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

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.

Keywords: Court, Dialogue, Economic and Social Rights, Inter-institutional Collaboration, Nigerian Constitution, Right to Health