Document Type : Review

Author

Chairman, Sickle-Free-Births Advocacy Initiative, Nigeria

10.30489/cifj.2024.415094.1106

Abstract

Despite the high incidence of sickle cell disease in newborns, particularly in Africa, limited literature has considered, in particular, the existence of the ‘rights of the sickle cell child.’ Given this gap, this article brings to the catbird seat the existence of the rights of the sickle cell child in international law and its rights to a wrongful life claim under certain Nigerian legislations. The argument in support of this claim is laid on various international human rights treaties; Section 17(1) of Nigeria’s Child’s Rights Act, 2003, which confers on an unborn child the right to protection from harm before, during, and after birth; and the Sickle Cell Disease (Control and Eradication) Law, 2019 of Anambra State, Nigeria, which prohibits marriage that can birth a sickle cell child. The breach of the above-stated laws can invoke such a child’s right to damages in a wrongful life claim.

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