缺乏必要的机构:尼日利亚科吉州儿童司法行政的祸根

Dr Sarinus Ettor Kabo
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摘要

毫无疑问,根据各种法律,特别是《科吉州儿童权利法》,在尼日利亚科吉州有许多保护、促进和执行儿童权利的法律。然而,现有法律是否充足可能是另一个需要考虑的问题,本文利用理论研究方法,询问各种保护儿童权利的法律所设立的功能性机构和机制的存在和可用性,以加强科吉州儿童权利的有效执行。本研究发现,虽然科吉州设有家事法院,但发现该法院尚未适当地作为法院系统的一个完整部门在司法管理机制中起飞;由于没有足够的人员和实际结构来确保法院的日常管理,家庭法院制度的存在在科吉州仍然不受欢迎。这项研究同样发现,尼日利亚警察部队的专门儿童警察股尚未开始运作,该股旨在在儿童违反刑法时承担儿童司法管理的责任。同样重要的是,《儿童权利法》规定的各种惩教所,在不同程度上针对儿童的犯罪和《儿童权利法》规定的不良行为对儿童进行康复、培训和教育,还有待在科吉州建立,以确保执行儿童的权利。这项研究建议立即根据《儿童权利法》的规定建立各种惩教所和尼日利亚警察部队的专门儿童警察股,还建议扩大家庭法院的业务范围,使其成立值得。
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Absence of Requisite Institutions: The Bane of Child Justice Administration in Kogi State-Nigeria
There is no doubt that there are available numerous laws for the protection, promotion and enforcement of the right of the child in Kogi State, Nigeria as provided under various laws, especially the Child Rights Law (CRL) Kogi State. However, the adequacy or otherwise of the available laws may be a different issue for consideration, this article utilizes the doctrinal method of research, to interrogate the existence and the availability or otherwise of functional institutions and mechanisms put in place by the various laws for the protection of the rights of the child to enhance effective enforcement of child’s rights in Kogi State. This research discovered that although there is an established Kogi State Family Court, it is found that the court has not properly taken off as a full division of the court system in the administration of justice mechanism; there inadequate personnel and physical structures required to be put in place to ensure the day-to-day administration of the court, the existence of Family Court system is yet unpopular in Kogi State. This research equally discovered that the Specialized Children Police Unit of the Nigerian Police Force designed to take up the responsibility of Child Justice Administration whenever the child run-counter to criminal law, is yet to be in operation. Importantly too, the various Correctional Homes provided by the Child Rights Law (CRL) for the rehabilitation, training and education of the child at different levels of the child’s delinquency and negative behaviours provided under the CRL are yet to be established in Kogi State too in order to ensure the enforcement of the rights of the child. This research recommends the immediate establishment of various Correctional Homes and the Specialized Children Police Unit of the Nigerian Police Force provided for by the Child Rights Law (CRL), it is also recommended that the frontiers of the operation of the Family Court should be extended to make its establishment worth while.
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