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Beyond social programs : The right to health under the African Charter on Human and Peoples' Rights’

Title data

Kaime, Thokozani:
Beyond social programs : The right to health under the African Charter on Human and Peoples' Rights’.
In: East African Journal of Peace & Human Rights. Vol. 10 (2004) Issue 2 . - pp. 192-205.
ISSN 1021-8858

Abstract in another language

In contemporary human rights discourse, economic, social and cultural rights are generally distinguished from civil and political rights. Although international players have adopted the mantra that both sets of rights are interdependent, interrelated and of equal importance, in reality, human rights discourse and practice has historically and traditionally treated economic, social and cultural rights as if they were less important than civil and political rights. This paper rejects this hierarchical treatment of economic, social and cultural rights and stresses that the right to health, which has traditionally been recognized as a 'classical economic and social right', creates both positive and negative duties. The analysis of the right on this basis gives it conceptual clarity and precision in terms of meaning, content, entitlement and State party obligations. The paper demonstrates that by sidestepping the differential treatment respecting civil and political rights on the one hand, and economic, social and cultural rights on the other, the African Charter on Human and Peoples' Rights falls within an unorthodox paradigm. It thus provides a robust framework for the concretization of the right to health. This innovation enabled the Charter to transcend popular discourse and move the discussion beyond the artificial distinctions between the so-called categories of rights.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies > Chair African Legal Studies - Univ.-Prof. Dr. Thokozani Kaime
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 10 Jul 2020 07:56
Last Modified: 13 Jul 2020 08:06
URI: https://eref.uni-bayreuth.de/id/eprint/55670