Balancing Medical Doctor’s hippocratic oath and freedom of Association under the Nigerian Labour Law

Abstract

For centuries the basis of what morality should be in clinical practice has been the responsibility of protecting and promoting the interests of patients. Previous academic studies had dedicated significant attention on studies with respect to the medico-legal aspects of medical practice whereas, scanty literatures exist in issues relating with the strict adherence to the wordings the Hippocratic Oath particularly on the issue of strikes actions. The Code of Medical Ethics in Nigeria provides in its preamble and general guidelines a declaration by a prospective medical or dental practitioner to consecrate his life to the service of humanity and they are encouraged to abide by the dictates of the oath. The Act further provides in its Section 9 (d) that doctors are encouraged to obey the laws of the land but may participate individually or collectively in accordance with their rights as citizens to bring pressure to bear on the government or authorities to change or modify the laws or actions inequitable or inimical to the interest of the profession or the society. This article through desk review based research examines medical doctors' compliance with the Hippocratic Oath and their rights as Nigerian citizens to freedom of association by forming/joining trade union and participating in trade union activities, such as strike actions and others. This paper found that compliance with the sacred oath is not a reality in Nigeria as at today, in view of the challenges addressed. The Government is admonished to live up to its social responsibilities to reduce the occurrence of strike actions by doctors.