Analysing the Role of Courts in the Realisation of the Right to Health in Uganda
Loading...
Date
2025-05-26
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Uganda Christian University
Abstract
This dissertation analyses in detail the manner in which Courts facilitate the attainment and enforcement of the health right in Uganda. The regional and International legal instruments observe the right to health, but unfortunately Uganda’s Constitution does not bound the country to provide the best possible standard of health. Through the use of significant rulings and public interest litigation, this study examines how well judicial systems address international and Constitutional health rights. It also looks into how infrastructure, poverty, government, the legal and illegal healthcare systems interact to influence health outcomes. A comparison with the legal frameworks of Kenya, South Africa and Nigeria reveals the possibilities and limitations of judicial activism in enhancing health equity. This research relies on qualitative method with secondary data, case law, and doctrinal legal analysis. The findings indicate that despite the fact that Ugandan courts have enhanced opinion rights to health, there is inadequate expertise within the judiciary, weak enforcement mechanisms, and poor funding which restrict full realization of health rights. The dissertation concludes with policy and legal recommendations aimed at enhancing the adjudication and actual enforcement of health rights in Uganda. Some of these suggestions include a Constitutional change, judicial education on health law, heightened public education, enhanced healthcare funding, and stronger general healthcare economics.