Olaitan Olusegun | Afe Babalola University, Ado-Ekiti (original) (raw)
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Papers by Olaitan Olusegun
Nasarawa State University Journal of Private and Business Law, 2017
The law relating to mental health in Nigeria is totally inadequate. Traditional, measures were em... more The law relating to mental health in Nigeria is totally inadequate. Traditional, measures were employed for the care and treatment of the mentally ill before the establishment of asylums in Lagos and Abeokuta. There has been a shift from traditional measures to orthodox medicine as an improved care and treatment method for mental illness in the country. Nigeria adopted the Lunacy Act, 1958 which was lacking in so many ways. A bill which was to bring some form of reprieve, although still inadequate on Mental Health, was presented before the Federal parliament in 2003 however it was withdrawn by the same Federal Legislative Arm about six years after. This paper attempts to review the state of mental health in Nigeria and make a conceptual overview of mental health law as a necessity for safeguarding the well-being of individuals. It concludes that there is a need to emphasize the need for a review of the current law and the possibility of passing new laws which will protect persons with mental health issues, their rights and development of the Nation’s Healthcare System.
The aim of this article is to examine the application of the United Nations Sustainable Developme... more The aim of this article is to examine the application of the United Nations Sustainable Development Goals (sdgs) on biological diversity in Nigeria, emphasizing the preconditions for implementation and the barriers and difficulties for their realization. Given Nigeria’s faltering attempts and failure to achieve the biodiversity goals in the Millennium Development Goals (mdgs), a predecessor to the sdgs, this article
builds a profile of the salient law and institutional barriers to the implementation and attainment of the sdgs on biodiversity in Nigeria and proffers practical and normative solutions to those challenges. The methodology approach is based in an analytical and survey of the scope and status of the implementation of international law norms on biodiversity in Nigeria. The results indicate that archaic legislative provision on biodiversity; lack of coherent post-2015 biodiversity agenda; lack of institutional coordination; absence of political will; and inadequate stakeholder engagement in evolving national biodiversity plans are the main legal barriers that must be addressed if the sdgs are to be attained in Nigeria.
Life is sacred and as such, all human beings crave to utilise all available means to sustain livi... more Life is sacred and as such, all human beings crave to utilise all available means to sustain living. This is one desire that is pitched against the reality of human life, which is attached to the health conditions of human organs. Organ transplantation therefore, is a potential solution to achieve replacement of damaged human organs. However, this opportunity is not fully available in Nigeria due to the several constraints and challenges involved in such transplants. This paper therefore examines the challenges affecting Nigerians who wish to have a better chance of a quality healthy life with new organs. It found that the challenges of organ transplantation such as the need for regulation, lack of public awareness, high cost of transplantation and inadequate facilities in hospitals are all factors that hinder an efficient process of organ transplantation. These factors thus need to be resolved in order to make progress.
Keywords: organ transplantation, organs, healthcare, hospitals, challenges, Nigeria, transplantation, health
Women who lack maternity protection suffer a lot of difficulties and obstacles. They can be fired... more Women who lack maternity protection suffer a lot of difficulties and obstacles. They can be fired from their workplaces upon becoming pregnant while some are replaced before they return from maternity leave. Some employers do not hire pregnant women. Although the Nigerian Labour Act has provisions intended to grant women maternity protection, when viewed in the light of international labour standards as contained in relevant International Labour Organisation (ILO) conventions, the protection by the legal regime in Nigeria is much lesser than recommended. More so, the protection granted by the multifaceted work environment in the private and public sectors is not unified. Even within the public sector, different provisions govern maternity protection depending on whether a woman is employed by the Federal, State or Local government. This paper therefore examines in details the various components of maternity protection as advocated by the ILO and the right of women to maternity protection. The maternity protection provisions in Nigeria are discussed and critically analysed in the light of international labour standards in order to determine the level of compliance of the country. The paper thus concludes on the need for Nigeria to embark on a legislative and policy reform that will grant adequate maternity protection to working women in order to improve the health of both mother and child together with the efficiency of such women at the work place.
