Protecting patients' rights in Nigeria : a human rights-based approach
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Authors
Akinyanju, Akinola John
Issue Date
2025-01
Type
Thesis
Language
en
Keywords
Human rights-based approach , Human rights , Patient rights , Aspirational or hortatory , Justiciability , Socio-economic rights
Alternative Title
Abstract
Many countries are moving towards patient-centred healthcare by taking significant steps to adopt legal frameworks that guarantee and safeguard patients' rights within healthcare settings. The Constitution of the World Health Organisation (WHO), the United Nations Universal Declaration of Human Rights (UN UDHR), and various international and regional treaties continue to play major roles in defining and shaping the global discussion on patients' rights. The Constitution of WHO, UN UDHR, and treaties have become reliable resources to courts across different jurisdictions, providing a legal framework for the reinforcement of legal recognition and protection of patients' rights.
In Nigeria, patients' rights are fragmented in different legislation and regulations. These include the National Health Act (NHA) 2014, the African Charter on Human and Peoples' Rights Act, the Medical and Dental Practitioners Act, the Child Rights Act, the Compulsory Treatment and Care for Victims of Gunshot Act, the Code of Medical Ethics in Nigeria, and the Patients' Bill of Rights. While the significant step taken in 2014 to collate patients' rights through the enactment of NHA is commendable, there are fundamental gaps that continue to entrench paternalism in the Nigerian healthcare system. Some of the observed gaps in the existing legislation on patients' rights include a lack of provisions in respect of i) the right to consent to treatment, ii) the right to participate in decision-making, iii) the right to a discharge report, iv) duties of patients, v) a clear protocol for making complaints, and vi) the age limit of a child to consent to medical treatment and surgical operation.
Another fundamental issue is the non-justiciability of health rights in Nigeria, as they are categorised under Chapter II of the Constitution, titled "Fundamental Objectives and Directive Principles of State Policy." Hence, the courts are excluded from enforcing the ESC rights, unlike the rights enshrined in Chapter IV, which cover Civil and Political rights. The debate on whether the African Charter on Human and Peoples' Rights, which has been domesticated, has cured this defect continues.
The research study shows that the provision of healthcare services should no longer be viewed from the prism of ‘charity’ but as an obligation on the part of the Nigerian government to provide the highest attainable standards of health for its citizens. The current legal framework on health rights is inadequate and ineffective to guarantee patients’ rights in Nigeria, and the consequence is a continuous violation of patients’ rights without any concrete remedy. Although there have been several health policies geared towards improving the healthcare of Nigerians, these have not been effective in providing the desired results in guaranteeing patients’ rights. Therefore, there is a need to formulate a new approach to health laws and policies, founded on human rights principles, ensuring participation of all stakeholders, accountability, non-discrimination, equity, and recognition, and implementation and enforcement of international and regional treaties to which Nigeria is already a signatory.