EQUINET Discussion paper 81: Constitutional provisions for the right to health in east and southern Africa
Mulumba M, Kabanda D, Nassuna V
Cite as:Mulumba M, Kabanda D, Nassuna V (2010): Constitutional provisions for the right to health in east and southern Africa ;EQUINET Discussion Paper 81. Centre for Health, Human Rights and Development, Regional Network for Equity in Health in East and Southern Africa (EQUINET): Harare .
Available online at:
http://www.equinetafrica.org/bibl/docs/Diss81%20ESAconstitution.pdf
This report presents a desk review of the constitutional provisions on the right to health in 14 countries in east and southern Africa (ESA) covered by EQUINET: Angola,
Botswana, Kenya , Lesotho , Madagascar , Malawi , Mozambique , Namibia , South Africa , Swaziland , Tanzania , Uganda , Zimbabwe and Zambia , one other country Congo
Brazzaville. It does not cover two countries in the region covered by EQUINET, DRC and Mauritius , due to difficulties with accessing information. The review was carried out within the Regional Network for Equity in Health in East and Southern Africa (EQUINET) by the Centre for Health, Human Right and Development, and co-ordinated by Training and Research Support Centre. The paper used the six core obligations as spelt out in General Comment 14 to assess the inclusion of the right to health in the constitutional provisions of the ESA countries:
• to ensure the right of access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalised groups;
• to ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;
• to ensure access to basic shelter, housing and sanitation, and an adequate supply of safe and potable water;
• to provide essential drugs, as from time to time defined under the WHO Action Programme on Essential Drugs;
• to ensure equitable distribution of all health facilities, goods and services; and
• to adopt and implement a national public health strategy and plan of action
April 2010
www.equinetafrica.org,
mailto:admin@equinetafrica.org
--
Moses Mulumba
mailto:mulumba_moses@yahoo.com