Article
Realising the right to health in Nigeria: Incongruities between international obligations and domestic implementation
Africa Nazarene Law Journal
(2014)
Abstract
This article critically examines the role and responsibility of the judiciary inthe realisation and concretisation of health rights in Nigeria. The gulf betweenthe formal recognition of the right to health in international instruments— such as the International Covenant on Economic, Social and CulturalRights and the African Charter on Human and People’s Rights — and the Nigerian Constitution, and the enforceability thereof, will shape the thrustof the discourse. It is argued that the judiciary in Nigeria is not engaging meaningfully with the true substantive content of health rights, and adequate notice and guidance is not taken from the provisions of international human rights instruments — like the ICESCR and the ACHPR. This is regrettableas courts can be valuable arenas and catalysts for the realisation andenforcement of health rights in the concrete contexts of specific cases.
Keywords
- Nigeria,
- Health Law,
- Constitutional Law,
- Right to Health
Disciplines
Publication Date
2014
Citation Information
Andra le Roux-Kemp. "Realising the right to health in Nigeria: Incongruities between international obligations and domestic implementation" Africa Nazarene Law Journal Vol. 2 Iss. 1 (2014) p. 119 - 138 Available at: http://works.bepress.com/andra-leroux-kemp/17/