EXAMINATION OF THE PRACTICE OF EUTHANASIA UNDER THE NIGERIAN AND BELGIUM LAWS: A COMPARATIVE ANALYSIS
), Omobolagbade Adebowale(2), Miller Ugochukwu Nzenwata(3), Jemimah Ekundayo Adediji(4),
(1) LLB, BL, LL.M, Ph.D, Lecturer, Department of Private and Commercial Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State.
(2) LLB, Law graduate from the School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State,
(3) LLB, BL, LL.M (in View), Lecturer, Department of Private and Commercial Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State.
(4) LLB, BL, LLM, Ph.D (in View), Lecturer, Department of Private and Commercial Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State.
Corresponding Author
Abstract
Euthanasia as act of putting a person’s life to an end to alleviate suffering remains a contentious issue and a subject of debate worldwide, most importantly within the realms of medicine, law, and bioethics. Despite euthanasia having historical roots and legal frameworks in several countries such as Belgium and the Netherlands, Nigeria lacks explicit legislation on this issue, putting reliance on cultural, ethical, and religious considerations. The study aims to identify the legal issues surrounding the practice of euthanasia in Nigeria when compared with another jurisdiction like Belgium. The research methodology adopted for this paper is a mixed method comprising of doctrinal and comparative analysis. The data utilized in this study include primary sources such as Criminal Code Act 2010, Penal Code Act 2004, the Constitution of the Federal Republic of Nigeria 1999 as amended, statutes and cases while the secondary sources include scholarly peer reviewed journals, books, periodicals, articles, manuals and online materials. The study concluded that there is a lack of explicit legislation on euthanasia and laws prohibiting terminally ill patients from undergoing voluntary euthanasia are inadequate, especially where such patients are going through excruciating pains, irreversible medical condition and all medical interventions have proved abortive. This study recommended that the Nigerian law prohibiting the right to die should be modified with priority on public education and awareness initiatives and terminally ill patients with irreversible medical condition should be allowed to exercise their right of autonomy.
Keywords
Belgium, Euthanasia, Individual Autonomy, Legal Framework, Nigeria
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