in Nigeria will be analysed. Using the 4Ascheme would be a helpful tool for the interpretation of the right to education. It is meant to be a model strategy for action which would enable all children in Nigeria to attain free primary education. The four components: availability, accessibility, acceptability and adaptability are elaborated in this paper, with the aim of revealing what the situation is and what we need to do
Financial sustainability of the right to free primary education in Nigeria: what we know and what we need to do?
(Department of International Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria, 2017) Ekundayo, O. S.
This paper explored the development of free primary education in Nigeria and analysed the barriers to its effective implementation and continuous sustenance over the years. This was done by examining the country’s legislations in comparison to its obligations under relevant international human rights instruments. As analysed, Nigeria has not effectively implemented free primary education as required by relevant international instruments to which it is a State party and it has essentially failed to undertake the required measures in order to fully eliminate the payment of fees in primary schools within its public educational system. In this paper, it will be noted that Nigeria has made attempts at implementing the right to free primary education for all children albeit there are still several challenges being encountered. This is further justified by the evidence that costs of schooling are considered a reason for school dropout. Nigeria would appear to be complying with international standards based on the inclusion of the provision of free, compulsory primary education presently in its domestic laws such as the Convention on the Rights of the Child (CRA) and the Compulsory Free Universal Basic Education Act (UBE Act). Both legislations do make an affirmative obligation to a positive right to free and compulsory education. However, besides these positive legislative aspects, according to the international standards, Nigeria appears to be non-compliant in several important practical ways. A central challenge is the lack of a substantive provision guaranteeing the right to free and compulsory primary education in the Nigerian constitution, which is the ‘grundnorm ’. The Constitution does not expressly provide for a substantive right to education, rather, it only provides the legal framework for educational objectives and management in the country
Foreign aid and international assistance for implementing free basic education in sub - saharan Africa: prospects and challenges
(Faculty of Law, University of Ibadan, Nigeria, 2017) Ekundayo, O. S.
The paper analyses the trends of aid to education in Sub Saharan Africa. It examines the obligations under international human rights instruments that poor states should seek assistance from richer nations. References to ‘international assistance cooperation’ in article2.1 and to ‘international action’ in article 23 of the ICESCR are of particular relevance for poor States. Where a State party is clearly lacking in the financial resources and/ or expertise required to provide free education for its children, the international community has a clear obligation to assist under international human rights laws. It is revealed that Sub Saharan Africa receives a declining share to basic education, therefore aid to basic education must be better allocated and sufficiently in Sub-Saharan Africa. So the question was raised that what should be done? The answer as discussed in the paper is threefold; first, there is a need to increase the amounts of aid provided. Second aid should be based more firmly on both needs and the capacity to absorb the aid provided in a transparent manner by demanding greater accountability and transparency in terms of the allocation and use of aid funds. Finally it is important to ensure that the aid supplied will be provided for a sufficient length of time for it to have a better chance of making a difference by working to ensure better outcome in availability and accessibility to education for children in Africa and to reach Sustainable Development Goal 4 (SDG 4)
The Girl-child’s right to education in Nigeria: examining the adequacy of its protection by the state
(Faculty of Law, Adekunle Ajasin University, 2017) Ekundayo, O. S.
Education gives children, especially the girl-child, hope for life and work. The right to education for girls enables them to reach their fullest potential. Education for all is a tool for change, a way out of poverty and a way to self-discovery and personal achievement. In the case of the girls’ education, not only does the problem lie in the question of discrimination as the foremost stronghold, but also of access to education due to certain limiting factors that affect girls' access to formal education. In order to access education, the girl-child must overcome a host of different barriers that stand between her and her goals. Lack of educational opportunities makes it difficult for the girl-child to enjoy other human rights, as the right to education is a basic right and a prerequisite to the enjoyment of all others. Two main issues are addressed in this paper; first, it addresses the barriers which hinder many girls in Nigeria from attending school, highlighting the benefits accrued to individuals and societies from educating girls. Second, the paper analyses the protection of this group of children and their plights in having access to free and compulsory primary education through the use of international human rights instruments and standards, their relation to national law and practice. This is aimed at improving the girls ’ access to education, serving as a call for Nigeria to provide education for all, especially girls who comprise the majority of out of school children in the country. Finally, it is revealed that Nigeria cannot stop the cycle of poverty, economic deprivation and poor health unless everyone has an equal opportunity to access education, most especially, its girls
A Rights-based approach for right to education in Nigeria
(Ibadan University Press, 2014) Ekundayo, O. S.
The focal point of this paper is the application of rights-based approach (RBA) programming the right to education in Nigeria. It describes RBA in terms of the State’s obligation so to respond to fulfilling the right of the child to education. This approach is most essential for realising the right to education in developing countries including Nigeria, as it identifies the state as the duty bearer and the children as the right holders. The State therefore is held accountable for the implementation of the right and children are entitled to claim the right to free primary education. The paper distinguishes RBA from 'needs-based approach’ explaining that the latter is often met out of charitable intentions, whereas the rights-based approach is based on legal obligations that the state must fulfill. It has explored the important issue of education delivery in Nigeria from within human rights perspective. Also, it is aimed through this paper to deepen our understanding of the constituent elements in a RBA programming, such as indivisibility, empowerment, equality and accountability. In essence, the paper has provided an insight into some steps that need to be taken for the right to education in Nigeria to have a significant impact on both policy and practical outcomes in Nigeria