Rights of healthcare personnel under the Nigerian law

Abstract

Background: The rights of Health Care Personnel (HCP) is rarely discussed among authors unlike rights of patient. In many of the literatures, emphasis was always on the rights of patient as if other rights were not in existence. In other words, it is as if only patients have rights but not the HCP. Therefore, it is not surprising that caregivers, in the course of providing care to patient, were subjected to ridicule, verbal abuse, physical or sexual assault from both the patients and their relatives. But, in reality, HCP are human beings like the patient and their relatives, and are entitled also to rights that are alienable, rights that were imposed by the state and other civil rights meant for them.

Methods: The research methodology used here is doctrinaire. Here, relevant primary sources – national statutes (i.e.,the 1999 Constitution of Federal Republic of Nigeria [CFRN], National Health Act [NHA] etc.), international declaration (i.e., Universal Declaration of Right [UDHR] etc.), international treaties/conventions (i.e., International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Culture Rights (ICESCR), International Labour Organisation (ILO) convention etc.) – were explored. In addition, secondary sources that include available literatures supported with some applicable court cases were also explored in discussing the topic.

Results: All the relevant legal regimes explored indicated that, under the law, rights of HCP are well provided for. In fact, based on the principle of jural relation existing between rights and duty (the consequence of which guarantee their reciprocity), the government, patients and relatives of patients are mandated by law to protect these rights of the caregivers.

Conclusion: It was shown that the rights were not just provided for but were also a kind that are so important that a violation of which can be enforced through the machinery of the law. Put differently, there are substantial evidence to show that HCP are entitled to some enforceable rights that should not be violated or interfered with. And where such rights are denied or violated, the HCP are given the power to enforce it through a litigation or other process provided by the law.

Key words: caregiver, healthcare, personnel, right.