APC aspirant’s wife gives out 2,000 pads, sensitises girls in Osun

The recent community outreach in Osun State, providing menstrual pads and hygiene education, underscores the critical intersection of public health, human rights, and girl-child welfare in Nigeria. This initiative, while philanthropic, highlights the state's legal obligations under both domestic and international frameworks to ensure menstrual health and hygiene (MHH) for all women and girls. Nigeria's recently validated National Policy on Menstrual Health and Hygiene Management (2025-2030), alongside constitutional provisions, the Child Rights Act, and ratified international instruments like the African Charter on Human and Peoples' Rights and the Maputo Protocol, establishes a robust, albeit sometimes fragmented, legal basis for addressing period poverty and its detrimental impact on education, dignity, and overall well-being. This article examines these legal underpinnings and their implications for practitioners advocating for comprehensive MHH interventions.

A recent community outreach in Apomu Kingdom, Osun State, saw Dr. Sekinat Bola-Oyebamiji, wife of an APC governorship aspirant and President of the Medical Women Association, Osun State Chapter, distribute 2,000 menstrual pads and provide health education to teenage girls. This philanthropic gesture, while commendable, brings into sharp focus the broader legal and policy landscape surrounding menstrual health and hygiene (MHH) in Nigeria. The provision of essential menstrual products and education is not merely a matter of charity but a fundamental aspect of human rights, public health, and gender equality, with significant implications for the girl-child's right to education and dignity.

This article delves into the existing legal and regulatory framework in Nigeria that supports or ought to support such initiatives. It examines how national laws and international conventions ratified by Nigeria impose obligations on the state to ensure adequate menstrual health management for its citizens, particularly vulnerable adolescent girls. By analyzing relevant constitutional provisions, statutory instruments, and policy documents, this piece aims to provide legal professionals with a comprehensive understanding of the legal imperative behind promoting menstrual hygiene and its role in fostering an equitable society.

The legal foundation for menstrual health and hygiene in Nigeria is multifaceted, drawing from constitutional provisions, specific legislation, and international human rights instruments. While the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not explicitly enshrine a justiciable right to health in Chapter IV (Fundamental Rights), it places an obligation on the State under Chapter II (Fundamental Objectives and Directive Principles of State Policy), Section 17(3)(d), to ensure adequate medical and health facilities for all persons. However, this provision is generally non-justiciable, meaning it cannot be directly enforced in courts. Nevertheless, Nigerian courts have, on occasion, interpreted the right to life under Section 33 of the Constitution to encompass health-related protections.

Crucially, Nigeria has domesticated the African Charter on Human and Peoples' Rights through the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria 2004. Article 16 of this Charter explicitly guarantees "the right to enjoy the best attainable state of physical and mental health," making this right legally binding and enforceable in Nigeria. Furthermore, the Child Rights Act 2003, which domesticates the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, mandates that every child has the right to free, compulsory, and universal basic education (Section 15(1)) and the right to dignity (Section 11). The Universal Basic Education (UBE) Act further reinforces the right to basic education. These instruments collectively establish a framework that implicitly supports the provision of menstrual hygiene resources as essential for upholding the dignity, health, and educational rights of the girl-child.

The nexus between menstrual hygiene and fundamental rights is increasingly recognized in Nigerian law and policy. The lack of access to affordable menstrual products, adequate sanitation facilities, and accurate information, often termed 'period poverty,' directly impedes a girl's right to education and dignity. Studies indicate that a significant percentage of adolescent girls in Nigeria miss school due to menstruation, leading to adverse educational and economic outcomes. This absenteeism directly contravenes the right to education guaranteed by the Child Rights Act and the Universal Basic Education Act.

In a significant step, Nigeria officially validated its first-ever National Policy on Menstrual Health and Hygiene Management (MHHM) in August 2025, with an ambitious goal to ensure that by 2030, no one who menstruates in Nigeria should have to choose between managing their period and going to school, working, or living with dignity. This policy recognizes menstrual health as a human right and commits the government to providing a framework for equitable access to products, services, WASH facilities, and information. It also highlights priority actions, including ensuring dedicated budgetary allocations for MHHM activities at all levels of government, enacting MHHM legislation, and integrating MHHM education into the school curriculum.

Moreover, the policy acknowledges the need for gender-responsive Water, Sanitation, and Hygiene (WASH) facilities in schools and public spaces, a critical component often lacking, which further exacerbates period poverty. The Federal Government has also approved tax waivers on sanitary towels under the new Tax Reform Act to reduce costs and improve access, particularly for vulnerable populations. While Nigeria ratified the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) in 2004, which champions women's dignity and protection from discrimination, its direct incorporation into domestic law has been a challenge. Nevertheless, the principles of non-discrimination and the right to dignity enshrined in the Maputo Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by Nigeria in 1985, provide strong international legal backing for MHH initiatives.

Osun State, where the outreach took place, has demonstrated a commitment to girl-child education and welfare, having passed the Osun State Girl Child Marriage (Prohibition) Law, 2004, and the Child Rights Law, 2007. The state government also actively promotes girl-child education and water sanitation, aligning with the broader national and international frameworks. The challenge, however, lies in the consistent and effective implementation of these policies and laws across all levels of government and society, ensuring that the rights articulated on paper translate into tangible improvements in the lives of girls.

The community outreach in Osun State, providing menstrual pads and education, serves as a practical demonstration of the principles enshrined in Nigeria's evolving legal and policy framework for menstrual health and girl-child welfare. For legal practitioners, this landscape presents significant opportunities for advocacy, policy development, and, where necessary, litigation to enforce the rights of women and girls. The National Policy on Menstrual Health and Hygiene Management (2025-2030) is a landmark document, providing a clear governmental commitment to addressing period poverty and its associated challenges.

Practitioners should closely monitor the implementation of this policy, particularly regarding budgetary allocations, legislative enactments at state levels, and the integration of MHHM education into school curricula. There is a continuing need to bridge the gap between policy pronouncements and on-the-ground realities, especially concerning access to affordable products and adequate WASH facilities. Lawyers can play a crucial role in advising non-governmental organizations, private sector entities engaged in corporate social responsibility, and government agencies on compliance with these frameworks, advocating for the justiciability of socio-economic rights, and ensuring that the dignity, health, and educational prospects of every Nigerian girl are protected and promoted.