All individuals are entitled to rights, which should not be trampled upon in any way. The right t... more All individuals are entitled to rights, which should not be trampled upon in any way. The right to the highest attainable quality of health care is among these rights and serve as an important aspect of women's lives. Women's reproductive health has suffered a lot of neglect and this has many negative consequences on their lives, family and society as a whole. The rights of women, if protected, would improve their health in all ramifications. Women have the right to make decisions about issues concerning their lives and reproductive health. That is, they should know what is being done to their bodies, the risks and implications thereof and be able to give their consent. Harmful practices and customs should be avoided in order to encourage women reach their fullest potentials. This paper examines the problems women face when their reproductive rights are infringed upon. It observes that women are entitled to rights to life, right to reproductive health, rights to be free from violence and torture, rights to maternity leave, among others. Failure to attain these rights could lead to maternal and child mortality, HIV/AIDS, complications during pregnancy, unhealthy children and death. Women encounter an infringement on their reproductive rights in some particular circumstances and places including hospitals, prisons and workplaces and these are discussed in this paper. The legal framework which supports the reproductive rights of women in Nigeria is also analysed. The paper recommends that a national legislation which focuses on the various reproductive rights of women is needed and that the implementation of these laws is very crucial for an integrated cessation of the suffering of women.
he United Nations General Assembly has, through several Conventions, emphasized the need for the ... more he United Nations General Assembly has, through several Conventions, emphasized the need for the full realization of the right to development, alongside the rights to food and clean water, the right to shelter and the right to housing. According to the United Nations, if Economic Social and Cultural Rights (ESCR) are violated, the right to development is also violated. However, the realization of ESCRs in Nigeria continues to face challenges, therefore, the realization of development remains germane both in Nigeria and the international community at large. The search for development in Nigeria, therefore, requires the grasping of the conceptualized Right to Development (RTD), and dealing with the barriers and legal challenges, which affect the realization of the RTD. This article, therefore, aims to analyse the content, commitment, and nature of the right to development and examines the barriers to its implementation in Nigeria. The article discusses problems such as governmental corruption, lack of resources, lack of institutional capacity, poverty, internal conflicts, judicial performance, lack of implementation and enforcement of laws, and concludes that the goals of sustainable development in Nigeria cannot be fully realized without a conscious effort towards reduction in corruption which can practically serve as a panacea for achieving meaningful development.
Journal of Sustainable Development Law and Policy (The), 2016
Nasarawa State University Journal of Private and Business Law, 2017
The law relating to mental health in Nigeria is totally inadequate. Traditional, measures were em... more The law relating to mental health in Nigeria is totally inadequate. Traditional, measures were employed for the care and treatment of the mentally ill before the establishment of asylums in Lagos and Abeokuta. There has been a shift from traditional measures to orthodox medicine as an improved care and treatment method for mental illness in the country. Nigeria adopted the Lunacy Act, 1958 which was lacking in so many ways. A bill which was to bring some form of reprieve, although still inadequate on Mental Health, was presented before the Federal parliament in 2003 however it was withdrawn by the same Federal Legislative Arm about six years after. This paper attempts to review the state of mental health in Nigeria and make a conceptual overview of mental health law as a necessity for safeguarding the well-being of individuals. It concludes that there is a need to emphasize the need for a review of the current law and the possibility of passing new laws which will protect persons with mental health issues, their rights and development of the Nation’s Healthcare System.
The aim of this article is to examine the application of the United Nations Sustainable Developme... more The aim of this article is to examine the application of the United Nations Sustainable Development Goals (sdgs) on biological diversity in Nigeria, emphasizing the preconditions for implementation and the barriers and difficulties for their realization. Given Nigeria’s faltering attempts and failure to achieve the biodiversity goals in the Millennium Development Goals (mdgs), a predecessor to the sdgs, this article
builds a profile of the salient law and institutional barriers to the implementation and attainment of the sdgs on biodiversity in Nigeria and proffers practical and normative solutions to those challenges. The methodology approach is based in an analytical and survey of the scope and status of the implementation of international law norms on biodiversity in Nigeria. The results indicate that archaic legislative provision on biodiversity; lack of coherent post-2015 biodiversity agenda; lack of institutional coordination; absence of political will; and inadequate stakeholder engagement in evolving national biodiversity plans are the main legal barriers that must be addressed if the sdgs are to be attained in Nigeria.
