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Litigating the Right to Health in Africa: Challenges and Prospects

Litigating the Right to Health in Africa: Challenges and Prospects

Author: Ebenezer Durojaye
Publisher: Routledge
ISBN: 9781472468673
Published In: October 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right.

With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right.

The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.

This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

Preface

Part I

Normative Framework on the Right to Health: Relevance of health rights litigation in Africa: an introduction

The normative framework on the right to health under international human rights law

Human rights based approach to realising access to sexual and reproductive health rights in Sub-Saharan Africa, Gladys Mirugi-Mukundi

Part II

Country Case Studies: The domestic legal enforcement of the right to health in Malawi: appraising the litigation potential, Enoch MacDonnell Chilemba

Litigating the right to healthcare in South Africa, Emma Broster

Litigating the right to health in Uganda: the necessity for innovation and activism, Salima Namusobya

Litigating health rights issues: the Nigerian experience, Josephine Odikpo and Ebenezer Durojaye

The right to health in Mauritius: is the state doing enough or is the constitutional protection of the right to health still required?, Amar Roopanand Mahadew

Litigating the right to health in Kenya: an analysis of selected cases, Jacinta Nyachae and Paul Ogendi

Challenges in litigating the right to health in Mozambique: a critical analysis, Satang Nabaneh

Part III

Comparative Regional Study: Keeping promises: litigation as a strategy to concretise the right to health in Africa, Judy Oder

The protection of the right to health through individual petitions before the inter-American system of human rights, Oscar Parra Vera

Index.