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ENFORCEMENT OF FUNDAMENTAL RIGHTS OF PERSONS AFFECTED BY TUBERCULOSIS

Updated: Jul 15, 2023

LAWYERS ALERT V MINISTER OF HEALTH & 3 ORS

ENFORCEMENT OF FUNDAMENTAL RIGHTS OF PERSONS AFFECTED BY TUBERCULOSIS AGAINST STIGMATISATION AND DISCRIMINATION

Lawyers Alert in November 2022 filed an action against the Minister of Health and The Federal Government seeking the interpretation of section 42 of the 1999 constitution of the Federal Republic of Nigeria; and Article 2 of the African Charter on Human and Peoples’ Right CAP A9, Laws of the Federation of Nigeria, 2004, on whether the aforementioned provisions can validly be said to be operative and guarantees the right of persons who are or have been said to be affected by Tuberculosis against stigmatization and all forms of discrimination based on their “health status” in both the public and private spheres, including employment, education, housing, immigration and health care setting?, The suit also seeks to determine whether having regard to section 42 of the 1999 Constitution and Article 2 of the African Charter on Human and Peoples' Right, the provision of section 17 of the Quarantine Act (CAP Q2 LFN 2004) on forceful examination and removal of persons suffering from tuberculosis is discriminatory? Whether by virtue of the domestication of the African Charter on Human and Peoples’ Rights, all persons affected by TB are entitled to rights to access and enjoy the best attainable state of physical and mental health and rights to health which includes government’s duty to provide adequate medical facilities for the people and timely medical treatment in line with Article 16 of the African Charter on Human and Peoples’ Rights; thus amounting to the right to life as guaranteed under section 33 of the 1999 Constitution of the Federal Republic of Nigeria as amended.

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