The Chief Judge, Federal Capital Territory, Hon. Justice Husseini Yusuf, has said there was need to include Health Rights in Chapter Four of the 1999 Constitution (as amended), especially section 42, which deals with Right to Freedom from discrimination.
Yusuf, who is also the Chairman of the FCT Judicial Council, said this at a workshop organised by Lawyers Alert in partnership with Stop TB Partnership’s Challenge Facility for Vivil Society on Thursday in Abuja.
The workshop was held with the theme, ‘Activating The Power of Communities, Human Rights & the Law to End TB!’
The Abuja Chief Judge, who was represented at the event by Justice O.A Adeniyi from FCT High Court, said: “Perhaps the time has come for us to expand Chapter Four of the Constitution of the Federal Republic of Nigeria, particularly section 42 that deals with their right to freedom from discrimination. That right does not include health rights, discrimination from health issues.
“I as a person, I’ve not handled any such matter on health rights and I can say for the courts as an institution that we hardly have such matters come before us and it’s not the fault of the courts.
“It is out of ignorance, maybe of the people who are to approach the courts for such rights, and perhaps the lawyers who should be the vanguard advocating for such rights. If its not too late, this is one of such a very important provision that should already be in our Constitution by now.
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“As of now that we don’t have clear court provisions in our constitution, we can still expand, interpret our constitution on human rights to include health rights.”
A human rights lawyer and legal researcher, Brian Citro, stressed the need for lawyers, Civil Society Organisations and the media to monitor and obtain legal remedies and accountability and work towards ensuring the law and the courts work together to end Tuberclosis (TB) in Nigeria.
While noting that people with Tuberclosis as well as TB survivors have little access to the courts, he maintained that the workshop was expected to help in expanding access to legal representation for people affected by TB, even as he added that there wasn’t so much of an engagement between communities affected by TB and the legal community.
On his part, President Lawyers Alert, Rommy Mom, who regretted that TB has burdened much more Nigerians and taken more lives than HIV and Covid-19, charged lawyers to take up free legal services for people affected by TB whose rights may have been violated
“My colleagues, Learned friends, we need to up our game in terms of free legal services for vulnerable groups in our society. My friends in the civil society sector it is the call for action that even if nobody steps forward, strategic impact litigation offers us a window to challenge the system.
“We have a lead into the judiciary. One of the doors that has been cut open is for us to walk in and engage, try to talk to our laws. magistrates, This is a call for action for all of us to begin to put our heads together towards rolling back the effect and the burden of TB in this country,” Mom said.
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