Matrimonial unity and medical confidentiality : examining spousal notification of infectious diseases in the context of Nigerian marriage laws

Abstract

This paper examines the application of medical confidentiality, and by the same token the right to privacy, in the context of husband and wife relations. The analysis is undertaken in the framework of Nigerian laws relating to marriage, vis-a-vis the concept of legal unity. Where necessary, references are made to relevant legal principles drawn from other jurisdictions. Among the fundamental issues addressed is whether the need to protect a spouse from being infected with a sexually transmitted communicable disease is a justification for a doctor to breach medical confidence.