THE RIGHT TO HEALTH UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED): AN APPRAISAL

Abstract

This study appraised the right to health under the Constitution of the Federal Republic of Nigeria and the challenges in enforcing the said right. The right to health, just like other socioeconomic rights, is not negotiable in advanced countries of the world. The Constitution of the Federal Republic of Nigeria 1999 (As Amended) made provisions for the right to health but unfortunately, the right to health is non-justiciable under chapter two of the Constitution. It must be noted that all human rights are indivisible, interdependent and interrelated. Civil, political, economic, social, cultural and environmental rights are all interdependent upon one another and none of these rights is superior or inferior to the other. Though the right to life is a fundamental right, it has no value at all if the right to health is not upheld and protected. The aim of this research was to appraise legal framework for the protection of the right to health under the Constitution of the Federal Republic of Nigeria. It is obvious that Nigeria has refused to give the right to health its rightful place in chapter four of the Constitution. The methodology adopted was doctrinal and the approach is analytical in nature. The researchers also found that the problem associated with enforcing right to health is that many Nigerians are poor, illiterate and lack the will power to pursue litigation. It is recommended inter alia that there should be a constitutional amendment which will accommodate the right to health in chapter four of Nigeria’s Constitution. Once that is achieved, that will be the first step in protecting the lives of Nigerians.