AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA

3,000.00

Category:
RESEARCH INFORMATION

✎: AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA

❐: Chapter 1 – 5
♣:₦3, 000
❑: Ms Word format

: GET COMPLETE PROJECT MATERIAL

This study, “AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA” contains concise information that will serve as a framework or guide for your project work. The project study is well-researched for academic purposes and are usually provided in complete chapters with adequate References.

Keywords: AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA

 

RESEARCH BODY

ABSTRACT
Health is an important element of an individual life and also to the individual’s country.
A country cannot develop with its citizens sick and dying. A healthy state is a wealthy
state. As such, states must provide adequately for the health of its citizens. The research
analysed international law and national legal framework that regulate the health system
under international law and in Nigeria. It also examined health policies, institutions and
other regulatory bodies established for the protection of the right to health in Nigeria.
The research was informed by the dismal performance of Nigeria’s health care system
when the World Health Organization assessed its 191 member states in terms of
responsiveness, fairness, overall goal attainment, level of health expenditure per capita,
impact on health and overall performance. Nigeria was ranked 187 out of 191 despite its
human and natural resources compared with many other African countries which is
indeed a cause for concern. This is evidenced from the high level of maternal and
childhood mortality, HIV/AIDS related deaths which continue to ravage families and
communities, the slow pace of attaining international goals for health and survival and
negative progress towards attaining the Millennium Development Goals (MDGs).The
research adopted as methodology the doctrinal approach which entailed the use of
relevant literature including international instruments, reports and general
comments/recommendations. Nigeria is a party to the major regional and international
human rights instruments recognizing and protecting the right to health and has assumed
tripartite obligations- obligations to respect protect and fulfill the right to health of the
Nigerians. Right to health under the Nigerian Constitution is non -justiciable. However,
non justiciability of the right to health is a challenge but not a bar to the protection of the
said right. It does not also absolve Nigeria from its obligation to protect health of its
citizens. The research finds that according health the status of non-justiciable right is not
infact related to any inability to deal with socio-economic rights including the right to
health as was exemplified with the experience of South Africa which has justiciable socioeconomic rights including the right to health. It also finds that the debate whether or not
the right to health exist or is non-justiciable is irrelevant as the Indian experience
revealed. The research therefore, recommends the court to adopt judicial activism in
adjudicating socio-economic rights including the right to health as is done in India. The
research finds that Nigeria had put in place and established laws, policies and
institutions for the protection of health of her citizens. The research also finds that
several factors impede the realization of the right to health in Nigeria including legal
impediments, socio-economic impediment and lack of political will on the part of the
government. It is also a finding of the research that Nigeria is moving at a slow pace
towards attaining the MDGs with less than a year to the target date. Although the
research finds that some progress had been achieved especially in reducing childhood
mortality and halting HIV/AIDS, the progress is not sufficient to meet the MDGs target
date of 2015. The research finds that several key challenges exist which exercabates the
slow pace at which Nigeria is moving towards achieving the MDGs notably among them
are lack of reproductive health care services, poverty, low socio-economic status of
women, inequities in the distribution of human health resources which if addressed will
come a long way in helping Nigeria to move faster towards achieving the MDGs and
subsequently in fulfilling its obligations under the right to health.

