RIGHT TO FAMILY LIFE

[Olajire Deborah]

Right To Family Life

Part of the right to privacy of every citizen is the constitutional guaranty of a right to family life. Hence, no one can deprive you of the right to make or form a family of your own. No one can deprive you of the right to have babies so long as you are an adult and you are doing it the lawful way. No one can force you into an undesired marriage or wedlock without your consent. And no one can prevent you from marrying a man or woman of your choice and desire so long as you are of age to decide.

Under the right to private and family life, you are entitled to marry as many wives as you can maintain, and so long as you have not transgressed the law in so doing. Nobody has the right to prevent you from marrying any number of wives you desire, so long as you have the wherewithal to sustain them. Note, however, that a person who has consummated a statutory marriage is not allowed to marry more than one wife under the law. But, a person who marries under customary law and tradition is allowed to marry as many as he desires.

No one is entitled to deprive you of the right to have babies, e.g., through forced abortion or medically preventing you, without your knowledge and consent. No one can force you to live with him or her so long as you are of age to decide.

Note, however, that in some exceptions, the court or welfare authorities may forcefully take away the child of another if such is for the good of the child or the society at large. For instance, the child of a lunatic or a person of unsound mind or a person suffering from a contagious disease may be forcefully removed from him/her for the protection of the child. In the same vein, and in some situations, the child of a hardened or habitual criminal may be forcefully taken away from him by the court for the protection of the child.

I have mentioned that a person suffering from contagious or communicable disease may be secluded or removed from his family, his dwelling place or the community in order to prevent the spread of the diseases to others. A person of unsound mind may be removed from his family and kept in isolation if such is required for his treatment. A new-born baby may be removed from his mother if such is necessary for the protection and/or welfare of the baby. These are all exceptions in the constitutional provisions of the right to family life.

Note further that the court may order the dissolution of a marriage where it appears that there are irreconcilable differences between the couple. Custody of children under a marriage may be denied one of the couples if it is shown that their welfare, protection and well-being may not be maintained by such a party.

All the above are situations in which the fundamental right to family life may be breached.

[Author]

Posts