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.
Table of Contents
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.
’For the continent where the right to health matters most, least is known about the use and potential use of litigation. Scholars invariably refer to the South African Soobramoney and Treatment Action Campaign cases, while only insiders are aware of litigation in other African countries. Ebenezer Durojaye sets out to change this, and achieves his goal.’ Gorik Ooms, Institute of Tropical Medicine, Belgium ’This book makes an important contribution to ongoing discussions at both the regional and global level about what role courts can play in bringing greater justice and accountability to health systems. The diverse examples demonstrate how far thinking and advocacy on the right to health have evolved within the African context in the last fifteen years, and how they continue to do so. The thoughtful analyses of how to approach continuing obstacles bear further reflection not just from the legal community, but from multiple communities engaged in health reforms designed to move toward universal health coverage.’ Alicia Ely Yamin, Harvard University, USA ’This book fills a gap in scholarship and is invaluable to readership from a multiplicity of sectors including scholars, students, human rights defenders, policymakers and lay people wishing to acquaint themselves with the place of litigation in giving vitality to the right to health in the African region.’ Charles Ngwena, University of Pretoria, South Africa