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 Benue State University, Makurdi

LAW JOURNAL VOLUME 10, 2021


Right to Health of the Nigerian Child: Challenges and Prospects

Shajobi-Ibikunle, Gloria D.* and Aja Vivian Nneka**

Abstract

Health is the most basic and essential asset of every human being. The right to health is akin to the right to life. Children are the future of every nation and this future is defined by the health of children in the society. Healthy children are more likely to become healthy adults who will constitute productive citizens. The right of children to health is provided for in various international and national legal frameworks. However, these laws have not fully impacted the health of children in Nigeria as evidenced in a high mortality rate of children prevalent in the country. This research examined the right of children to health in Nigeria, the legal frameworks that provide for this right and the challenges and prospects to its realization. This research was conducted using the doctrinal methodology. The study found that the right to health is in Chapter 2 of the 1999 Constitution is not justiciable; but the National Health Act and Child’s Right Act protect this right. However, the latter Act is yet to be adopted in all the States of the Federation. The study identified the socio-economic and cultural barriers which limit access and deny a child the right to health, inadequate funding of the primary health care system in Nigeria, as well as inadequate supply and access to essential children vaccines. The study recommended that subsidies on vaccines (e.g the Rota Virus vaccines) should be increased, to ensure that every child irrespective of social status is fully immunised. The study also recommended proper funding of the health-care system in general and the primary health care in particular. It is expected that the full implementation of these recommendations will help in enhancing the health of our children and ensuring that for every child, the right to health is guaranteed.

Key words: Child Right to Health, child vaccines, child immunisation, child morbidity rate,
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