Oyeniyi Ajigboye,

Lecturer, Public and International Law Department

College of Law, Afe Babalola University

Ado Ekiti, Ekiti State, Nigeria

Abstract

Health issues are challenges faced by the rich and the poor. This is also applicable to citizens of all nations. As such, over a period of time, there are international conventions, treaties, and agreements which are all geared towards the actualization of the highest possible healthy standards on healthy living. These instruments aimed at achieving the desired health standards globally, in return, are expected to guarantee each citizen’s right to a healthy living, adequate medical facilities, functional health systems which is key to right to life. The protection of these components constitutes the nitty-gritty of health right. However, the applicability and enforceability of these international instruments in Nigeria is still an issue irrespective of the effect of Nigeria’s membership and signatory status to these instruments. The paper, therefore, discusses the legal frameworks put in place for the protection of health rights in Nigeria and the minimum core obligation required under these international instruments. It draws inferences from similar provisions of the law in other countries such as India, South Africa and Haiti, and concludes that there is a need for the realization of the international provisions for the protection of health rights in Nigeria considering the present state of Nigeria’s health sector. It advocates for judicial activism, which will further strengthen the fading hope of realizing health rights in Nigeria.