An analysis of some provisions of the 1999 Nigerian constitution in relationship with end of life care

Abstract

A number of people from one country to another are afflicted with life threatening  illnesses that require that they must be cared for until they survive or die. This is  referred to as end of life care in the literature. In some countries, the laws expressly make provisions for the end of life care. In Nigeria, though these provisions are not expressed, they are implied in the provisions of the 1999 Constitution, and can therefore, justify the need for end of life care. The important objective of this paper is to examine the provisions of Section 34(1) of the Constitution that deals with the dignity of a person and Section 38(1) that deals with the freedom of religion and thoughts in relation to end of life care. A review of the extant literature on the legal framework and end of life care was undertaken. The review indicates that every human being deserves to be treated with dignity irrespective of their health  conditions as failure to do this will amount to human degradation. It further reveals that the concept of dignity along side equality are the most important elements of end of life care. Section 34(1) of the 1999 constitution provides that every  individual is entitled to respect for the dignity of his person. Similarly, the paper  shows that dying persons with strange religious convictions are legally entitled to hold on tenaciously to those beliefs and health workers are obliged to respect those beliefs in carrying out the end of life care. Section 38(1) of the 1999 Constitution provides that every person shall be entitled to freedom of thought, conscience and
religion, including freedom to change his religion or belief. It is concluded that  though the Nigerian laws do not expressly provide for the right of the dying persons, it can be deduced that the provisions of the laws allow a lee way for the end of life care of a dying person.

Keywords: End of life care, Nigerian Constitution, dignity. religion and laws.