REPRODUCTIVE HEALTH RIGHTS AND CONSENT: PROTECTING NIGERIAN WOMEN AND CHILDREN WITHIN THE FAMILY UNIT

Abstract

This study examines medical consent as a vital human right relating to the protection of Nigerian
women and children within the family and healthcare environment. The research is founded on
increasing concerns that women and minors are often deprived of independent participation in
medical decisions because of deeply rooted patriarchal customs, inadequate enforcement of legal
safeguards, and limited appreciation of informed consent in medical practice. Although the
Nigerian Constitution guarantees rights to dignity, privacy, and personal liberty, decisions
concerning the healthcare of women and children are frequently subjected to the authority of
husbands, parents, guardians, or relatives, thereby weakening their bodily autonomy and individual
rights. The research aims to evaluate the legal and institutional framework regulating medical
consent in Nigeria and to determine the extent to which existing laws protect women and children
in family and clinical settings. The study analyses constitutional provisions, the Child Rights Act,
medical ethical rules, judicial decisions, and international human rights instruments, including
CEDAW and the CRC. It also considers the influence of cultural and religious practices on the
implementation of informed consent. Using a doctrinal research methodology, the study relies on
statutes, case law, treaties, policy materials, textbooks, and academic literature, alongside
comparative insights from foreign jurisdictions. Findings reveal serious gaps in the protection of
informed consent, including inconsistent enforcement of child protection laws and reliance on
third-party consent by spouses or guardians. The study recommends legislative reforms, public
awareness, professional training, and stronger institutional mechanisms to ensure respect for
autonomy, dignity, and rights-based healthcare delivery in Nigeria.