Thursday, November 5, 2015

New Books Noted: International Health Law -- "Litigating the Right to Health in Africa"

Ashgate has published a new book called "Litigating the Right to Health in Africa: Challenges and Prospects," edited by Ebenezer Durojave of the University of the Western Cape, South Africa. Here's a description of the book from the publisher:

Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right.

With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.

After two introductory chapters the book has individual cases studies from Malawi, South Africa, Uganda, Nigeria, Mauritius, Kenya, and Mozambique. It finishes with two chapters on comparative health law, "Litigation as a Strategy to Concretise the Right to Health in Africa" and "The Protection of the Right to Health through Individual Petitions before the Inter-American System of Human Rights."


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