Case Study Report: Review of constitutional provisions on the right to health in Uganda

This case study is produced by the Centre for Human Rights and Development (CEHURD) in the theme work on health rights and law of the Regional Network for Equity in Health in East and Southern Africa (EQUINET). It examines how the right to health is enforced in Uganda, how it was implemented, and how health rights advocates have suggested the provision be constitutionally interpreted. It is a follow up on the results of work on the right to health that highlighted a need to do further studies in countries that do not have expressed provision on the rights to health.

The right to health is one of the fundamental rights for all human beings and several international and regional legislative instruments have been put in place to ensure the realization of this right globally and regionally. Following this guidance, the national level constitution mandates the state to promote, respect and fulfil this right by making provisions to observe health. Considering its supremacy, writing the text in the constitution is just as important as translating it into action. On its own, the constitution is not a practical guide for daily operations because it is full of general and abstract principles. Constitutional implementation is a process designed to ensure the full, effective and continuous application of a constitution by promoting, enforcing and safeguarding it. Failure to implement the provisions therein leaves its goal unattained, and if implementation is left to State leaders or officials, the objectives will not be met.