DUTY TO SAVE LIFE AND OBJECTION TO MEDICAL TREATMENT ON GROUND OF RELIGION

Abstract

The Constitution of the Federal Republic of Nigeria 1999 (Fourth Alteration) and the international bill of rights guarantee the right to life which implies an obligation on the State to take steps to save life. However, notwithstanding the duty on the State to save life, it has been recognized that an adult can in exercise of his rights to life and privacy object to a particular type of medical treatment. In respect of a child, the court has held that agents of the State can secure a court order to override parental objection to particular type of medical treatment. While the decision is commendable, the requirement of court order to override the objection of a parent to a type of medical treatment for a child may endanger the life of the child in view of the time it may take to secure a court order. It is recommended that there should be a legislation which will enable public health institutions to give medical treatment to a child without parental consent and without court order where delay in obtaining a court order may endanger the life of the child. This article adopts a doctrinal approach.