LEGAL FRAMEWORK ON EUTHANASIA IN MENTAL DISORDER CASES: A COMPARATIVE STUDY OF NIGERIA AND THE NETHERLANDS

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Abstract
Euthanasia, particularly in mental disorders, represents one of the most ethically complex and legally contested issues in contemporary medical jurisprudence. While physical suffering has long been the focus of end-of-life discussions, the recognition of psychological suffering as a legitimate basis for euthanasia introduces new layers of legal, ethical, and human rights considerations. This research critically examines the legal framework governing euthanasia in mental disorder cases, using a comparative approach between Nigeria and the Netherlands two jurisdictions with significantly divergent legal, cultural, and ethical perspectives. The study analyses the statutory and judicial positions on euthanasia in both countries, paying special attention to the criteria for mental competence, the evaluation of consent in psychiatric contexts, and the protections afforded to vulnerable individuals. In the Netherlands, euthanasia is legally permitted under strict conditions, even for individuals with psychiatric illnesses, provided that rigorous procedural safeguards are met. In contrast, Nigeria maintains a strict prohibition, with euthanasia treated as a criminal offence under both the Criminal Code and Penal Code, and without any provision for mental health-related exceptions. This research employs doctrinal and comparative methodologies, drawing from legal texts, case law, academic commentaries, and international human rights instruments. It identifies the shortcomings of Nigeria’s current legal stance and explores whether the Dutch model offers adaptable insights for humane and rights-based legal reform. The study ultimately argues for a more nuanced legal framework in Nigeria one that balances the sanctity of life with evolving standards of human dignity, mental health rights, and individual autonomy
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