Balancing State Power and Human Rights: A Jurisprudential Analysis of Pandemic Containment Measures in Nigeria

Abstract

Pandemics pose significant public health challenges that necessitate government intervention. However, these containment measures, such as lockdowns, forced quarantines, and travel restrictions, often raise critical human rights concerns. This study examines the legal and jurisprudential justifications for government-imposed restrictions during pandemics, using Nigeria’s response to COVID-19 as a case study. The paper evaluates the tension between state power and individual autonomy within the framework of constitutional rights, international human rights law, and legal jurisprudence. It argues that while states have a duty to protect public health, pandemic-related containment measures must be carefully balanced against fundamental human rights. By analyzing key legal provisions, philosophical perspectives, and case law, this study provides recommendations for ensuring that future public health responses uphold both safety and human dignity.

Keywords: Public Health Law, COVID-19, Human Rights, Paternalism, Jurisprudence.