APPRAISAL OF THE LEGAL AND REGULATORY FRAMEWORKS GOVERNING CONSENT IN FAMILY MEDICAL MATTERS IN NIGERIA

Abstract

This paper, titled Appraisal of the Legal and Regulatory Frameworks Governing
Consent in Family Medical Matters, the paper critically examines the legal
structures regulating consent within the Nigerian healthcare system, with
particular focus on women and children in the family context. Consent remains a
fundamental principle in medical jurisprudence, as it is intrinsically linked to the
protection of patients’ fundamental rights, including dignity, privacy, and bodily
integrity. The study underscores that beyond being a procedural requirement,
consent: particularly informed consent constitutes a core element of lawful medical
practice. Adopting a doctrinal research methodology, the paper undertakes a
detailed analysis of relevant statutory and regulatory instruments. Key legislations
examined include the Constitution of the Federal Republic of Nigeria 1999 (as
amended), the Child’s Rights Act 2003, the National Health Act 2014, and the
Violence Against Persons (Prohibition) Act 2015. These statutes are interrogated
to assess the extent to which they safeguard the autonomy and rights of women and
children in medical decision-making within the family structure. The paper also
explores judicial authorities to illuminate how Nigerian courts have interpreted and
enforced the doctrine of consent in medical settings. Furthermore, the study
provides conceptual clarifications of key terms such as consent, informed consent,
and capacity, thereby establishing a solid analytical foundation. It identifies gaps
and challenges within the existing framework, particularly in balancing parental
authority, cultural influences, and individual autonomy. The paper concludes by
offering recommendations aimed at strengthening legal protections and promoting
a rights-based approach to medical consent in Nigeria.