PROTECTION OF THE RIGHT TO LIFE OF MEDICAL DOCTORS DURING PANDEMICS IN NIGERIA: A HERMENEUTIC APPROACH

Happiness Chidiogo OKEKE; Beatrice N. OKPALAOBI

Abstract


The Constitution of the federal republic of Nigeria in its chapter 4 made provision for certain rights with were referred to as fundamental rights. In section 33(1) of the Nigerian constitution the right to life of Nigerian citizens was expressly provided which makes this section of the constitution enforceable in courts. This section of the constitution however failed to stipulate specific areas of life it sought to protect. A pandemic is said to occur when a new infectious agent or a reemerging one spreads across multiple continents or even worldwide. During pandemics health workers are generally exposed to infected victims of which medical doctors are inclusive and their lives are usually at stake during pandemics. This study sought to examine whether section 33(1) of the Nigerian constitution could be broadly interpreted to protect the right to life medical doctors in Nigeria during pandemics. The research methodology adopted in this study was doctrinal and the approach was hermeneutic. The authors relied on primary and secondary sources for this research work. It was found that section 33(1) of the Nigerian constitution did not specify the nature of the right to life it sought to protect. The authors recommended that the section 33(1) of the constitution of the federal republic of Nigeria should be broadly interpreted to protect the right to life of medical doctors in Nigeria.

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