The Justiciability and Enforcement of the Right to Health under the African Human Rights System

Abstract

The right to health is a fundamental human right which is recognized in
international and regional human rights systems. The African Human
Rights System is also duly recognized the right to health. Although
recognizing the right in the human rights instrument is important, the
meaningful protection of the right needs appropriate and consistent
interpretation and adequate implementation mechanisms. Thus, this article
tries to scrutinize the Justiciability and Enforcement of the right to health
in the African Human Rights System. Based on analysis of relevant African
Human Rights Instruments, literatures and cases of African Commission, it
argued that the Justiciability of the right to health in African Human Rights
System is upheld. Regarding its enforcement, the article argued that there
are relevant institutional frameworks in African Human Rights System and
African Political Architecture. Hence, the enforcement of the right to
health falls squarely in most of these institutions’ mandate.

Keywords: Africa, African Commission, Banjul Charter, enforcement,
justiciability, Ogoni Case, Right to Health