Falana points to danger in new national health law

Femi Falana, rights activist and former president of West Africa Bar Association, on Monday raised the alarm over the National Health Bill passed by the National Assembly and recently signed into law by President Goodluck Jonathan, saying it is licence for medical practitioners to kill and will also promote trading in human parts.
Falana, who addressed newsmen in Lagos, said the provisions of the Act waiving the consent of Nigerians with regard to nature of medical treatments and donation of human parts portends danger. He, therefore, called for an immediate stoppage of the implementation of the law.
He said: “We wish to point out that the National Assembly has violated the fundamental rights of Nigerians to life, human dignity, privacy and freedom of thought, conscience and religion by authorising medical doctors to remove organ of living persons in Nigeria without their informed consent.
“In order to appreciate the extent of the infringements of the human right of the Nigerian people section 48 and 51 of the National Health Act, 2014 which have made elaborate provisions for transplant are reproduced below.
“48 (1) subject to the provision of section 53, a person shall not remove tissue, blood or blood product from the body of another living person for any purpose except: (a) with the informed consent of the person from whom the tissue, blood or blood product is removed granted in prescribed manner.
“(b) that the consent clause may be waived for medical investigations and treatment in emergency cases and in accordance with prescribed protocol by appropriate authority.”
The lawyer noted that “since all hospitals and other medical establishments have been mandated to admit and treat all persons in emergency situation, the National Assembly has licensed medical personnel to engage in unauthorised surgical operations for the purpose of removing vital organs of living persons.
“Even though there are stringent penalties for commercialisation of any organs removed from any living person why should the consent of the donors be dispensed with? Falana queried.
Continuing his argument, Falana said “in other World where similar dangerous legislation exists, organs removed from living or dead persons are sold and transported to western countries where they are in high demand.”
He observed that before now there has been a fundamental right of Nigerians to health guaranteed by Article 16 of African Charter on Human and Peoples’ Right. Ratification and Enforcement, Act, CAP A9, Laws of the Federation of Nigeria.
Falana, who accused the Bill Gates Foundation of United States of America of introducing section 48 and 51 to the controversial Act, wondered why the West should protect the rights of animals in their countries and recommend the violation of human rights in Nigeria.
He added that 2004 Act provides that, “Every individual shall have the right to enjoy the best attainable state of physical and mental health.
“State parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.”