Realization of Health Right in Nigeria: A Case for Judicial Activism

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Oyeniyi Ajigboye
Oyeniyi Ajigboye
1 Afe Babalola University, Ado Ekiti, Ekiti, Nigeria

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Nigeria adopts the dualist approach to international human right laws and it remains one of the countries with the highest medical-related death rates in the world. The nonenforceability of member state’s minimum core obligation and, the non-justiciability of ECSRs in Nigeria remains seemingly, a major impediment to the realization of health right in Nigeria thus; Nigeria ranks 158 out of 177 countries on the Human Development Index. Eleanor D. Kinney suggested approaches that can advance recognition and implementation of human right to health in the US however, Kinney wittingly excluded justiciability approach to the implementation and realization of right to health given that once a legislation is enacted and full recognition is given to this class of right, policies and programs will be established and adequate funding will become essential. The present position in Nigeria is different. There are lawsinternational and regional treaties already domesticated. These laws are focused on the realization of health rights in Nigeria. The paper therefore, contends that given the judicial activism evidences from India, South Africa and its effects on the implementation and accessibility of health care right in these countries, the setbacks in realizing health right in Nigeria is a challenge to the Nigerian Judiciary.

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No external funding was declared for this work.

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The authors declare no conflict of interest.

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No ethics committee approval was required for this article type.

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Oyeniyi Ajigboye. 2014. \u201cRealization of Health Right in Nigeria: A Case for Judicial Activism\u201d. Global Journal of Human-Social Science - F: Political Science GJHSS-F Volume 14 (GJHSS Volume 14 Issue F3): .

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GJHSS Volume 14 Issue F3
Pg. 23- 34
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Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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August 14, 2014

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English

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Nigeria adopts the dualist approach to international human right laws and it remains one of the countries with the highest medical-related death rates in the world. The nonenforceability of member state’s minimum core obligation and, the non-justiciability of ECSRs in Nigeria remains seemingly, a major impediment to the realization of health right in Nigeria thus; Nigeria ranks 158 out of 177 countries on the Human Development Index. Eleanor D. Kinney suggested approaches that can advance recognition and implementation of human right to health in the US however, Kinney wittingly excluded justiciability approach to the implementation and realization of right to health given that once a legislation is enacted and full recognition is given to this class of right, policies and programs will be established and adequate funding will become essential. The present position in Nigeria is different. There are lawsinternational and regional treaties already domesticated. These laws are focused on the realization of health rights in Nigeria. The paper therefore, contends that given the judicial activism evidences from India, South Africa and its effects on the implementation and accessibility of health care right in these countries, the setbacks in realizing health right in Nigeria is a challenge to the Nigerian Judiciary.

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Realization of Health Right in Nigeria: A Case for Judicial Activism

Oyeniyi Ajigboye
Oyeniyi Ajigboye Afe Babalola University, Ado Ekiti, Ekiti, Nigeria

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