REPRODUCTIVE JUSTICE, HUMAN RIGHTS AND INFERTILITY IN NIGERIA: A LEGAL AND POLICY ANALYSIS
Keywords:
reproductive justice, fertility care, human rights, assisted reproductive technologyAbstract
This article is set against the background of the recognition of infertility as a disease requiring specific medical, legislative and policy intervention by the World Health Organization. It was motivated by the need to explore the intersection between reproductive justice and human rights with the aim of spotlighting the challenges faced by infertile people in Nigeria. It exposes a critical legislative and policy gap in Nigerian legal structure: the absence of a systematic, rights-based presentation of infertility through the integrated framework of reproductive justice and enforceable human rights obligations. The article adopted the doctrinal research approach, relying on its analytical nature to explore the concepts and framework for reproductive justice in Nigeria. Both primary and secondary data formed the sources of data for the article. The primary sources include domestic instruments such as the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the medical and Dental Practitioner’s Act while the secondary sources include text books and published articles of renown authors. The study establishes that infertility constitutes a significant reproductive justice challenge in Nigeria. It further demonstrates that Nigeria’s statutory and regulatory framework does not adequately recognise or protect reproductive justice. Existing legal instruments lack explicit provisions guaranteeing equitable access to infertility prevention, diagnosis, and treatment services. In addition, the study identifies infertility as a significant determinant of health status in Nigeria and confirm that cost represents a primary structural barrier to achieving reproductive justice in Nigeria. The work recommends among others, constitutional reform and a more inclusive public health financing and insurance schemes to make reproductive justice a reality in Nigeria.
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