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VOL. 9, ISSUE 2 (2024)
Non-justiciability of health right in Nigeria: Impact on primary healthcare services in Auchi Kingdom
Authors
Dauda Momodu
Abstract
75 years ago, the Universal Declaration of Human Rights proclaimed a
wide spectrum of rights that every human being was entitled to. These rights
did not just spread through civil and political rights such as freedom of
expression, freedom from torture and ill treatment, but also included economic,
social and cultural rights such as right to education, adequate housing and
right to the highest attainable standard of both physical and mental health.
Although Nigeria is a party to the Universal Declaration of Human Rights, 1948
and therefore legally bound by its obligations, the enjoyment of the right to
health has not been adequately protected under the law. The normative provision
on right to health as contained in the 1999 Constitution (as amended) has
reduced the potency of the right to that of an ordinary policy that is non justiciable
before any tribunal in Nigeria. This work examines the extent of the enjoyment
of this right with particular bias to the Auchi Kindgdom of Edo State, Nigeria,
and will argue that notwithstanding this drawback in the law on health, the
right to health is enforceable, nay, justiciable under certain well defined legal
parameters. The work will examine other jurisdictions that have now started
reinterpreting the right to health and vesting it with more enforceability.
Against this backdrop, this work will call attention to the inevitable
cul-de-sacs and fated conundrums encountered by litigants who believe that
their rights (economic rights) have been breached and like every other right,
same must be redressed in court. It will advocate the need for constitutional
amendment to reflect the new trend as regards the enjoyment of right to health
generally and specifically in community townships like Auchi kingdom.
Pages:20-26
How to cite this article:
Dauda Momodu "Non-justiciability of health right in Nigeria: Impact on primary healthcare services in Auchi Kingdom". International Journal of Advanced Educational Research, Vol 9, Issue 2, 2024, Pages 20-26
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