LEGAL IDEAS FORUM

International day of the Girl Child:The Girl child’s Right, Common, International and Islamic law perspective. By Mujahid Muhammad Musa

The international day of the girl child is recognized by the United Nations and equally, celebrated every 11th day of October. The rationale behind the celebration is to gear up the sex education towards the elimination of all sorts of sexual violence against the girl child.
Common Law Perspective: The provision of the constitution is very clear, it’s from the Constitution that every religion derives its validity. The girl child as every child has and must enjoy the sweetness of the fundamental human rights to its terminus; the girl child as every child must enjoy the fundamental human rights of life, dignity of human persons, expression, fair hearing, privacy, thought conscience and belief, personal liberty, association, movement, discrimination free, own a movable and immovable property.
It’s fundamental right that every person must not be subjected to inhumane treatment, how many girl childs are going through domestic violence? Equally, it’s the fundamental right of a girl child to treat her life the way it pleases her which falls under the fundamental right to personal liberty, how many ladies were deprived of this right on the basis of gender inequality? Furthermore, it’s the fundamental right of a girl child to be free from discrimination, how many girl children were deprived of this fundamental right on the basis of gender inequality?
It’s a fundamental principle that every girl child must enjoy the privileges vis-a-vis the boy child. Every girl child must enjoy the right to be educated vis-a-vis the boy child: some underdeveloped climes have the mentality of not educating the female child but rather, get them to family way, this is precisely violation of their fundamental rights enshrined under the 1999 constitution of the Federal Republic of Nigeria.
In Islamic law perspective, it’s a principle of law that every girl child must not be subjected to any form of sexual violence, both girl and male child have equal rights, but only restricted on few basis. Every girl has the right to be educated, the wife of the prophet Muhammad (PBUH), Aisha (RA) emphasized on getting a female child educated, “if you educate a female child, you educate the nation.”
Avalanche of narrations were reported from the prophet (PBUH) stating precisely that everyone must get himself educated without exception.
It’s very unfortunate that some were one-sidedly interpreting the provision of Q33:33 at the detriment of the girl child. The provision set a condition precedent that only if a girl child will dress temptingly, being at home is the best while if she won’t violate the condition precedent, she can hitch free exercise her fundamental right to personal liberty.
In international law perspective, it’s very sacrosanct that the principles of international must not be violated, it emphasized the the fundamental rights must not be violated. Furthermore, it’s a well settled principle of customary international law that the fundamental rights of both a girl and male child must not be safeguarded.
Equally, being Nigeria a member of the United Nations, it has equally taken a vow to be bound by the resolutions and declarations of the the United Nations, subject to the provisions of the United Nations Charter; the provision of the Universal Declaration on Human Right (UNDHR) which was adopted by the United Nations has advocated the girl child’s right. Furthermore, the African Charter of Humans and People’s Right (Ratification and Enforcement) has also advocated the girl’s child right must be safeguarded.
In nutshell, Every girl child has the fundamental rights to enjoy vis-a-vis the male child. We equally invoke that the relevant authorities to establish a special agency to deal with all sorts of gender inequality expeditiously.
MUJAHID MUHAMMAD MUSA, A 200 LEVEL LAW STUDENT, USMAN DANFODIO UNIVERSITY SOKOTO.
Tell: 09030834295.
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For knowledge and Justice

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