A LEGAL EVALUATION OF THE PROTECTION OF RIGHTS OF PREGNANT WOMEN AND CHILDREN AIR PASSENGERS IN THE NIGERIAN AIRSPACE

Abstract

The health, safety, and comfort of a pregnant air passenger is often considered before other considerations that may necessitate her being on board an aircraft. Arguably, it is generally safe to fly up to 36 weeks of pregnancy. The challenges pregnant women and children encounter while flying include stress arising from queuing up for checking- in and boarding, uncomfortable seating, sleep struggles due to unfamiliar environment, pain from ear pressure during takeoff and landing. This paper evaluated the protection of rights of pregnant women and children air passengers in the Nigerian airspace. The paper employed the doctrinal research methodology wherein primary and secondary sources of law such as the Constitution of the Federal republic of Nigeria, 1999 (as amended), Civil Aviation Act 2022, Nigeria Civil Aviation Regulations 2023, international instruments, journal articles, internet sources, and periodicals were collected and reviewed. The paper found, inter alia, that save for international instruments on the general rights of women and implied rights of expectant mothers, there appears to be no concrete provision for pregnant women and especially the fetus in the principal legislation on aviation in Nigeria. The paper recommended that the National Assembly should amend the CAA 2022 to include specific provisions that expressly protect the rights of pregnant women children and unborn child while onboard an aircraft. These rights to care and comfort should be robustly enshrined therein. Air carriers, too, should incorporate special seats clearly marked for expectant mothers and children in their cabin, so these vulnerable passengers feel comfortable and cared for during the course of their short domestic flight