An Appraisal of the Right to Health versus the Right to Die: Medico-Legal Analysis

Abstract

This work delved into medico-legal issues relating to the right to health and the right to die. On the other hand, the work tried to provide answers to the question of whether there is a right to die by either suicide, euthanasia or refusing lifesaving medical treatment. The aim of this research work is to find out whether there is a legal right to die notwithstanding the existing right to health as provided under international, regional and municipal laws. The research methodology adopted was doctrinal, analytical and descriptive. In achieving the purpose of this research, reliance was placed on information gathered from primary and secondary sources. It was found that the right to die by euthanasia is debatable as it is applicable in some jurisdictions, such as the New Zealand, Switzerland, and some states in the United States of America but outlawed in most countries. Euthanasia is not particularly outlawed by a specific law in Nigeria but the criminal code Act prohibits killing another person intentionally or inadvertently; thus euthanasia is outlawed in Nigeria by necessary implication. The right to die by suicide is prohibited and backed by criminal sanctions in Nigeria. However, in some other countries such as the United Kingdom, suicide was decriminalized, as it is viewed as a mental illness that requires medical attention. Meanwhile, the right to die by refusing lifesaving medical treatment is permissible in some circumstances, provided that the patient is an adult with a sound mind. This research recommended that the Nigerian National Assembly should amend the criminal law as it pertains to suicide in order to decriminalize same and provide for mental health care for persons who attempted to commit suicide. The government should work towards building more standard health institutions and social amenities to improve holistic health of the citizens.