The legal regime for the protection of human rights in Nigeria recognises the rights provided by regional and global human rights treaties. Among others, Nigeria is bound by the African Charter on Human and Peoples Right and International Covenant on Economic, Social, and Cultural Rights. While accepting the applicability of these treaty-based rights, the fundamental law of the country goes further by enumerating certain rights and guaranteeing their enforcement. These are classified as fundamental human rights. The fundamental human rights system of Nigeria radically departs from the established conventional approach in international human rights law, where states are positioned as the sole actors and bearers of human rights obligations. The Nigerian approach is exemplified by the willingness of Nigerian courts to allow the enforcement of fundamental human rights against both state and nonstate actors, including business entities, be they local companies or multinational corporations. In the particular context of the human rights obligations of business corporations, this chapter discusses the link between international human rights law and the enforcement of human rights in Nigeria. This discussion leads to an examination of the legal basis for implementing the right to health in Nigeria. Next, this chapter evaluates the legal regime for adjudicating alleged violations of human rights by business corporations. This evaluation leads to the elucidation of the substantive duties that the human right to health imposes on business corporations in contradistinction to those imposed on the state or state agents.

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The Enforcement of the Right to Health Against Business Corporations in Nigeria

  • Elijah Oluwatoyin Okebukola,
  • Olabode Oluwasola Ayorinde,
  • Aliyu Abubakar

摘要

The legal regime for the protection of human rights in Nigeria recognises the rights provided by regional and global human rights treaties. Among others, Nigeria is bound by the African Charter on Human and Peoples Right and International Covenant on Economic, Social, and Cultural Rights. While accepting the applicability of these treaty-based rights, the fundamental law of the country goes further by enumerating certain rights and guaranteeing their enforcement. These are classified as fundamental human rights. The fundamental human rights system of Nigeria radically departs from the established conventional approach in international human rights law, where states are positioned as the sole actors and bearers of human rights obligations. The Nigerian approach is exemplified by the willingness of Nigerian courts to allow the enforcement of fundamental human rights against both state and nonstate actors, including business entities, be they local companies or multinational corporations. In the particular context of the human rights obligations of business corporations, this chapter discusses the link between international human rights law and the enforcement of human rights in Nigeria. This discussion leads to an examination of the legal basis for implementing the right to health in Nigeria. Next, this chapter evaluates the legal regime for adjudicating alleged violations of human rights by business corporations. This evaluation leads to the elucidation of the substantive duties that the human right to health imposes on business corporations in contradistinction to those imposed on the state or state agents.