Constitutional Law and Philosophy of Law

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    Realising access to contraception for adolescents in Nigeria: a human rights analysis
    (University of the Free State, 2010-05) Durojaye, Ebenezer Tope; Ngwena, Charles; Cook, Rebecca
    English: This study is an analysis of whether laws and policies made by the Nigerian government relating to access to contraception for adolescents are consistent with Nigeria's obligations under international human rights law. Adolescents, especially female adolescents, encounter challenges regarding their sexual health needs. For instance, more than half of those living with HIV in the country are female adolescents. Teenage pregnancy and the incidence of unwanted pregnancy are rife, leading to high cases of unsafe abortion. Nigeria is said to have one of the worst cases of unsafe abortion in the region. Moreover, the maternal mortality rate in Nigeria, estimated at about 1,000 deaths per 100, 000 live births, is one of the highest in the region. Most of the deaths occurring from pregnancy-related complications are among young women. Yet contraceptive use among this group is very low. Some of the factors restricting access to contraceptive information and services for adolescents include socio-cultural factors such as emphasis on chastity for female adolescents, negative attitudes on the part of health care providers and inconsistencies in laws and policies. Nigeria has ratified international and regional human rights instruments, including consensus statements, which obligate the government to take necessary steps and measures in realising access to contraceptive services for adolescents, especially female adolescents in the country. Although Nigeria is not wanting in laws and policies relating to access to contraception for adolescents, gaps exist in these laws and policies as most of them do not specifically address the issue of adolescents' autonomy to seek contraceptive services, nor have they specifically addressed the needs of female adolescents. Therefore, the study is premised on the fact that, since female adolescents, compared with their male counterparts are more susceptible to sexual and reproductive ill health in Nigeria, it is necessary to pay more attention to their health needs than that of other groups in the country. Drawing from the experiences of feminist scholars, the study proposes that in analysing Nigeria's laws and policies relating to access to contraception for adolescents, the female adolescent question should be asked to ascertain how the interest of this group has been adequately catered for. The study concludes by arguing that the Nigerian government has not demonstrated adequate political will in implementing existing laws and policies to ensure access to contraception for female adolescents. The government will need to embark on law reforms and awareness campaigns to remove barriers that restrict access to contraception for female adolescents. In addition, Nigerian courts will need to be more proactive in their decisions and adopt a purposive approach to interpreting the laws of the country to advance access to contraception to female adolescents. In doing this, Nigerian courts may need to ask the female adolescent question, which implies that decisions by Nigerian courts on cases bordering on the sexual health of adolescents must always reflect the lived experiences of female adolescents.