Realisation of the Right to Health in Nigeria: The Prospects of a Dialogic Approach

Oamen, Philip E. (2020) Realisation of the Right to Health in Nigeria: The Prospects of a Dialogic Approach. Working Paper https://doi.org/10.2139/ssrn.3673480. SSRN.

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Abstract

This paper examines the status of the right to health under Nigerian law and makes a case for an inter-institutional collaboration for its realisation. The importance of the right underscores the need for the government to engender a workable healthcare framework for its citizens. The paper finds that although there are laws that mandate the Nigerian government to ensure healthcare delivery for the citizens, these laws are not implemented. While arguments have been offered for the constitutionalisation and judicialisation of the right to health, this paper, however, contends that mere constitutionalisation or judicialisation may not bring about a practical or effective realisation of the right, as the present non-realisation is not due to a lack of legal framework but a lack of political will to implement laws and policies on the subject matter. It, therefore, recommends a court-facilitated inter-institutional dialogue among all branches of government and relevant stakeholders, with a view to emplacing a real-world realisation of the right

Item Type:	Monograph (Working Paper)
Identification Number:	https://doi.org/10.2139/ssrn.3673480
Dates:	Date Event 13 August 2020 Accepted 27 September 2020 Published Online
Uncontrolled Keywords:	dialogue, right to health, Nigeria, realisation, court
Subjects:	CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions:	Faculty of Business, Law and Social Sciences > School of Law
Depositing User:	Philip Oamen
Date Deposited:	23 Jan 2023 11:11
Last Modified:	23 Jan 2023 11:11
URI:	https://www.open-access.bcu.ac.uk/id/eprint/14137

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