The rights of patients against torture under the Nigerian law

Abstract

Background: The concept of human rights in general has become a universal concept, which can be swept aside for no just reason. That is why it has been recognised both at the state and interstate level, as something fundamental, applicable and enforceable at all time. Torture is one out of several human rights issues that negatively affects individual in his person and the state of health. This paper discusses the rights of patients against torture as found under the Nigerian law and other outside relevant legislations. Incidental to this topic is the discussion on how these human rights issues affects medical practice.

Methods: This paper applies doctrinaire method, which involves exploring available literatures on the topic, relevant statutes, medical codes of ethics, and court cases.

Results: There is overwhelming evidence that shows that torture inflicted on a patient, in whatever forms, is not acceptable under the 1999 Constitution of Federal Republic of Nigeria (CFRN). Laws outside of Nigeria against the practice of torture on the patient can be find in regional document like African Charter of Human and People’s rights (ACHPR) and in records of International Human Rights Instruments (IHRIs) like the International Covenant on Economic, Social and Cultural Rights (ICESCR), International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR). All these legal documents’ positions are substantiated with provisions from relevant statutes, plethora of Nigerian and foreign court cases, and medical codes of conduct. In addition, where there is any infringement of this right, the affected patient has all the rights, as a citizen of this country, to seek for redress in national, regional and international courts after following the required processes.

Conclusion: The right against torture in any form is enshrined in Nigerian law. The power confers on a medical practitioner or healthcare provider in the treatment of any patient, does not permit the practitioner to inflict torture on the client before, during and after medical treatment. Therefore, a patient’s fundamental right against torture under medical treatment must be respected.

Key words: Torture, Human Rights, Medical Treatment, Patient’s Rights.