Parental Refusal of Treatment and Children's Rights in Nigeria

Love and nurture constitute the overarching motivation that propel parents in the preservation of their child's life when ill. Religious dogma, culture and tradition sometimes override this natural instinct making parents express love in ways contrary to law. This article examines parental consent practices over children. It focuses on parental withholding of consent to medical treatment on religious, spiritual, cultural/compassionate grounds, especially in cases of terminally ill children, children with congenital diseases and disabilities. It further explores the effects and implication of traditional African beliefs on parental consent. Nigeria's bifocal legal system implies varying levels of children's protection. These have implications for rights exercisable by parents/guardians. The autonomous rights of children above parents are discussed referring to specific cases. We conclude that children's rights to essential medical care can be usurped by parents' ethical/religious values, putting health care practitioners in a dilemma in emergency situations. We recommend legal enforcement of protective children's rights laws.