TABLE OF CONTENTS
Title Page — — — — — — — — — i
Table of Cases — — — — — — — — vii
Legal Instruments — — — — — — — — ix
List of Tables — — — — — — — — — xi
Abstract — — — — — — — — — — xii
Table of Contents — — — — — — — — xiii
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the study — — — — — — 1
1.2 Statement of Problem — — — — — — — 3
1.3 Objectives of the Research — — — — — — 6
1.4 Scope of the Study — — — — — — — — 7
1.5 Research Methodology — — — — — — 7
1.6 Justification of the Study — — — — — — 8
1.7 Literature Review – — — — — — 9
1.8 Structure of the Study – — — — — — 14
CHAPTER TWO
CONCEPTUAL CLARIFICATION OF RELEVANT TERMS AND THEIR
HISTORICAL DEVELOPMENT
2.1 Introduction – — — — — — 16
2.2 Human Right – — — — — — 16
xiv
2.2.1 Historical and Philosophical Evolution of Human Rights — — 17
2.2.2 Definition and Characteristics of Human Rights — — 23
2.2.3 Origin of Health as an International Human Right — — 25
2.3 Concept and Definition of the Right to Health — — — 30
2.3.1 Nature of the Right to Health – — — — — — 32
2.4 Maternal Mortality – — — — — — 38
2.5 Maternal mortality Ratio — — — — — — 39
2.6 Childhood Mortality – — — — — — 39
2.7 Linkages between Health and Human Rights — — — 39
CHAPTER THREE
THE RIGHT TO HEALTH IN NIGERIA
3.1 Legal Framework on the Right to Health In Nigeria — — — 43
3.2 Health as a Justiciable Right – — — — — — 48
3.3 Judicial Application of the Right to Health in
Selected National Jurisdictions – — — — — 50
3.3.1 South Africa – — — — — — 51
3.3.2 India – — — — — — 58
3.4 Application of International Human Right to Health in Nigeria — 65
3.5 Nigeria‟s Obligations under International and Regional
Instruments Protecting the Right to Health — — — — 68
3.5.1 Obligation to Respect` – — — — — — 68
3.5.2 Obligation to Protect – — — — — — 71
3.5.3 Obligation to Fulfil – — — — — — 73
3.6 Effective Remedies for the Violation of the Right to Health — — 75
3.6.1 Declaratory Order – — — — — — 78
xv
3.6.2 Mandatory Order – — — — — — 79
3.6.3 Structural Interdicts – — — — — — 80
3.7 International Monitoring Mechanisms for the
` Protection of the Right to Health – — — — — 83
3.7.1 Reporting System under Art. 16 and 17 of the ICESCR — — 83
3.7.2 Optional Protocol to the ICESCR — — — — — 87
CHAPTER FOUR
DOMESTIC IMPLEMENTATION OF THE RIGHT TO HEALTH IN NIGERIA
4.1 Introduction – — — — — — 89
4.2 Legal Protection of the Right to Health in Nigeria — — — 90
4.2.1 Constitutional Protection – — — — — — 90
4.2.2 Child Right Act 2003 – — — — — — 93
4.2.3 The African Charter on Human and Peoples‟ Rights — — — 95
4.3 Review of the Implementation of the Right to
Health Policies in Nigeria – — — — — — 97
4.3.1 National Health Policy – — — — — — 97
4.4 Health Institutions and their Regulatory Bodies
Protecting Health in Nigeria – — — — — — 100
4.4.1 Federal Ministry of Health — — — — — — 100
4.4.2 Courts – — — — — — 101
4.4.3 National Human Rights Commission — — — — 102
4.4.4 National Agency for Food and Drug Administration and Control — 106
4.4.5 National Health Insurance Scheme — — — — — 108
4.4.6 Nigerian Medical and Dental Practitioners Act — — — 113
xvi
4.5 Legislations Dealing with Access to Qualitative Drugs — — 116
4.5.1 National Drugs ForSmulatory and Essential Drugs List Act — — 116
4.5.2 Dangerous Drugs Act – — — — — — 118
4.5.3 Food and Drug Act – — — — — — 118
4.6 Proposed Law — — — — — — 120
4.6.1 National Health Bill – — — — — — 120
4.7 Substantive Elements of the Right to Health in Nigeria — — 124
4.7.1 Availability — — — — — — — 124
4.7.2 Accessibility — — — — — — — 125
4.7.3 Acceptability — — — — — — — 127
4.7.4 Quality — — — — — — — 127
CHAPTER FIVE
AN ANALYSIS OF MILLENNIUM DEVELOPMENT GOALS AND THE RIGHT
TO HEALTH IN NIGERIA
5.1 Introduction — — — — — — — 129
5.2 Millennium Development Goals and the Right to Health in Nigeria — 131
5.3 Millennium Development Goals in Nigeria — — — — 132
5.4 An Overview of MDG 4 (Reduction of Childhood Mortality),
5 (Improving Maternal Health) and 6 (Combating HIV/AIDS,
Tuberculosis, Malaria) — — — — — — 135
5.4.1 Eradicating Poverty and Extreme Hunger — — — — 135
5.4.2 Achieving Universal Primary Education — — — –\ 136
5.4.3 Achieving Gender Equality and Women‟s Empowerment — — 138
5.4.4 Childhood Mortality — — — — — — 140
5.4.5 Maternal Mortality — — — — — — 142
5.4.6 HIV/AIDS, Tuberculosis and Malaria — — — — — 144
xvii
5.5 Key Challenges to Attaining the MDGs in Nigeria — — — 149
5.5.1 Inequities in the Distribution of Human Health Resources and Facilities- 149
5.5.2 Poverty and Cost of Healthcare — — — — — 151
5.5.3 Availability of Health care facilities and Poor Utilization of
Reproductive health services — — — — — 155
5.5.4 Women‟s Low Socio-Economic Status and Lack of Empowerment — 159
CHAPTER SIX
FACTORS IMPEDING THE REALIZATION OF THE RIGHT TO HEALTH IN
NIGERIA
6.1 Introduction — — — — — — 162
6.2 Constitutional Impediment — — — — — — 162
6.3 The Attitude of Courts/Judges — — — — — 164
6.4 Socio-Economic and Cultural Factors — — — — 168
6.5 Corruption and Mismanagement of states resources — — — 169
6.6 Poverty — — — — — — — — 170
6.7 Debts, Debt Servicing and Structural Adjustments Programmes — 173
6.8 Lack of Political Will to Address the Health Sector Crisis — — 175
CHAPTER SEVEN
CONCLUSION
7.1 Summary — — — — — — — 177
7.2 Findings — — — — — — — 179
7.3 Recommendations — — — — — — — 181
7.4 Contribution to Knowledge — — — — — — 184
7.5 Suggestions for Further Research — — — — — 184

Keywords: AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA

 


DO YOU WANT TO ORDER FOR THE COMPLETE PROJECT MATERIAL? Then click here

GET COMPLETE PROJECT

Have you made payment for this project? If YES, contact our Customer Care.

For further enquiries, call our Hotlines ☎: 08139342394 or 08152487601


PROJECT TOPICS AND MATERIALS | HIRE A WRITER | HOW TO PAY FOR PROJECT

 

Keywords: AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGHT TO HEALTH IN NIGERIA

DISCLAIMER: hiWriters.com.ng focus on attracting students and researchers to materials that can be used as guide, framework, and reference for their project work. All contents/materials on this website are for research purposes only and for no reason should you copy verbatim. This platform is not encouraging any form of plagiarism, neither are we advocating the use of the project materials for cheating. We strictly recommend that research project topics and materials ordered for should serve as a guide or framework only. The contents therein should be used to generate fresh ideas for your own research. Finally, hiWriters.com.ng will not be liable for any material used inappropriately.