APPRAISAL OF THE LEGAL FRAMEWORK OF RIGHT TO HEALTH IN NIGERIA
Abstract
Health right is universally acknowledged as a basic human right, including in Nigeria. Hence, this long essay analysed the laws on the health right in Nigeria. This long essay adopted the qualitative methodology approach using the design of doctrinal methodology. These primary sources include but are not limited to; the Nigerian Constitution 1999, the Mental Health Act 2021, National Health Act 2014. The secondary sources include but are not limited to gazettes, legal text, online journal articles and newspapers. This research found that Nigeria’s legal framework on the right to health still needs to take a better approach, and Nigeria does not fulfill its Health budget. This research concluded that although the government has made considerable progress in establishing this right within its legislative framework, it still faces obstacles such as insufficient money, inadequate infrastructure, and restricted access to healthcare services. Suggestions for enhancement comprise augmenting the financial allocation to the healthcare domain, strengthening the implementation of current legislation, and fostering wider public consciousness regarding health entitlements. Despite constitutional recognition of the right to adequate healthcare and the establishment of institutions and programmes to attain it, a significant proportion of Nigerian residents continue to lack access to high-quality healthcare. The non-justiciable structure of Nigeria's Constitution and the lack of domestic acceptance of important foreign human rights instruments hinder the effective enforcement of laws on health. The current global issue, encompassing the COVID-19 pandemic, emphasises the importance of protecting and ensuring the right to health. various aspects call for a change in the evaluation aspect of the health rights in Nigeria, especially since COVID-19 19. The author recommended in this essay the need for enlightenment on HIV/aids, access to essential medicines, promotion of sectorial collaborations, promotion of human rights in general, promotion of health education, enforcement of food safety and addressing gender inequality.
Keywords: Constitution, Health, Right, World Health Organization & Pandemic
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