Realising access to contraception for adolescents in Nigeria: a human rights analysis
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Durojaye, Ebenezer Tope
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University of the Free State
Abstract
Showing abstract in English
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.
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Keywords
Adolescents, Contraception, Human rights, Female adolescent question, Nigeria, Contraception -- Law and legislation -- Nigeria, Birth control -- Law and legislation -- Nigeria, Teenagers -- Sexual behavior -- Nigeria, Women -- Legal status, laws, etc. -- Nigeria, Women's rights -- Nigeria, Human rights -- Nigeria, Thesis (LL.D (Constitutional Law and Philosophy of Law))--University of the Free State, 2010