Realising access to contraception for adolescents in Nigeria: a human rights analysis

[摘要] English: This study is an analysis of whether laws and policies made by the Nigerian governmentrelating to access to contraception for adolescents are consistent with Nigeria'sobligations under international human rights law. Adolescents, especially femaleadolescents, encounter challenges regarding their sexual health needs. For instance, morethan half of those living with HIV in the country are female adolescents. Teenagepregnancy and the incidence of unwanted pregnancy are rife, leading to high cases ofunsafe abortion. Nigeria is said to have one of the worst cases of unsafe abortion in theregion. Moreover, the maternal mortality rate in Nigeria, estimated at about 1,000 deathsper 100, 000 live births, is one of the highest in the region. Most of the deaths occurringfrom pregnancy-related complications are among young women. Yet contraceptive useamong this group is very low. Some of the factors restricting access to contraceptiveinformation and services for adolescents include socio-cultural factors such as emphasison chastity for female adolescents, negative attitudes on the part of health care providersand inconsistencies in laws and policies. Nigeria has ratified international and regionalhuman rights instruments, including consensus statements, which obligate thegovernment to take necessary steps and measures in realising access to contraceptiveservices for adolescents, especially female adolescents in the country.Although Nigeria is not wanting in laws and policies relating to access to contraceptionfor adolescents, gaps exist in these laws and policies as most of them do not specificallyaddress the issue of adolescents' autonomy to seek contraceptive services, nor have theyspecifically addressed the needs of female adolescents. Therefore, the study is premisedon the fact that, since female adolescents, compared with their male counterparts aremore susceptible to sexual and reproductive ill health in Nigeria, it is necessary to paymore attention to their health needs than that of other groups in the country. Drawingfrom the experiences of feminist scholars, the study proposes that in analysing Nigeria'slaws and policies relating to access to contraception for adolescents, the femaleadolescent question should be asked to ascertain how the interest of this group has beenadequately catered for. The study concludes by arguing that the Nigerian government has not demonstratedadequate political will in implementing existing laws and policies to ensure access tocontraception for female adolescents. The government will need to embark on lawreforms and awareness campaigns to remove barriers that restrict access to contraceptionfor female adolescents. In addition, Nigerian courts will need to be more proactive intheir decisions and adopt a purposive approach to interpreting the laws of the country toadvance access to contraception to female adolescents. In doing this, Nigerian courts mayneed to ask the female adolescent question, which implies that decisions by Nigeriancourts on cases bordering on the sexual health of adolescents must always reflect thelived experiences of female adolescents.

[发布机构] University of the Free State