Litigating the Right to Health in Africa: Challenges and Prospects

ISBN-13: 9780367597825 / Angielski / Miękka / 2020 / 304 str.

Ebenezer Durojaye

Opis

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 wher

Recenzje

"Litigating the Right to Health in Africa provides an essential analysis of the right to health as is exists across the African region. Not only does the edited collection examine current trends in how socioeconomic rights are protected through national courts, but it also serves as a guidebook for future litigation efforts. Overall, Durojaye’s compilation will be of significant utility to those actors engaged in the work of advancing strategic health rights litigation in Africa and beyond."
Ciara O’Connell, University of Sussex, Health and Human Rights Journal

Spis treści

Preface; Introduction: the relevance of health rights litigation in Africa, Ebenezer Durojaye. Part I The Normative Framework on the Right to Health: The normative framework on the right to health under international human rights law, Olubayo Oluduro and Ebenezer Durojaye; A 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 health care in South Africa, Emma Justine 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 A. Oder; The protection of the right to health through individual petitions before the inter-American system of human rights, Oscar Parra-Vera. Index.

O autorze

Ebenezer Durojaye is involved in research and advocacy works on issues relating to socio-economic rights, including the rights to housing and health in Africa. His areas of interest include focusing on human rights issues raised by access to HIV/AIDS treatment, intersection between gender inequality and HIV/AIDS response in Africa, women’s health and adolescents sexual and reproductive rights in Africa. He is one of the Independent Experts of the African Commission on Human and Peoples’ Rights for the Committee on the Protection of the Rights of People Living with HIV (PLHIV) and those at Risk, Vulnerable to and Affected by HIV. He is co-editor of Strengthening Sexual and Reproductive Health as Human Rights in Africa Pretoria University Law Press (2014). From 2012-2014 he provided technical support to the UN Special Rapporteur on extreme poverty and human rights.