Constitutional provisions for the right to health in east and southern Africa

Constitutional provisions for the right to health in east and southern Africa

Filename POLBrief-27-constitution.pdf
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Version pdf
Date added January 17, 2012
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Category Policy Briefs

The extent to which health rights are neglected or promoted is a major factor in the
promotion of health equity in Africa. Central to this is the incorporation of the right to health
in the national Constitution, as the supreme law of the country. Including the right to health
as a constitutional right provides a bench mark for government, private sector and society to
respect, protect, fulfil and promote it. In many countries in east and southern Africa (ESA)
there is advocacy and debate on inclusion in the constitution of the right to health. This brief
presents a review of how the constitutions of 14 countries covered by EQUINET include the
right to health. It uses as a framework the six core obligations spelt out in General Comment
14 of the International Covenant on Economic and Social Rights (ICESR).