Daniel Olushola IDOWU

A LEGAL ANALYSIS OF EUTHANASIA IN NIGERIA: BALANCING THE RIGHT TO LIFE AND THE RIGHT TO DIE

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Abstract
The question of the existence of a right to die by euthanasia also referred to as mercy killing and assisted suicide is one that goes beyond national boundaries and diverse legal systems. The dominant legal regime around the world is that euthanasia and assisted suicide is unlawful and criminalized. However, with advancements in medical technology leading to remarkably greater ability to sustain and prolong human life far beyond what was previously thought possible, coupled with corresponding growth in human right law, many countries such as Belgium, Netherlands, etc. have legalized the acts of euthanasia and assisted suicide. There is no doubt that there is global acceptance of a right to life. The question that is the bedrock of the euthanasia controversy is whether or not there is also conversely a right to die. This paper explores whether a right to die could be inferred from constitutional guarantees of dignity and autonomy, particularly in cases of terminal illness or unbearable suffering. It evaluates global perspectives, contrasting Nigeria’s stance with jurisdictions where euthanasia is legalized under strict conditions, such as the Netherlands and Belgium. Ethical dilemmas, including patient autonomy, medical ethics, and societal implications, are critically assessed alongside potential legal reforms. The analysis highlights the absence of explicit euthanasia legislation in Nigeria and the judiciary’s limited engagement with the issue. Ultimately, the paper advocates for a balanced approach, proposing a national dialogue to address legal ambiguities while respecting Nigeria’s socio-cultural context, ensuring that any reform aligns with constitutional protections and human rights principles.
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