This in effect is because Nigeria recognises the importance of implementing policies that bridge social inequality gap through poverty eradication, social integration, full employment and decent work that target especially the disability population. This also extends to the aged referred to as senior citizens. President Muhammadu Buhari signed into law the National Senior Citizen Act 2018 early 2018, as part of the administration’s commitment to the continuous implementation of the relevant provisions of the 2002 Madrid International Plan of Action on Ageing. The Act mandates all tiers of government, including institutions in the country, to establish National Senior Citizens Centres to ensure proper care, training, integration, orientation and re-orientation of senior citizens.

Conceptual Clarification

Disability is an impairment that may be cognitive, developmental, intellectual, mental, physical, sensory, or some combination of these. Other definitions describe disability as the societal disadvantage arising from such impairments. Disability substantially affects a person's life activities and may be present from birth or occur during a person's lifetime. The World Health Organization (WHO) conceives disability to cover including impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body and features of the society in which he or she lives.

Two common features stand out in the definitions; (i) a physical or mental characteristic labelled or perceived as an impairment or dysfunction and (ii) some personal or social limitation associated with that impairment.

Forms and Causes of Disability

Forms

Disability of different forms namely;

1. A physical disability: This is the most common type of disability, followed by intellectual and sensory disability. Physical disability generally relates to disorders of the musculoskeletal, circulatory, respiratory and nervous systems.
2. Sensory disability: This involves impairments in hearing and vision.
3. Neurological and cognitive disability: This includes acquired disability such as multiple sclerosis or traumatic brain injury.
4. Intellectual disability: This includes intellectual and developmental disability which relate to difficulties with thought processes, learning, communicating, remembering information and using it appropriately, making judgments and problem solving.
   

Causes

Disability is caused by a whole lot of factors. But for the purpose of this aritcle, they will be grouped into two broad categories; Genetic Causes

1. Abnormalities in genes and genetic inheritance: This can cause intellectual disability in children. In the USA, Down Syndrome is the most common genetic condition, and about 6,000 babies with Down Syndrome are born each year. Sometimes, diseases, illnesses, and over-exposure to x-rays can cause a genetic disorder. Environmental / Life Events
2. Poverty and malnutrition in pregnant mothers: This can cause a deficiency in vital minerals and result in deformation issues in the unborn child. After birth, poverty and malnutrition can also cause poor development of vital organs in the child, which can eventually lead to disability.
3. The use of drugs, alcohol, tobacco, the exposure to certain toxic chemicals and illnesses and syphilis by a pregnant mother can cause intellectual disability to the child.
4. Childhood diseases such as a whooping cough, measles, and chicken pox may lead to meningitis and encephalitis. This can cause damage to the brain of the child.
5. Toxic material such as lead, and mercury can damage the brain too. 
6. Automobile accidents and falls can result in people losing their sight, hearing, limbs and other vital parts of their body and cause disability.

Abuse of Children with Disability in Nigeria

Child abuse or child maltreatment can be physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential harm to a child, and can occur in a child's home, or in organizations, schools or communities the child interacts with. Although child abuse including for physically challenged children occurs in Nigeria, it has received little or no attention. This arguably is traceable to the fact that emphasis is placed on the more prevalent childhood problems of malnutrition and infection. Another possible reason is the general assumption that in every African society the extended family system always provides love, care and protection to all children.

The abuse of children today in Nigeria including children with disabilities has gained ascendancy because of the perception and belief in some places that children with disabilities are demonic. In some communities, it is believed that such persons have committed an abomination, that violated the tradition of the communities. In other cases, a mentally ill person is simply labelled as a witch and subsequently burnt to death. This belief has led to a purposeful neglect or abandonment of severely handicapped children, and twins or triplets in some areas.

According to the World Health Organization (WHO 2013), more than a billion people, which is about 15% of the world’s population, have some form of disability. In Nigeria, the 2006 census put the figure of people with disability at 3 253 169. Of this figure, the total number of women and children with disabilities are 1,544,418 and 1,002,062, respectively. If we go by this figure, then the total number of people with disabilities is approximately 2.32% of the population (140,431,790), with women and children with disabilities being 1.1 and 0.71%, respectively (Federal Republic of Nigeria Official Gazette 2009; National Population Commission 2010). These figures may greatly underestimate the actual number and prevalence of disability in Nigeria. Abuse of children can result from the existence of some factors, including;

1. Family separation in emergencies
2. Female genital mutilation/cutting
3. Gender based violence in emergencies

Child abuse, including for children living with disabilities, even when it partly springs from the aforementioned factors, typically happens by;

1. Rape: Raping of girls with mental illness
2. Alms begging: The use of children with disabilities for alms-begging.
3. Discrimination: Especially for children with albinism. Sometimes they are isolated, and at other times they are trafficked and killed. Many people with albinism are targeted for ritual killings. There is the myth that their body parts could be used for portions that will make one wealthy or prolong one’s life.
4. Many children are exposed to various forms of violence.

Protective Legislation and Weaknesses

Both the child Right Act and the Disability Act though clearly set out provisions for the protection of children living with disabilities, but some of the provisions particularly in the child Right Act appear nebulous. For instance, the Nigerian Child's Rights Act 2003 guarantees the provision of 'special protection measures' or special needs of physically challenged children to enhance their enjoyment of rights contained in the Act, the Act however makes the provision of such special needs or facilities subject to the availability of resources on the part of government or the person who has the duty to provide them. The clause therefore renders the rights of disabled children under the Act non-justiciable.

The signing into law however of the Disability Act may strengthen the protection for children living with disabilities from the point of view of law but again this is subject to the willingness of the Authorities to put effective measures in place for its full implementation to ensure equal treatment and participation of people with disabilities across Nigeria.

