REVIEW OF THE RIGHTS TO ACCESS EMERGENCY HEALTHCARE UNDER THE 1999 CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA

Abstract

The Constitution of the Federal Republic of Nigeria 1999, is the foundational legislation which addresses key aspects of fundamental rights that have bearing on health of the people. The constitution is one tool through which the right to health and the laws linking health and human rights especially as it affects access to Emergency healthcare can be realized. The demand for emergency healthcare requires that adequate attention and priorities be given to its attainment especially considering the potential for significant reduction in loss of lives and disability when emergency treatment is provided in a timely manner. The concept of access to emergency healthcare as a right vis a vis its justiciability under the constitution was also taken a look at alongside with the different constitutional provisions. The research method adopted in this paper, is the normative doctrinal analysis which examines the provisions of the constitution and other related legislations as it affects access to healthcare in Nigeria during emergencies. It was revealed that the enabling laws in Nigeria that regulates access to emergency healthcare services, do not guarantee and protect the attainment of these rights especially with the fact that individuals cannot sue over the denial of the rights to access emergency healthcare. The paper concluded that despite the legal provisions that guaranteed the access to health in Nigeria, the need for access to emergency healthcare was not considered, and the paper recommended that there is need to amend the constitution to capture the need for access to emergency healthcare as a right.