Non-Justiceability of Health Right in Nigeria

Impact on Primary Healthcare Services in Auchi Kingdom

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. The focus will show the impact of this non justiceability on primary healthcare services in the community and the community's general effort on achieving a healthy society within the kingdom. 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.