Rights of healthcare personnel under the Nigerian law

Abstract

Background: The rights of Health Care Pers onnel (HCP) is rarely discussed a mong authors unlike rights of patient. In many of the literatures, emphasis was always on the rights of patient as if other rights were not in existence. In other words, it is as if only patients have rights but not the HCP. Therefore, it is not s urprising that caregivers, in the course of providing care to patient, w ere subjected to ridicule, verbal abuse, physical or sexual assault from both the patients and their relatives. But, in reality, HCP are human b eings like the patient and their relatives, and are entitled also to rights th at are alienable, rights th at were imposed by the state and other civil rights meant for them. Methods: The research methodology used here is doctrinaire. Here, relevant primary sources– national statutes (i.e., the 1999 C onstitution of Federal Republic of Nigeria [CFRN], National Health Act [NHA] etc.), international declaration (i.e., Universal Declaration of Right [UDHR] etc.), international treaties/conventions (i.e., International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Culture Rights (ICESCR), In ternational Labour Organisation (ILO) conven tion etc.) – were explored. In addition, secondary sources that include available literatures supported with some applicable c ourt cases were also explored in discussing the topic. Results: All the relevant legal regimes explored indicated that, under the law, rights of HCP are well provided for. In fact, based on the principle of jural relation existing between rights and duty (the conse quen ce of which guarantee their re ciprocity), the government, patients and relatives of patients are mandated by law to protect these rights of the caregivers. Conclusion: It was s hown t hat the rights were not just provided for but were also a kind that are so important that a violation of which can be enforced through the machinery of the law. Put differently, there are substantial evidence to show that HCP are entitled to some enforceable rights that should not be violated or interfered with. And where such ri ghts are denied or violated, the HCP are given the power to enforce it through a litigation or other process provided by the law.