On January 23, Nigeria’s President Muhammadu Buhari signed into law the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, following 9 years of relentless advocacy by disability rights groups and activists. The law prohibits discrimination on the basis of disability and imposes sanctions including fines and prison sentences on those who contravene it. It also stipulates a five-year transitional period for modifying public buildings, structures, and automobiles to make them accessible and usable for people with disabilities.

The law will also establish a National Commission for Persons with Disabilities, responsible for ensuring that people with disabilities have access to housing, education, and healthcare. The Commission will be empowered to receive complaints of rights violations and support victims to seek legal redress amongst other duties. Nigeria ratified the United Nations Convention on the Rights of People with Disabilities (CRPD) in 2007 and its Optional Protocol in 2010. The enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act is only a first step in the fulfillment of Nigeria’s obligations under the CRPD.

It is a fact of common knowledge that children are usually incapable of managing their own affairs and protecting their rights without the help of adults. Therefore, they are regarded as belonging to the vulnerable group. The various legal instruments at the global, regional and domestic levels attempt to protect children against unscrupulous adults and the society at large. These instruments particularly protect children with disabilities because of their special needs. The African Charter for instance, provides that: “every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s…fortune… or other status”

Although, this provision did not specifically mention ‘disability’, however, the word ‘fortune’ is interpreted as meaning that the rights provided in the Charter are enjoyable by all classes of children without discrimination based on race, circumstances of birth, economic status or physical or mental ability.

Other provisions in the Charter particularly addressed the rights of children with disability, such as Article 11(1), (3)(e), which grants children with disability the right to equal access to education, every child shall have the right to education…and States Parties to the present Charter shall take appropriate measures with a view to achieving the full realization of this right and shall in particular…take special measures in respect of…disadvantaged children to ensure equal access to education for all section of the community.

The Abuse as a National Tragedy

The tragedy of child abuse including children living with disability is in the forefront of public attention. Child abuse in Nigeria will negatively affect the future of children and destroys the image of the country. Children including children with disabilities suffer from various forms of abuse such as child marriages, molestation, child labour, kidnapping, and neglect, among other forms. Laws and policies were put into place with the purpose of protecting children from abuse. However, they have not been effective for many reasons including poor enforcement mechanisms, poverty, corruption, lack of rehabilitation of sexual offenders, negative attitude of parents, and inefficient judicial processes.

The Nigerian Constitution guarantees certain fundamental rights to children. Even though the Constitution does not make any distinction between the rights of adults and children, as Nigerian citizens, they are expected to be able to enjoy these rights. These rights include the right to life, dignity of the human person, personal liberty, a fair hearing, the right to a private life, freedom of thought, conscience and religion, peaceful assembly, as well as the right of association and freedom of movement. More specifically, under Section 17(3)(f), children should be protected against exploitation, as well as moral and material neglect. Despite these constitutional provisions, the cases of child abuse have continued to fester.

But we must realize that the consequences of child abuse in general are horrifying. The abuse of a chil,d whether living with disabilities or not, has a very devastating consequence for both the individual and the community at large. Undermining the consequences of child abuse can result in serious problems for the entire community and state security.

The individual consequence of child abuse can lead to rape, physical assault, psychological trauma, death, serious disease, health risk such as sexually transmitted diseases, pelvic inflammatory diseases, hepatitis, tuberculosis and other communicable diseases which ultimately goes to increase the society’s disease burden. It may also result in unwanted pregnancies, forced abortion, and abortion-related complications, mental and emotional problems, including nightmares, insomni,a and suicidal tendencies.

Much more worrisome howeve,r is the Community consequence. Community consequences include the rise of criminal organisations and other criminal activities, cultism, and problems of national security. These consequences are very problematic for the overall growth and development of Nigeria as a country.

Recommendation and Way Forward

Based on the issues above, it is our considered opinion that abuse of children with disabilities can be curtailed by the following;

1. The section of the child of the Nigerian Child's Rights Act 2003 that guarantees the provision of 'special protection measures' or special needs of physically challenged children to enhance their enjoyment of rights contained in the Act, but made the provision of such special needs or facilities subject to the availability of resources on the part of government or the person who has to provide them, should be reviewed and made an issue of National emergency.
2. The government should, as a matter of deliberate policy, put effective measures in place for the full implementation of the Disability Act to ensure equal treatment and participation of people with disabilities across Nigeria.
3. The government, through the National Orientation Agency should collaborate with civil society organizations and ensure that every abuse against children with disabilities is exposed and prevented.
4. The government should put in place a Disability Abuse Reporting Desk where all issues of abuse of children living with disabilities are reported. 
5. The government should collaborate with Civil society and the media to change the misconception of the general populace about children with disabilities.
6. Parents should show love to their children, no matter whether they are physically challenged or not.
   

Conclusion

Children are the future generation and the leaders of tomorrow. The way they are treated reflects the level of development of the country where they live and reside. Child abuse from every lens is demeaning and capable of undermining the dignity of children. Preventing child abuse and neglect can also prevent other forms of violence. Therefore, the menace must be tackled quickly before its consequences become too difficult to handle. Whereas the Nigerian government ratified the United Nations Convention on the Rights of People with Disabilities (CRPD) in 2007, signed into law the Child Rights Act and the Disability Act with clear constitutional provisions to protect children against all forms of abuse, more still need to be done. There should be an amendment of the relevant Acts to reflect true protection for children with disabilities abused and their full implementation, The National Orientation Agency should collaborate with civil society organizations to ensure that every abuse against children with disabilities is exposed and prevented. The government should put in place a Disability Abuse Reporting Desk where all issues of abuse of children living with disabilities are reported. There should also be government collaboration with Civil society and the media to change the misconception of the general populace about children with disabilities, even as Parents must show love to their children at all times regardless minding whether they are physically challenged or not.

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