HUMAN RIGHTS CONSIDERATIONS

This research project critically examines the profound conflict within Nigerian law between the absolute criminalization of euthanasia, grounded in the State's constitutional duty to protect life under Section 33 of the 1999 Constitution, and fundamental human rights guarantees, particularly the right to dignity enshrined in Section 34. It argues that the current legal framework, crystallized in Section 311 of the Criminal Code Act and Section 220 of the Penal Code, which categorizes any act of euthanasia as murder irrespective of patient consent or unbearable suffering, creates a significant human rights deficit by potentially compelling individuals to endure degrading terminal agony against their will. Through a doctrinal legal methodology employing analytical, comparative, and descriptive methods, the study dissects Nigeria's criminalization rationale, evaluates its tension with constitutional and international human rights obligations (ICCPR, African Charter), and analyses judicial attitudes revealed
in pertinent case law, which consistently uphold the sanctity of life but acknowledge underlying ethical dilemmas. Comparative analysis of regulated euthanasia models in the Netherlands, Belgium, and Canada identifies key lessons regarding balancing autonomy with safeguards. Synthesizing these insights, the study proposes a tailored framework for potential decriminalization in Nigeria. This framework advocates for specific legislative reforms, stringent institutional safeguards (including rigorous assessment of competence, voluntariness, suffering, and prognosis), and clear mechanisms to balance individual rights to
dignity and autonomy with the State's enduring duty to protect life and prevent abuse. The research concludes that reconciling criminal liability with human rights considerations is both necessary and feasible through carefully crafted regulation, offering a pathway to alleviate unbearable suffering while respecting Nigeria's legal traditions and societal values. It contributes original analysis to Nigerian legal scholarship on this underexplored rights conflict and provides concrete recommendations for legal reform, policy development, and further research.