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.
"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
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.