The constitutional obligation to protect the right to education in Nigeria: A call for action

This article argues that beyond the obligation of states to respect, promote and fulfil the right to education, the obligation to protect, which is crucial, is often neglected. Additionally, it highlights that access to and availability of education is limited when states do not protect the school space by making it safe for learners. With a focus on Nigeria, the article argues that the lack of fulfilment of the obligation to protect by the Nigerian state is a violation of its obligations under international human rights law. Relying on Nigeria's commitments under various African human rights treaties, national law and policies, the article makes recommendations on how the obligation to protect can be realised and, thus, the right to education respected in its entirety in Nigeria.

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Publication Details

Journal
African Human Rights Law Journal
Published
2024-08-15
DOI
https://doi.org/10.17159/1996-2096/2024/v24n1a16
Citations
3
Primary Topic
Legal Rights and Human Rights
Type
article
Field-Weighted Citation Impact
12.22
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article

The constitutional obligation to protect the right to education in Nigeria: A call for action

Azubike Onuora-Oguno, Theophilus Silas
3 citations
African Human Rights Law Journal
Legal Rights and Human Rights
12.22
article

The constitutional obligation to protect the right to education in Nigeria: A call for action

Azubike Onuora-Oguno, Theophilus Silas
article en
3 citations

Abstract

This article argues that beyond the obligation of states to respect, promote and fulfil the right to education, the obligation to protect, which is crucial, is often neglected. Additionally, it highlights that access to and availability of education is limited when states do not protect the school space by making it safe for learners. With a focus on Nigeria, the article argues that the lack of fulfilment of the obligation to protect by the Nigerian state is a violation of its obligations under international human rights law. Relying on Nigeria's commitments under various African human rights treaties, national law and policies, the article makes recommendations on how the obligation to protect can be realised and, thus, the right to education respected in its entirety in Nigeria.

African Human Rights Law JournalVol. 24(1)
University of Ilorin (NG)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Legal Rights and Human Rights
12.22
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