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.
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.
Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2015-04-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
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.
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.
Download or read book Global Health and Human Rights written by John Harrington and published by Routledge. This book was released on 2010-06-10 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.
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.
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.
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:
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.
Download or read book Health as a Human Right written by Octávio Luiz Motta Ferraz and published by Cambridge University Press. This book was released on 2020-12-17 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth critical analysis of the effects of the right to health in Brazil over the past thirty years.
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.
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.
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.
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:
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).
Download or read book Litigating the Rights of the Child written by Ton Liefaard and published by Springer. This book was released on 2014-09-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.
