Litigating the Right to Health in Africa

Litigating the Right to Health in Africa PDF Author: Ebenezer Durojaye
Publisher: Routledge
ISBN: 1317104250
Category : Medical
Languages : en
Pages : 289

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Book Description
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.

Litigating the Right to Health in Africa

Litigating the Right to Health in Africa PDF Author: Ebenezer Durojaye
Publisher: Routledge
ISBN: 1317104250
Category : Medical
Languages : en
Pages : 289

Get Book

Book Description
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.

Litigating the Right to Health in Africa

Litigating the Right to Health in Africa PDF Author: Ebenezer Durojaye
Publisher:
ISBN: 9781472468680
Category : Law
Languages : en
Pages : 240

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Book Description
With contributions from activists and scholars across Africa, this study focusses on understanding the legal framework in Africa for the recognition of the right to health, the challenges people encounter in such litigation and prospects for litigating future health rights cases. Diverse case studies also demonstrate that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.

Litigating Health Rights

Litigating Health Rights PDF Author: Alicia Ely Yamin
Publisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages :

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Book Description
This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Can rights cure? The impact of human rights litigation on South Africa's health system

Can rights cure? The impact of human rights litigation on South Africa's health system PDF Author: Marius Pieterse
Publisher: PULP
ISBN: 1920538275
Category : Civil rights
Languages : en
Pages : 198

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Book Description
Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.

International Law and Domestic Human Rights Litigation in Africa

International Law and Domestic Human Rights Litigation in Africa PDF Author: Magnus Killander
Publisher: PULP
ISBN: 0986985724
Category : Human rights
Languages : en
Pages : 261

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Book Description
"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

Advancing Sexual and Reproductive Health and Rights in Africa

Advancing Sexual and Reproductive Health and Rights in Africa PDF Author: Ebenezer Durojaye
Publisher: Routledge
ISBN: 1000401340
Category : Political Science
Languages : en
Pages : 189

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Book Description
This book explores recent developments, constraints and opportunities relating to the advancement of sexual and reproductive health and rights in Africa. Despite many positive developments in relation to sexual and reproductive health in recent years, many Africans still encounter challenges, for instance in poor maternity services, living with HIV, and discrimination on the basis of age, gender, sexual orientation or identity. Covering topics such as abortion, gender identity, adolescent sexuality and homosexuality, the chapters in this book discuss the impact of culture, morality and social beliefs on the enjoyment of sexual and reproductive health and rights across the continent, particularly in relation to vulnerable and marginalized groups. The book also explores the role of litigation, national human rights institutions and regional human rights bodies in advancing the realization of sexual and reproductive health and rights in the region. Throughout, the contributions highlight the relevance of a rights-based framework in addressing topical and contentious issues on sexual and reproductive health and rights within Sub-Saharan Africa. This book will be of interest to researchers of sexuality, civil rights and health in Africa. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003175049, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The Right to Health at the Public/Private Divide

The Right to Health at the Public/Private Divide PDF Author: Colleen M. Flood
Publisher: Cambridge University Press
ISBN: 1107038308
Category : Law
Languages : en
Pages : 511

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Book Description
A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.

Public Interest Litigation in South Africa

Public Interest Litigation in South Africa PDF Author: Jason Brickhill
Publisher:
ISBN: 9781485128168
Category : Law
Languages : en
Pages : 436

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Book Description
Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.

Public Health Law in South Africa

Public Health Law in South Africa PDF Author: Sundrasagaran Nadasen
Publisher: Butterworths
ISBN:
Category : Law
Languages : en
Pages : 184

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Book Description


The Human Right to Health (Norton Global Ethics Series)

The Human Right to Health (Norton Global Ethics Series) PDF Author: Jonathan Wolff
Publisher: W. W. Norton & Company
ISBN: 0393083292
Category : Political Science
Languages : en
Pages : 208

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Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.