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Litigating the Right to Health Before the African Commission on Human and Peoples’ Rights: The Record so Far

Litigating the Right to Health Before the African Commission on Human and Peoples’ Rights: The... LITIGATING THE RIGHT TO HEALTH BEFORE THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS: THE RECORD SO FAR * 1. Introduction The African Commission on Human and Peoples' Rights (hereinafter "the African Commission" or "the Commission") has held that the enjoyment of the right to health is vital to all aspects of a person's life and wellbeing, and is crucial to the realisation of all other fundamental human rights and freedoms.1 Article 16 of the Charter provides that every individual shall have the right to enjoy the best attainable state of physical and mental health and obliges state Lawyer, Africa Programme, International Centre for the Legal Protection of Human Rights, (INTERIGHTS), London, U.K. . The views expressed in this paper do not necessarily reflect those of INTERIGHTS. I would like to thank Sara Hinger who assisted with initial research for this note. I am grateful to Rachel Murray, David Geer and Iain Byrne for their useful comments on earlier versions of this article. The African Commission on Human and Peoples' Rights (ACmHPR) in Purohit and Moore v. The Gambia, (241/2001), para. 80 [herein Purohit]; See also the United Nations Committee on the Economic, Social and Cultural Rights, General http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

Litigating the Right to Health Before the African Commission on Human and Peoples’ Rights: The Record so Far

African Yearbook of International Law Online , Volume 15 (1): 129 – Jan 1, 2007

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Publisher
Brill
Copyright
Copyright 2008 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1380-7412
eISSN
2211-6176
DOI
10.1163/22116176-90000042
Publisher site
See Article on Publisher Site

Abstract

LITIGATING THE RIGHT TO HEALTH BEFORE THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS: THE RECORD SO FAR * 1. Introduction The African Commission on Human and Peoples' Rights (hereinafter "the African Commission" or "the Commission") has held that the enjoyment of the right to health is vital to all aspects of a person's life and wellbeing, and is crucial to the realisation of all other fundamental human rights and freedoms.1 Article 16 of the Charter provides that every individual shall have the right to enjoy the best attainable state of physical and mental health and obliges state Lawyer, Africa Programme, International Centre for the Legal Protection of Human Rights, (INTERIGHTS), London, U.K. . The views expressed in this paper do not necessarily reflect those of INTERIGHTS. I would like to thank Sara Hinger who assisted with initial research for this note. I am grateful to Rachel Murray, David Geer and Iain Byrne for their useful comments on earlier versions of this article. The African Commission on Human and Peoples' Rights (ACmHPR) in Purohit and Moore v. The Gambia, (241/2001), para. 80 [herein Purohit]; See also the United Nations Committee on the Economic, Social and Cultural Rights, General

Journal

African Yearbook of International Law OnlineBrill

Published: Jan 1, 2007

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