By: AYINLA FRIDAOUS OPEYEMI
INTRODUCTION – The right to life is a fundamental and universal human right that is deeply rooted in the Nigerian Law. It is one of the most fundamental human rights, recognized both in Nigeria’s Constitution and in international human rights law. It is the right without which other rights cannot be exercised. However, the application of this right becomes complex when issues like abortion and euthanasia is involved. In Nigeria, abortion remains largely criminalized except to save the life of the mother, while euthanasia is strictly prohibited. There are discussions and debates which highlights the tension between protecting life on one hand and respecting individual autonomy and human dignity on the other. Abortion debates center on whether the fetus’s right to life outweighs a woman’s right to make decisions about her body, while euthanasia raises questions about whether individuals should have the choice to end unbearable suffering.
RIGHT TO LIFE: A FUNDAMENTAL HUMAN RIGHT
The right to life is a fundamental and universal right enjoyed by all citizens of Nigeria. The right to life guarantees that every person shall live freely without fear of their life being taken from them without any just cause. This right been provided for in Section 33 of the Constitution of the Federal republic of Nigeria (As Amended). S33(1) provides that Every person has a right to lie, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria. S33(2) states that a person shall not be regarded as having been deprived of his life in contravention of the section if he dies as a result of the use, to such extent and in such circumstance as are permitted by law, of such force as is reasonably necessary: for the defense of any person from unlawful violence (a) or for the defense of property; in order to effect a lawful arrest or to prevent the (b) escape of a person lawfully detained; or for the purpose of suppressing a riot, insurrection or (c) mutiny.
A person is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility.
A person in law is someone who is a living person. Someone who is capable of being killed.
The Right to Life is a very important and essential human right as it put the minds of citizens at ease and serves as foundational principle for all other rights. The right to life is considered the most important among the human rights because it enclose the preservation and protection of life.
Article 4 of the African Charter on Human and People’s rights provides that Human rights are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. Article 2 of the UDHR also provides that everyone has the right to life, liberty and security of persons.
Article 6 of the ICCPR provides that everyone has an inherent right to life. The right shall be protected by law and no one shall, without cause, be deprived of his life.
It was held in the case of AMOSHIMAN v STATE (2011) 14 NWLR (Pt. 1268) 530 that The right to life as provided under the Nigerian Constitution is however qualified and not absolute. Although section 33(1) of the 1999 Constitution guarantees the right to life of everyone, it equally legally permits the deprivation of life in execution of the sentence of a court of law in respect of a criminal offence, such as armed robbery, for which the person has been found guilty.
ABORTION: PERSPECTIVE AND DEBATES
Abortion is the termination of a pregnancy by the removal or expulsion of an embryo or fetus. It is when a pregnancy is ended or terminated such that it doesn’t lead to childbirth. Women’s ability to access safe and legal abortions is restricted in law or in practice in most countries in the world. Even in countries where abortion is safe and Legal, there are limited access to effective and safe abortion services due to lack of regulations and poor health services.
In a country like Nigeria, for instance, abortion is an offence. This is provided for in Section 328 of the Criminal Code which provides that Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive then died, she would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to imprisonment for life. S228 of Criminal Code provides that Any person who, with intent to procure the miscarriage of a woman whether or not she is with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, is guilty of a felony, and is liable to imprisonment for fourteen years. Section 229 states that any woman obtaining a miscarriage is guilty of a felony and may be sentenced to imprisonment for up to 7 years. Section 230 states that anyone supplying anything intended for a woman’s miscarriage is also guilty of a felony and may be sentenced to up to 3 years of imprisonment. Sections 232 and 233 of the Penal code is also similar to the sections of the Criminal Code Likewise Section 1 Infant Life(Preservation) Act 1929 which provides that any person who, with the intent to destroy the life of a child capable of being born alive, causes the child to die before it has an existence independent of its mother, is guilty of a felony punishable by penal servitude for life.
It has been held in the case of ATTAH V STATE (1993) 4 NWLR (Pt. 288) 403 that it is common knowledge that procurement of abortion is a dangerous and hazardous operation.
The only legal way to have an abortion in Nigeria is if it was done in good faith for the purpose of preserving the life of the mother or if the birth of the child is going to put the mother’s life in danger. S232 of the Penal Code and Section 1 Infant Life(Preservation) Act 1929 has given this exception concerning the act of causing the miscarriage of a person.
While differing in their specifics, the Islamic, Christianity and traditional Nigerian perspectives on abortion share a common thread on abortion which is straying from the sanctity of life.
Traditional Nigerian cultures often view the bearing of children as a sacred responsibility, essential for the honor of the family and community. The traditional culture view abortion as a taboo and an act that is morally wrong and diminishing to the value of human life.
While some Islamic scholars prioritizes preserving the human life and thus prohibits abortion, others state that abortion can be allowed in a situation like Rape or where continuing pregnancy would pose a risk to the life of the mother.
Most Christians believe in the sanctity of the human life which is rooted in the biblical doctrine of the Image of God. This doctrine is grounded un the fact that all human life is sacred and deserves protection and care.
EUTHANASIA: PERSPECTIVES AND DEBATES.
