Lessons on the Right to Health Litigation and MDGS for Implementing Health Related SDGS in South Africa

Abstract

In 2015, the Sustainable Development Goals (SDGs) replaced the Millennium Development Goals (MDGs), but due to its newness at the global stage, how the implementation of the former can be shaped by courts remains unclear. The authors conducted an extensive and systematic review of existing literature on MDGs, SDGs and health litigation cases decided by the Constitutional Court in South Africa. The rationale for this approach is to examine whether the SDGs connect with the right to health and how the court can shape the policy environment for the implementation of SDGs. It was found that the SDGs connect with the right to health and that the Constitutional Court has influenced the MDGs policy environment, hence, can contribute to the implementation of health related SDGs in South Africa. It is concluded that Courts’ role as a platform of accountability, a catalyst of change in the policy environment and agent of social mobilization are important lessons for implementing health related SDGs in South Africa. It is recommended that government and indeed other stakeholders should take into consideration the role of court as they pursue the implementation of health related SDGs in South Africa.

Keywords: Health related SDGs, Litigation, Right to Health, Social Mobilisation