Consent to Life-Saving Medical Treatment for Children in Nigeria: An Examination of the Child's Rights Act and the National Health Act

The relationship between a medical practitioner and a patient is founded on the principles of contract in common law. These relationships require consent to be valid and to avoid trespass, assault, battery, or even criminal liability. The principle of consent is equally founded on competence or capability. Infants or minors are universally considered at law to be persons lacking competence to enter binding legal relations by reason of inability to comprehend the issues involved. In treatment, children of a certain age can understand the nature of medical treatment and the consequences of consenting to it. This article analysed the provisions of the Nigerian Health Act and the Child’s Rights Act in relation to the topic of consent by children and parents or guardians to life-saving treatment. The research employed an analytical approach in which the legislation and relevant literature were analysed. It was concluded that Nigeria has neither specific legislation nor adequate provisions in existing legislation. Recommendations were made for the passing of legislation and also the granting of specific guidance to medical practitioners on the requirement of consent to life-saving treatment for children and limited right of consent to minors of competence or understanding to participate in decisions involving their medical treatment.