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 Periodical article |
 Leiden University catalogue |
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| Title: | Interpreting the Right to Health under the African Charter |
| Author: | Kiapi, Sandra |
| Year: | 2005 |
| Periodical: | East African Journal of Peace and Human Rights |
| Volume: | 11 |
| Issue: | 1 |
| Pages: | 1-20 |
| Language: | English |
| Geographic terms: | Africa South Africa Uganda |
| Subjects: | social and economic rights African Charter on Human and Peoples' Rights health care Law, Human Rights and Violence Health and Nutrition Inter-African Relations |
| Abstract: | The African Charter on Human and Peoples' Rights provides a basis for States in Africa to recognize obligations to protect, fulfill and respect all social, economic and cultural rights. However, the reality of scarce resources makes it impossible to assure the full realization of the right to health and health care as envisaged in article 16 of the Charter. The author examines the legal interpretation of the right to health provision in the African Charter. She looks at the international standards pertaining to the right to health care; the standards set by the African Charter in light of the international standards; and discusses the application and interpretation of the right to health in domestic jurisdictions in Africa, particularly South Africa and Uganda. The author concludes that the monitoring and promotion of the right to health by States must go further than domestication of international standards. The courts should be able to monitor the so-called political matters of resource allocation. African States have tended to abuse this limitation of progressive realization by justifying the failure to fulfill economic rights on the basis of resource constraints. Notes, ref. [ASC Leiden abstract] |