PHM-Exch> Constitutional provisions for the right to health in east and southern Africa

[Claudio Schuftan]

   From:    mulumba_moses at yahoo.com


  *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 *

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