Ishola Qudus Olayiwola is a penultimate law student at Lagos State University. He completed his O’level education at Ransome Kuti Memorial Senior School, graduating as the Best Graduating Student in 2021. Qudus has made significant contributions to various organizations within and outside the university, holding positions such as Deputy Director of Campus Ambassadors Lawrit Journal of Law, Deputy Director of Innovation Development and Special Duties at Legal Eagles Initiative, Chief Tutor at Excel Minds Academic Group, and Senior Counsel at Lagos State University.

His professional experience includes an internship at Action Health Incorporated, where he honed his skills in report writing, multitasking, and organization. He has also interned in several law firms and institutions, which include but are not limited to the Ministry of Justice, Platinum & Taylor Hill LP, Balogun Olamilekan & Associates, Goldlex Legal, Metalex Legal, W.K. Shittu SAN Legal Practitioners and Arbitrators, and Legal Ideas Forum.

Qudus is a proficient writer with a strong focus on youth and community development. He has had more than thirteen articles published and has received numerous accolades, including winning the NAMLAS Essay Writing Competition in 2023, securing the 2nd Runner-up position in the MSSN Essay Writing Competition in 2022, and winning the Sustainable Impact Development (SID) Initiative Essay Writing Competition.

As an enthusiastic law student, Qudus has a particular interest in Data Protection, Tax Law, Human Rights, Energy Law, Corporate and Commercial Law, Intellectual Property Law, and Arbitration.

For further communication, please use the following email address: isholainfoqudus@gmail.com

THE GAPS AND CHALLENGES IN NIGERIA'S LEGAL AND REGULATORY FRAMEWORK FOR THE CARE AND SUPPORT OF CHILDREN WITH SPECIAL NEEDS

Children with special needs represent some of the most vulnerable members of any society. They require tailored interventions to thrive, yet in Nigeria, the promise of their protection and support often feels like an unfinished narrative. Although laws are written on paper, the lived environments of these children tell an ongoing story of systemic neglect, lack of resources, and unmet rights. What are the gaps that persist, and how can Nigeria overcome these challenges?

The Foundation of Protection: Laws and Policies

Nigeria has achieved notable progress in applying international treaties, including the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities. With these frameworks, there is a global undertaking to respect and ensure the rights of children that have special needs is upheld.

Domestically, the Child Rights Act (CRA) of 2003 stands as a cornerstone, guaranteeing every Nigerian child the right to education, healthcare, and protection from abuse. For example, the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 criminalizes discrimination and requires public service provision to persons with disabilities.

However, the reach of these laws is uneven. Only 29 states of the 36 states in Nigeria have domesticated the Child Rights Act, which deprives millions of children of its safeguards. On the other hand, and despite the Disability Act being a triumph, its implementation has been and continues to be slow, affected by poor enforcement, as well as by a lack of popular knowledge of it.

The Gaps: Where the System Falls Short

Nigeria's legal vacuum is profound, and its variations are equally clear and numerous. To begin with, many existing statutes are not precise enough to reach the needs of all the different children suffering from conditions, e.g., autism, cerebral palsy, Down syndrome, etc. The legal jargon, however, does on many occasions tend to use unrefined brambles rather than address the nuances involved in provision of special needs care.

Furthermore, enforcement mechanisms are either weak or nonexistent. Regularly monitoring compliance with such legislation is rare, and thereby makes schools, employers, and even healthcare providers, untouchable. This absence of accountability leads to the ongoing cycles of neglect and exclusion.

Another significant gap lies in inclusive education. Although the Universal Basic Education Act guarantees free and compulsory schooling, there are many schools with the capacity to support children with special educational needs that are lacking. Parents are frequently faced with the frustrating reality of being forced through a labyrinth of inadequate public schools or private tuition options where neither option adequately caters to their child's individual personal needs.

Challenges in Implementation: A Multifaceted Problem

Apart from legal vacuum, implementation itself poses a daunting obstruction. Chief among these is the issue of infrastructure. In the case of a child who is confined to a wheelchair at public schools, how can the child go to school that may be missing ramps, accessible restrooms, or differentiated classrooms? How does a child with a speech delay benefit from education in a system that lacks speech therapists or trained special educators?

Resource constraints compound the problem. Funding for education and healthcare in Nigeria is notoriously inadequate, and, especially, initiatives for children with special needs is awarded a tiny percentage (10% of the funding that is needed). This financial drain results in a lack of specialized schools, trained staff, and rehabilitation facilities.

Cultural and social barriers add another layer of complexity. Stigma continues to be a reality as many families conceal children with special needs, shaming or fearing stigma. In certain instances, children are found abandoned or victims of harmful traditional practices, all designed and implemented with a general ignorance about the rights and opportunities for them.

At last, there stands an enormous, hidden gap of coordination between stakeholders. Government agencies, non-governmental organizations (NGOs), and private organizations too frequently work in isolation, resulting in divided and ineffective service delivery. Compounding this is a scarcity of reliable data on children with special needs, making it difficult to develop policies that are both targeted and effective.

A Way Forward: Bridging the Gaps

Addressing these issues requires bold, transformative action. Nigeria must begin by strengthening its legal frameworks. The Child Rights Act needs to be domesticated in all States and new laws need to be introduced to fill in specific gaps, e.g. inclusive education of special children and strong healthcare support for special children.

Enforcement mechanisms also need a complete overhaul. Independent oversight agencies should be created with the responsibility to oversee compliance with disability and child protection statutes, and the sanctions against violators should be imposed with strict liability.

Investments in infrastructure and resources are non-negotiable. Schools, health care office buildings and public areas must be fully and equitably accessible to children with disabilities. Special education programs need dedicated funding and government scholarships and incentives to create a pipeline of educated teachers, therapist, and caregivers.

Public awareness campaigns are equally critical. Stigma reduction is a question of cultural change, an evolution in which difference is valued and the worth of every child is acknowledged, whatever their level of ability. Community leaders, religious groups, and media organizations have important contributions to make in this endeavor.

Finally, collaboration is key. Governmental agencies are going to have to cooperate hand in hand with NGOs, IOs, and the private sector, to come up with an integrated approach. There is a need to develop a national database of children with special needs in order to inform policy and monitor progress.

Conclusion: A Call to Action

Care and assistance to special needs children are not a matter of charity, but a matter of rights. For Nigeria, this is not just a matter of fulfilling legal obligations but of embracing the moral imperative to build an inclusive society. The deficiencies in the existing legal and regulatory structure are extensive, the problems are large, but they are not to be feared.

It is time for Nigeria to walk the talk. Every stakeholder—from policymakers to parents, educators to advocates—must play their part in turning laws into reality and promises into progress. At that point only, will we be on a path that does not leave behind any child with any special need out of the equation.