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Summary
This chapter examines the meaning of the right to health under
international law and its main content. It argues that the right to health is
one of the most fundamental rights, which interlinks with several other
rights such as life, dignity and non-discrimination. It then discusses the
importance of litigating the right to health generally; paying attention to
HIV-related litigation. The chapter notes that despite the recognition
given to the right to health under national and international documents,
litigating this right has met with different challenges. Thus, the chapter
discusses barriers to litigating the right to health in Nigeria, such as non-
recognition of the right to health as an enforceable right, the requirement
for locus standi, stigma and discrimination associated with HIV-related
cases and lack of knowledge on the part of lawyers and judges on
international human rights principles and standards. The chapter argues
that despite these challenges some opportunities exist for litigating the
right to health cases, especially HIV-related cases in Nigeria. In
conclusion, recommendations are made that will improve health-related
litigation in Nigeria
1 Introduction
Nigeria with about three million people living with HIV (PLWH) has the
second highest number of HIV infected persons in Africa.
1
Stigma and
discrimination are rife against people living with HIV in the country.
Moreover, studies have shown that on a daily basis people living with
HIV encounter human rights abuses in employment, housing,