A Critical Examination of the Suitability of a Human Rights Based Approach for implementing Girls’ Rights to Education in Nigeria

Education is considered essential for development in any society, as a result childrens’ rights to education forms part of the fundamental entitlements and basic human rights contained in international human rights instruments. Nigeria’s adoption and ratification of these international human rights instruments shows the level of commitment to childrens’ rights and specifically the right to education. However, the human rights legal framework for education does not capture the full range of factors that are necessary to enhance girls’ access to education. As a result, this thesis examines the capabilities approach with its focus on addressing inequality and argues that the Capabilities Approach (CA) provides a richer framework for enhancing girls’ opportunities to choose the kind of life that they wish to live. This thesis therefore examines both the Human Rights Based Approach (HRBA) and the(CA) with a view to find a lasting solution for enhancing girls’ enjoyment of their right to education. These two approaches have been selected because, while the HRBA is an explicit approach aimed at empowering people to claim and exercise their rights and fulfill their obligations, the CA supplies the analysis of what is entailed in rights. The CA essentially looks into the specific situations of girls’ peculiar position and addresses the root causes of why things are the way they are. By so doing it provides practical solutions to the challenges that restrict girls’ access to education and schooling in Nigeria.