Realizing Health as a Human Right in Sub-Saharan Africa: Ethical and Legal Normative Analysis
摘要
The quest to realize the health of all is part of a broader struggle for the realization of human rights. The object of these struggles is to empower individuals to make informed decisions regarding their health, to create conditions for the enjoyment of the right, and to impose a duty to promote, protect, and fulfill this right on those capable of making rights realizable. The consistent clamor for the realization of the right to health has a special significance in how it urgently draws attention to the myriad aspects that contribute to the determination of health outcomes and the collective responsibility to realize the health of all human beings. Morally, it also highlights the striking inequalities and injustices that result in poor people of the world receiving lower-priority attention. The reflection on the collective responsibility to achieve health for all human beings must attend to the ethical and legal norms and the institutions through which health is safeguarded. This chapter examines the ethical normative frameworks of the right to health and comments on some of the core legal frameworks establishing health as a human right. This analysis is done within the context of the principles of the right to health as developed at the United Nations (UN) level and incorporated into several human rights instruments. This examination also includes the African human rights system and its human rights instruments, such as the African Charter, the African Children Charter, and the Maputo Protocol, as well as the interpretative guidance provided by the African Commission on Human and Peoples’ Rights, the Protocol to the African Charter on the Rights of Older Persons, the African Disability Protocol, and the recently adopted General Comment 7 of the African Commission. This chapter aims to provide a good foundation for the normative content on the right to health and the challenges with the realization of the right.