A right to life stems from the inherent benevolence of nature to humankind, and health is fused with that life. Human life is in general valued by humans. Hence, human rights, life, and health are trinitarian value chains that illuminate the basic nature of humankind. Despite the social contract of African nations, the constitution has either bifurcated or trifurcated this unified essence of humankind. Oftentimes, African constitutions have relegated health among nonjusticiable rights due to the material scarcity that hampers their guaranteeing it. Its interpretive effect is that health is seen as an unenforceable right and not a human right. However, the African traditional belief of Ubuntu and its sociological kinesis hold that health and life are inseparably fused, with a very strong assumption that both be recognised as human rights and enforceable by governments and corporate entities in their responsibilities. This chapter intends to conceptualise health as life in the realm of Ubuntu, an African traditional belief that holds that because life is guaranteed as a human right, health is also a human right given their fusion. The justification of Ubuntu hinges on African sociophilosophical nuances as verifiable architecture to recapture health among the list of human rights within African jurisdictions and jurisprudence, which must be borne out in the policies of governments and in corporate social responsibility.

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African Concept of Health as a Human Right: A Justification

  • Levi Pius Bolarinwa

摘要

A right to life stems from the inherent benevolence of nature to humankind, and health is fused with that life. Human life is in general valued by humans. Hence, human rights, life, and health are trinitarian value chains that illuminate the basic nature of humankind. Despite the social contract of African nations, the constitution has either bifurcated or trifurcated this unified essence of humankind. Oftentimes, African constitutions have relegated health among nonjusticiable rights due to the material scarcity that hampers their guaranteeing it. Its interpretive effect is that health is seen as an unenforceable right and not a human right. However, the African traditional belief of Ubuntu and its sociological kinesis hold that health and life are inseparably fused, with a very strong assumption that both be recognised as human rights and enforceable by governments and corporate entities in their responsibilities. This chapter intends to conceptualise health as life in the realm of Ubuntu, an African traditional belief that holds that because life is guaranteed as a human right, health is also a human right given their fusion. The justification of Ubuntu hinges on African sociophilosophical nuances as verifiable architecture to recapture health among the list of human rights within African jurisdictions and jurisprudence, which must be borne out in the policies of governments and in corporate social responsibility.