A file picture of the Lagos State Excessive Court docket in Ikeja.
A Lagos Excessive Court docket sitting within the Ikeja space has ordered authorities hospitals within the State to cease demanding obligatory blood donations from ladies searching for antenatal and maternity providers.
Justice Raliat Adebiyi gave the order in a judgment delivered on Monday and restrained the state authorities hospitals from demanding blood donations from spouses and different relations of pregnant ladies searching for antenatal and maternity providers.
A non-governmental organisation, Socio-Financial Rights and Accountability Mission (SERAP) had filed a elementary rights swimsuit to compel the respondents to cease the act.
SERAP, on its grounds for searching for reliefs, mentioned it had acquired complaints from residents of Lagos concerning the obligatory blood donation coverage of presidency hospitals.
The respondents to the swimsuit are the Legal professional-Normal of Lagos State, Lagos State Ministry of Well being, and the Commissioner for Well being, Lagos State.
In her judgment, Justice Adebiyi mentioned, “The respondents’ contributions to baby and maternal deaths stands to cause, though no knowledge on the kid and maternal mortalities recorded on account of the coverage was supplied to the courtroom.
“A coverage that may deny residents the correct to medical care primarily based on failure to donate blood will not be solely unconstitutional however unconscionable and hostile to the life and wellbeing of all residents that entry the respondents’ services.”
Justice Adebiyi declared that the motion of the respondents in demanding obligatory blood donation from these searching for maternity providers was “arbitrary, unfair and a violation of their human rights as enshrined in Section 38(1) of the 1999 Constitution.”
She held that the actions of the hospitals and services had been violations of and a denial of the rights of the residents of Lagos to a system of well being safety.
In response to the decide, the well being system is anticipated to offer equality of alternative as assured below Articles 2 (a), three and 12 (1) of the Worldwide Conference on Financial Social and Cultural Rights.
She additionally declared that the actions of the Lagos authorities hospitals and well being services had been a denial of the correct to life as assured below Part 33 of the 1999 Structure.
“The respondents are hereby ordered to forthwith immediately stop and discontinue the policy of insisting on compulsory blood donations from patients or relatives of those seeking medical care and attention before accessing antenatal, maternal or any health services in the facilities of the respondents,” Justice Adebiyi dominated.