An analysis of the contribution of the African human rights system to the understanding of the right to health
Abstract
The right to health is one of the important rights guaranteed
in international and regional human rights instruments. Over the years
the content and nature of this right have evolved through the works
of scholars and clarifications provided by human rights treaty bodies.
Focusing on the work of the African Commission on Human and Peoples’
Rights, this article assesses the contributions of the African human rights
system towards the advancement of the right to health. It outlines
some of the major achievements in terms of normative framework as
exemplified by the provisions of the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women in Africa, the African
Youth Charter and the Protocol to the African Charter on the Rights of
Older Persons. In addition, it highlights the clarifications provided by the
African Commission charged with interpreting the African Charter on
Human and Peoples’ Rights and the African Women’s Protocol. These
include the adoption of resolutions, General Comments, guidelines and
important decisions which provide a nuanced understanding of the
right to health in the African context. The article identifies challenges
militating against the full enjoyment of the right to health, including
sexual and reproductive health in the region, such as the slow ratification
of important human rights instruments, the lack of political will for law
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