CHAPTER 2: - Right to Life: - Article 4 1. Constitutional and Judicial Measures Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 guarantees the right to life. Although the Constitution permits courts of competent jurisdiction to impose the death sentence, it must be emphasized that such executions can only be lawful where there is no appeal pending against the death sentence so imposed. Thus the Supreme Court of Nigeria in BELLO v. ATTORNEY GENERAL OF OYO STATE (1986) 12 S.C.1 awarded damages against the Government of Oyo State for executing a condemned criminal whose appeal was pending at the Court of Appeal. Appeals in such circumstances operate as a stay of execution of the death sentence. However, Section 221 (1) of the Child Rights Act 2003 provides as follows: - "No child shall be ordered to be subject to "the death penalty- or have the death penalty recorded against him or her". In a related case law, Esabunor v. Faweya (2008) 12 NWLR (Pt.1102)P.794, the court held on the nature and limits of the right of patient to object to medical treatment, that it is the duty of both the court and the medical doctor to ensure that such medical treatment enhances that such medical treatment enhances the quality of life of a patient. Further held in the case of Kaza v. State (2008) 7 NWLR (Pt. 1085) p.125 that the nature of the right of life, sanctity and dignity of human life under the Sharia (Islamic law) is sacrosanct and can only be taken away in accordance with due process of law. Furthermore, in the case of Jonah Gbemre v. Shell SPDC, NNPC and AGF (2005) AHRLR151 (Nig. FHC 2005), (S. no.FHC/B/CS/53/05 Federal High Court Benin Judicial Division. 14, November 2005 and (2005) AHRLR 151 (Nig. HC 2005), the plaintiff Mr. Gbemre. Of Iweherekan Community Delta State, Nigeria sued Shell Nigeria, NNPC and the A.G. of the Federation on the following claims: A declaration that the constitutionally guaranteed fundamental rights to life and dignity of human person provided in sections 33(i) and 34(i) of the Constitution of Federal Republic of Nigeria 1999… inevitably includes the right to clean, poison free, pollution free and healthy environment. The court declared that the actions of the 1 st and 2nd respondents in continuing to flare gas in the course of their oil exploration and production activities in the applicant community was a violation of their fundamental right to life (including healthy environment) and dignity of human person guaranteed by the constitution and the African charter. The court further declared that the 1 st and 2nd respondents, i.e. Shell and NNPC were to be restrained from further flaring of gas in the applicants’ community and were to take immediate steps to stop the further flaring of gas in the plaintiffs’ community. 2. I. Policy and Administrative Measures to Promote and Protect the Survival Rights of Women and Children. Policy Measures The National Child Policy 2007, the National Gender Policy 2007, the National Plan of Action on Orphans and Vulnerable Children 2006, the National Reproductive Health Policy and Strategy 2001, the National Policy on HIV-AIDS 2003, the National Policy Health Policy and Strategy, 1998 and 2004, the National Policy on the Elimination of Female Genital Mutilation, 1998 and 2002, the National Adolescent Health Policy 1995, the National Policy on Maternal and Child Health, 1994, and the National Policy on Population for Development, Unity, Progress and Self-Reliance, 1998 and 48