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