AN EXAMINATION OF THE PROTECTION OF WOMEN’S RIGHT TO HEALTH UNDER INTERNATIONAL LAW: A CASE STUDY OF NIGERIA


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TABLE OF CONTENTS

Title Page
Table of Contents
Table of Cases
Table of Statutes
Abstract

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Research Problem
1.3       Empirical Research Questions
1.4       Aims and Objectives of the Research
1.5       Scope and Limitation of the Research
1.6       Justification
1.7       Research Methodology
1.8       Literature Review
1.9       Organizational Layout

CHAPTER TWO
CONCEPTUAL CLARIFICATION OF KEY TERMS
2.1       Human Rights
2.2       Right to Health
2.3       Women
2.4       Women‟s Right
2.4.1    Right to Reproductive Health
2.4.2    Right to Maternal Health

CHAPTER THREE
LEGAL FRAME WORK FOR THE PROTECTION OF WOMEN’S RIGHTTO HEALTH
3.1       Analysis of International Frame Work for the Protection of Women‟s Right to Health
3.1.1    Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), 1979
3.1.2    International Convention on Economic, Social and Cultural Right (ICESCR), 1966
3.1.3   International Convention on Civil and Political Right (ICCPR), 1966
3.1.4    Convention on the Right of the Child (CRC), 1989
3.1.5    African  Charter on Human and People‟s Right (ACHRP), 1981
3.1.6   Protocol to the African Charter on Human and People‟s Rights, 2003
3.1.7    Universal Declaration of Human Right (UDHR), 1948
3.2       Analysis of Domestic Frame Work for the Protection of Women‟s Right to Health in Nigeria
3.2.1   Constitution of the Federal Republic of Nigeria, 1999 (as amended)
3.2.2    Labour Act, 2004
3.2.3    Criminal Code, 2004
3.2.4    Child‟s Right Act, 2003
3.2.5   Matrimonial Causes Act, 2004

CHAPTER FOUR
EMPERICAL RESEARCH ON THE PROTECTION OF WOMEN’S RIGHT TO HEALTH IN NIGERA
4.1       Research Design
4.2.      Area of the Study
4.3       Population/Participants in the study
4.4       Method of Data Collection and Analysis
45        Ethical Issues
4.6       Presentation of Result and Data Analysis
4.6.1    Research Question One
4.6.2    Research Question Two
4.6.3    Research Question Three
4.6.4    Research Question Four

CHAPTER FIVE
CHALLENGES TO THE PROTECTION OF WOMEN’S RIGHT TO HEALTH IN NIGERIA
5.1       Legal Challenges
5.2       Socio-Cultural Challenges
5.2.1    Female Genital Mutilation
5.2.2    Delivery by untrained traditional birth Attendants
5.2.3    Early girl child marriage
5.2.4    Preference of male children
5.2.5    Harmful widowhood practises
5.3       Economic Challenges
5.4       Lack of political will
5.5       High rate of illiteracy

CHAPTER SIX
SUMMARY AND CONCLUSION
6.1       Summary
6.2       Findings
6.3       Recommendations
            Bibliography
            Appendix



ABSTRACT


Every individual is entitled to the full protection of their rights because they are human beings. Men and women also experience health challenges but because women go through some biological and social processes that carry health risks like pregnancy and child birth they require adequate health care to be able to fulfil these roles. The research aimed to examine women’s right to health as a neglected issue that leads to maternal and infant mortality; to examine women’s right to health as a fundamental human right whose importance is such that no derogation should be encouraged and also to explain how socio-cultural practises contribute to abuse of women’s right to health. The main objective of the research is to show that the Nigerian legal system has not been able to capture the extent of women’s right to health under several international Conventions that Nigeria is a party to. In line with these aims and objectives, questionnaire and interview survey was administered on health professionals and women, hospitals were also visited in order to determine how lack of healthcare facilities and personnel affect the status of women’s health in Nigeria. The methodology used in the research is both empirical and doctrinal. The research observed that there is a plethora of international and national laws and instruments that aim at protecting women’s right to health but lack of political will on the part of government and cultural beliefs hinder the enforcement of some of these laws. An analysis was made of the international and domestic legal framework for the protection of women’s right to health in Nigeria, the challenges militating against the protection of these rights were discussed and recommendations were proffered that Nigeria should be willing to perform its obligations under the international convention to which she is a party including the Protocol to the African

Charter on Human and Peoples’ Rights in Africa also known as the Maputo Protocol,

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), International Convention on Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of the Child (CRC) et cetera. Judicial Activism should be encouraged in Nigeria. The right to health should be treated as an extension of the right to life as has been done in India. This is because the provisions of Chapter 11 of the Indian Constitution are pari materia with Chapter 11 of the Nigerian Constitution on Fundamental Objectives and Directive Principles of State Policy.




CHAPTER ONE


GENERAL INTRODUCTION


1.1    Background to the Study

Men and Women are entitled to the full protection of their rights because they are human beings.1 At its most basic level, “human rights” are safeguarded prerogative granted because a person is alive.2 This means that all human beings have rights by virtue of human species membership. A right, therefore is a claim to something (by the right holder) that can be exercised and enforced under a set of grounds or justifications without interference from others. The subject of right can be an individual or a group, and the object is that which is being laid claim to as a right.3 Human rights are, therefore, those rights that every human being possesses and is entitled to enjoy by virtue of being a human being.

Health has been defined by World Health Organization (WHO) “as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity”.4 The preamble to the Constitution of the World Health Organization also proclaims that “the enjoyment of the highest attainable standard of living is one of the fundamental rights of every human being without distinction of races, religion, and political belief, economic or social conditions”.....

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