By
Ater Solomon Vendage,
Agbo Alexander Francis, Oketoyin Dorcas Adenike
Abstract
In this study, the complex interplay between parental rights and child autonomy in medical consent for minors in Nigeria is examined. In Nigeria, children’s rights to health and bodily integrity are constitutionally and legally protected under the Constitution and Child Rights Act 2003. While parents or guardians traditionally consent to medical treatment on behalf of their children due to the latter’s presumed immaturity. Nigerian law recognises the evolving capacity of minors typically from age 13 to make informed medical decisions independently. Judicial decisions, such as in Esabunor v Faweya, affirm that a child’s best interests take precedence over parental objections, including those based on religious beliefs, especially in life-threatening scenarios. This approach reflects a careful balance between respecting parental authority and safeguarding the child’s right to life and health. Nonetheless, challenges persist due to the lack of explicit statutory guidelines clearly defining the scope and limits of parental control versus minor consent, leading to potential conflicts in medical practice. The study finds that Nigerian courts prioritize protecting vulnerable children from harm, even if this requires overriding parental refusals of treatment. To enhance the protection of minors’ health rights, the study recommends legislative reforms to clarify the legal standards for medical consent by minors, taking into account their maturity and understanding. It also advocates increased public education to raise awareness among parents, guardians, and healthcare providers about children’s evolving autonomy and rights in healthcare decisions, ultimately promoting a child-centered approach that balances protection with respect for emerging autonomy.