This chapter makes a case for a renewed legal mandate to protect and respect Africans’ human right to health under domestic and regional legal frameworks. Obviously, the current African regional legal regime (including the African Charter on Human and People’s Rights) explicitly provides for the right to health. But these provisions are weakened by a number of factors. First, although regional instruments make the right to health mandatory, most African states parties thereto have failed to reflect the legal obligations therein in their domestic legal systems, to the detriment of their citizens. Second, the African Charter’s monitoring or enforcement mechanism against the abuse of the right is comatose. Third, despite the negative impact that corporate activities have on citizens’ access to health, African states have persistently failed to enact legal regulations to bind erring corporations. Therefore, this chapter makes a case for reforms to rejig the mechanism for enforcing both domestic and regional legal frameworks, sanctioning defaulting states and rewarding compliant ones, and regulating the relationship between business and human rights (with particular reference to health). All these measures would greatly revitalise the corpus of the legal regime on health and improve citizens’ right to health in real terms.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Overcoming the Weakness of the Right to Health in African States: Making a Case for a Renewed Legal Mechanism

  • Simeon A. Igbinedion

摘要

This chapter makes a case for a renewed legal mandate to protect and respect Africans’ human right to health under domestic and regional legal frameworks. Obviously, the current African regional legal regime (including the African Charter on Human and People’s Rights) explicitly provides for the right to health. But these provisions are weakened by a number of factors. First, although regional instruments make the right to health mandatory, most African states parties thereto have failed to reflect the legal obligations therein in their domestic legal systems, to the detriment of their citizens. Second, the African Charter’s monitoring or enforcement mechanism against the abuse of the right is comatose. Third, despite the negative impact that corporate activities have on citizens’ access to health, African states have persistently failed to enact legal regulations to bind erring corporations. Therefore, this chapter makes a case for reforms to rejig the mechanism for enforcing both domestic and regional legal frameworks, sanctioning defaulting states and rewarding compliant ones, and regulating the relationship between business and human rights (with particular reference to health). All these measures would greatly revitalise the corpus of the legal regime on health and improve citizens’ right to health in real terms.