Justiciability of the Right to Health in South Africa and Switzerland through the Lens of its Normative Components

In: International Human Rights Law Review
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  • 1 The University of Melbourne, Institute of Global Health, University of Geneva
  • 2 Institute of Global Health, University of Geneva

Despite the recent interest in health rights litigation, there has not yet been a study specifically addressing and comparing the justiciability of the right to health in two diverse contexts such as South Africa and Switzerland from the point of view of determining whether the essential components of the right to health under international law have been referred to in the formulation of complaints and in judgments handed down by the courts. The respective constitutional provisions incorporating the right to health as well as pertinent health rights cases were identified before analysing the similarities and differences relating to the essential components of the right to health. The findings support more frequent reference to the normative components of the right to health throughout domestic judicial proceedings in order to further the advancement and effective implementation of the right to health, not only in South Africa and Switzerland but more broadly.

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    D McQuoid-Mason, ‘Access to Justice in South Africa: Are there Enough Lawyers ?’ Onati Socio-legal Series, 3 (3), 561–579, available at: <http://ssrn.com/abstract=2272640>; S Gloppen and F Kanyongolo, ‘Courts and the Poor in Malawi: Economic marginalization, Vulnerability, and the Law’, (2007) 5 (2) International Journal of Constitutional Law 258–293.

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