Access to Medicines to Guarantee Women's Rights to Health in Nigeria

This article discusses the challenges that patents pose on vulnerable groups, such as women, to gain access to medicines in Nigeria. In order to realize improved access to healthcare, the article argues for the consideration, interpretation and circumvention of patent rights. By providing a brief framework of the Nigerian Constitution, the author outlines two issues in that the healthcare provision is not enforceable by the courts nor is it characterized as a human right. By drawing on pertinent jurisprudence, the author argues that the Nigerian government has an obligation and potentially an enforceable duty to mitigate the encroachment of women’s access to affordable and effective medicines. The latter includes ensuring that proprietary claims do not interfere with treatment accessibility. The article concludes that human rights principles can effectively aid in the resolution between private patent rights and public healthcare in Nigeria.