Life is sacred and as such, all human beings crave to utilise all available means to sustain livi... more Life is sacred and as such, all human beings crave to utilise all available means to sustain living. This is one desire that is pitched against the reality of human life, which is attached to the health conditions of human organs. Organ transplantation therefore, is a potential solution to achieve replacement of damaged human organs. However, this opportunity is not fully available in Nigeria due to the several constraints and challenges involved in such transplants. This paper therefore examines the challenges affecting Nigerians who wish to have a better chance of a quality healthy life with new organs. It found that the challenges of organ transplantation such as the need for regulation, lack of public awareness, high cost of transplantation and inadequate facilities in hospitals are all factors that hinder an efficient process of organ transplantation. These factors thus need to be resolved in order to make progress.
Keywords: organ transplantation, organs, healthcare, hospitals, challenges, Nigeria, transplantation, health
Women who lack maternity protection suffer a lot of difficulties and obstacles. They can be fired... more Women who lack maternity protection suffer a lot of difficulties and obstacles. They can be fired from their workplaces upon becoming pregnant while some are replaced before they return from maternity leave. Some employers do not hire pregnant women. Although the Nigerian Labour Act has provisions intended to grant women maternity protection, when viewed in the light of international labour standards as contained in relevant International Labour Organisation (ILO) conventions, the protection by the legal regime in Nigeria is much lesser than recommended. More so, the protection granted by the multifaceted work environment in the private and public sectors is not unified. Even within the public sector, different provisions govern maternity protection depending on whether a woman is employed by the Federal, State or Local government. This paper therefore examines in details the various components of maternity protection as advocated by the ILO and the right of women to maternity protection. The maternity protection provisions in Nigeria are discussed and critically analysed in the light of international labour standards in order to determine the level of compliance of the country. The paper thus concludes on the need for Nigeria to embark on a legislative and policy reform that will grant adequate maternity protection to working women in order to improve the health of both mother and child together with the efficiency of such women at the work place.
All individuals are entitled to rights, which should not be trampled upon in any way. The right t... more All individuals are entitled to rights, which should not be trampled upon in any way. The right to the highest attainable quality of health care is among these rights and serve as an important aspect of women's lives. Women's reproductive health has suffered a lot of neglect and this has many negative consequences on their lives, family and society as a whole. The rights of women, if protected, would improve their health in all ramifications. Women have the right to make decisions about issues concerning their lives and reproductive health. That is, they should know what is being done to their bodies, the risks and implications thereof and be able to give their consent. Harmful practices and customs should be avoided in order to encourage women reach their fullest potentials. This paper examines the problems women face when their reproductive rights are infringed upon. It observes that women are entitled to rights to life, right to reproductive health, rights to be free from violence and torture, rights to maternity leave, among others. Failure to attain these rights could lead to maternal and child mortality, HIV/AIDS, complications during pregnancy, unhealthy children and death. Women encounter an infringement on their reproductive rights in some particular circumstances and places including hospitals, prisons and workplaces and these are discussed in this paper. The legal framework which supports the reproductive rights of women in Nigeria is also analysed. The paper recommends that a national legislation which focuses on the various reproductive rights of women is needed and that the implementation of these laws is very crucial for an integrated cessation of the suffering of women.
he United Nations General Assembly has, through several Conventions, emphasized the need for the ... more he United Nations General Assembly has, through several Conventions, emphasized the need for the full realization of the right to development, alongside the rights to food and clean water, the right to shelter and the right to housing. According to the United Nations, if Economic Social and Cultural Rights (ESCR) are violated, the right to development is also violated. However, the realization of ESCRs in Nigeria continues to face challenges, therefore, the realization of development remains germane both in Nigeria and the international community at large. The search for development in Nigeria, therefore, requires the grasping of the conceptualized Right to Development (RTD), and dealing with the barriers and legal challenges, which affect the realization of the RTD. This article, therefore, aims to analyse the content, commitment, and nature of the right to development and examines the barriers to its implementation in Nigeria. The article discusses problems such as governmental corruption, lack of resources, lack of institutional capacity, poverty, internal conflicts, judicial performance, lack of implementation and enforcement of laws, and concludes that the goals of sustainable development in Nigeria cannot be fully realized without a conscious effort towards reduction in corruption which can practically serve as a panacea for achieving meaningful development.
Journal of Sustainable Development Law and Policy (The), 2016