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Litigating The Right To Health In Africa
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Book Synopsis Litigating the Right to Health in Africa by : Ebenezer Durojaye
Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by . This book was released on 2015-10-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from activists and scholars across Africa, this study focusses on understanding the legal framework in Africa for the recognition of the right to health, the challenges people encounter in such litigation and prospects for litigating future health rights cases. Diverse case studies also demonstrate that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.
Book Synopsis Litigating the Right to Health in Africa by : Ebenezer Durojaye
Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by Routledge. This book was released on 2016-03-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Litigating Health Rights by : Alicia Ely Yamin
Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2011-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
Book Synopsis Can rights cure? The impact of human rights litigation on South Africa's health system by : Marius Pieterse
Download or read book Can rights cure? The impact of human rights litigation on South Africa's health system written by Marius Pieterse and published by PULP. This book was released on 2014-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.
Book Synopsis International Law and Domestic Human Rights Litigation in Africa by : Magnus Killander
Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.
Book Synopsis Advancing Sexual and Reproductive Health and Rights in Africa by : Ebenezer Durojaye
Download or read book Advancing Sexual and Reproductive Health and Rights in Africa written by Ebenezer Durojaye and published by Routledge. This book was released on 2021-07-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores recent developments, constraints and opportunities relating to the advancement of sexual and reproductive health and rights in Africa. Despite many positive developments in relation to sexual and reproductive health in recent years, many Africans still encounter challenges, for instance in poor maternity services, living with HIV, and discrimination on the basis of age, gender, sexual orientation or identity. Covering topics such as abortion, gender identity, adolescent sexuality and homosexuality, the chapters in this book discuss the impact of culture, morality and social beliefs on the enjoyment of sexual and reproductive health and rights across the continent, particularly in relation to vulnerable and marginalized groups. The book also explores the role of litigation, national human rights institutions and regional human rights bodies in advancing the realization of sexual and reproductive health and rights in the region. Throughout, the contributions highlight the relevance of a rights-based framework in addressing topical and contentious issues on sexual and reproductive health and rights within Sub-Saharan Africa. This book will be of interest to researchers of sexuality, civil rights and health in Africa. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003175049, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis The Right to Health at the Public/Private Divide by : Colleen M. Flood
Download or read book The Right to Health at the Public/Private Divide written by Colleen M. Flood and published by Cambridge University Press. This book was released on 2014-04-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.
Book Synopsis Public Health Law in South Africa by : Sundrasagaran Nadasen
Download or read book Public Health Law in South Africa written by Sundrasagaran Nadasen and published by Butterworths. This book was released on 2000 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rights-based Litigation, Urban Governance and Social Justice in South Africa by : Marius Pieterse
Download or read book Rights-based Litigation, Urban Governance and Social Justice in South Africa written by Marius Pieterse and published by Routledge. This book was released on 2017-09-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
Book Synopsis Public Interest Litigation in South Africa by : Jason Brickhill
Download or read book Public Interest Litigation in South Africa written by Jason Brickhill and published by . This book was released on 2018-08-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.
Book Synopsis Litigating the Right to Health by : Andrew Rosser
Download or read book Litigating the Right to Health written by Andrew Rosser and published by Policy Studies. This book was released on 2017-09-08 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent increases in health rights litigation in low- and middle-income countries triggered debates regarding the effects of such litigation on the equity and effectiveness of health systems. This study examines Indonesia's experience with health rights litigation and efforts promoting health rights in developing countries in general.
Book Synopsis The Human Right to Health (Norton Global Ethics Series) by : Jonathan Wolff
Download or read book The Human Right to Health (Norton Global Ethics Series) written by Jonathan Wolff and published by W. W. Norton & Company. This book was released on 2012-02-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Book Synopsis Socio-Economic Rights in South Africa by : Malcolm Langford
Download or read book Socio-Economic Rights in South Africa written by Malcolm Langford and published by Cambridge University Press. This book was released on 2014 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.
Book Synopsis Healthcare as a Human Rights Issue by : Sabine Klotz
Download or read book Healthcare as a Human Rights Issue written by Sabine Klotz and published by transcript Verlag. This book was released on 2017-11-30 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with various facets of the human right to health: its normative profile as a universal right, current political and legal conflicts and contextualized implementation in different healthcare systems. The authors come from different countries and disciplines - law, political science, ethics, medicine etc. - and bring together a broad variety of academic and practical perspectives. The volume contains selected contributions of the international conference "The Right to Health - an Empty Promise?" held in September 2015 in Berlin and organized by the Emerging Field Initiative Project "Human Rights in Healthcare" (University of Erlangen-Nürnberg).
Book Synopsis Global Health and Human Rights by : John Harrington
Download or read book Global Health and Human Rights written by John Harrington and published by . This book was released on 2010 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction / John Harrington and Maria Stuttaford -- The place of the human right to health and contemporary approaches to global justice : some impertinent interrogations / Upendra Baxi -- Developing and applying the right to the highest attainable standard of health : the role of the UN special rapporteur (2002-2008) / Paul Hunt and Sheldon Leader -- What future for the minimum core? contextualizing the implications of South African socio-economic rights jurisprudence for the international human right to health / Lisa Forman -- The ancillary-care responsibilities of researchers : reasonable but not great expectations / Roger Brownsword -- Human rights and health sector corruption / Brigit Toebes -- The child's right to health and the courts / Aoife Nolan -- The World Health Organization, the evolution of human rights and the failure to achieve health for all / Benjamin Mason Meier -- The human right to health in an age of market hegemony / Paul O'Connell
Book Synopsis Litigating Human Rights in African Institutions by : Clement J. Mashamba
Download or read book Litigating Human Rights in African Institutions written by Clement J. Mashamba and published by . This book was released on 2017 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions by : Oyeniyi Abe
Download or read book Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions written by Oyeniyi Abe and published by Routledge. This book was released on 2022-05-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.