Euthanasia is the painless and hastening killing of a person or animal suffering from an incurable and painful disease or in an irreversible coma to prevent them from further suffering. It is the practice of intentionally ending life to eliminate pain and suffering. The practice of Euthanasia can be voluntary where the consent of the person is taken, non-voluntary where it is impossible to get consent or involuntary where consent is not taken.
Some countries legalize Euthanasia. For instance, in Netherland, the law permits euthanasia if the patient is experiencing unbearable suffering with no prospect of recovery, and the patient’s request is voluntary and well-considered.
Belgium also legalizes euthanasia under similar conditions as Netherland and permits it for minors too provided that their consent is gotten.
Switzerland doesn’t have specific laws regarding or guiding euthanasia but also allows assisted suicide.
However, in certain countries like Nigeria and the United States, Euthanasia is illegal.
Under the penal and Criminal Code, any act that leads to the death of a person is regarded as Murder or manslaughter. Though not expressly recognized or stated as euthanasia, going by the definition, Euthanasia illegality is seen in S311, S326 and S327 of the Criminal Code.
S.311 provides that a person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is laboring under some disorder or disease arising from another cause, is deemed to have killed that other person.
S.326 provides that Any person who procures another to kill himself, or counsels another to kill himself and thereby induces him to do so or aids another in killing himself is guilty of a felony, and is liable, to imprisonment for life.
S.327 provides that any person who attempts to kill himself is guilty of a misdemeanor, and is liable to imprisonment for one year.
S.299 provides that consent by a person to the causing of his own death does not affect the criminal responsibility of any person by whom such death is caused.
The term euthanasia is not used in the penal laws in Nigeria, but an inference to that effect is provided for. The killing of a human being by another is a crime under homicide, amounting to murder or manslaughter
In the case of STATE v OKEZIE, the case of a native doctor who made charms for the deceased. The deceased asked the native doctor to test run the charm and fire him a shot which he did and it led to the death of the deceased. He was convicted of Murder for aiding the killing of another.
The bible can also be used as a reference when it says “Thou shalt not kill” (Ex 20:13). that human life is not at the disposal of anyone, for it is not the exclusive property of anyone, but the gift of God.
Also, In Adegoke v. State (2006) 15 NWLR (Pt. 1001) 394., the Nigerian court convicted an individual for the unlawful killing of a person who was in a state of suffering, which touched on the broader concept of the state’s role in preventing unnecessary death. The lawyers argued whether the protection of life under Nigerian law, and whether causing death, even in the case of a terminally ill person, could be justified under any circumstances. The court reaffirmed the sanctity of life in Nigerian law, emphasizing that life should not be ended except in accordance with the law.
However, in the case of Okonkwo v. Nwoye (2011) 15 NWLR (Pt. 1123) 324 which involved a dispute over the treatment of a terminally ill patient. The question of whether family members or healthcare providers had the right to make decisions about end-of-life care was central. The supreme court held that life cannot be intentionally ended without the clear and express consent of the patient or in accordance with the law. This is indirectly inferring that if the patient’s consent had been sought, their life can be taken i.e. passive euthanasia.
Some people argue that Euthanasia is a matter of individual autonomy, what the individual wants and doing them a favor by giving them a painless death to alleviate the suffering they are faced with. They believe that it is the right of individuals to make decisions regarding their own bodies. They also opined that a person should be able to die with dignity and in control of their situation. Prolonged terminal illness can be emotionally and financially devastating for families. In some cases, euthanasia may relieve loved ones of prolonged trauma and allow more peaceful closure. For some patients, pain, loss of function, or existential suffering cannot be controlled by medical and palliative care.
While some argued that the sanctity of the human life would be rendered useless if Euthanasia becomes legalized in the country. They argued that legalizing euthanasia could This could normalize ending lives too easily. The healthcare systems might invest less in improving palliative care if euthanasia is normalized. These people also argued that religiously, euthanasia can be seen as “playing God” or interfering with the natural cycle of life and death. It is the duty of doctors to prolong and save the lives of patients. Euthanasia could clear this role, making the patients fear that their doctors could choose to end their lives rather than search for treatment options. Patients might also feel pressured to pick euthanasia to avoid being a financial or emotional burden on their families. Legalizing euthanasia could also call for abuse or medical error. For instance, if a doctor makes a mistake in diagnosing or assessing a patient’s condition, it could result in the premature death of a patient. In such cases, an unethical doctor might even cover up the error by falsely claiming that the patient had consented to euthanasia.
CONCLUSION
The debate surrounding the right to life, abortion and euthanasia in Nigeria has different complexities. Some people argue that Euthanasia and abortion is a matter of individual autonomy, what the individual wants. autonomy is women having control over their reproductive choices. Denying a woman that choice can be seen as treating her body as a vessel for reproduction rather than respecting her as a full moral agent. If society forces a woman to carry a pregnancy against her will, it raises questions about fairness and equality as men do not face such compulsory bodily demands.
While the Critics to this argued that the right to life Is a fundamental right which guarantees the dignity, privacy and freedom of individuals and should not be taken for granted or as a person wills. They belief that abortion and euthanasia violates that right by deliberately ending innocent human life which is contrary to the belief that the right to life is absolute and fundamental.
If there’s made available essential and effective palliative care, improved access to healthcare and support, Nigeria can promote the dignity of persons and the culture of Life. Essentially, the right to life remains a fundamental and universal principle and its application requires careful consideration, compassion and empathy.
