Bibliography

Theme area
Values, policies and rights
Author
Centre for Health, Human Rights and Development (CEHURD)
Title of publication EQUINET Discussion paper 118: Comparative review: Implementation of constitutional provisions on the right to healthcare in Kenya and Uganda
Date of publication
2019 March
Publication type
Report
Publication details
Comparative review: Implementation of constitutional provisions on the right to healthcare in Kenya and Uganda’, EQUINET Discussion paper 118, CEHURD, EQUINET: Uganda and Harare.
Publication status
Published
Language
 
Keywords
constitution; health rights; Kenya; Uganda
Abstract
This discussion paper is produced by the Centre for Human Rights and Development (CEHURD) as part of the theme work on health rights and law of the Regional Network for Equity in Health in East and Southern Africa (EQUINET). The paper examines the implementation of constitutional provisions on the right to healthcare in Kenya and Uganda, two countries in East Africa. It aims to identify factors and mechanisms that have facilitated implementation of constitutional provisions on the right to healthcare, including how the constitutions were developed and framed. It compares implementation in Kenya, where the right to healthcare is explicit in their 2010 Constitution, and in Uganda, where the right to healthcare is implicit in the National Objectives and Directive Principles of State Policy. The paper draws on two EQUINET case studies on implementation of constitutional provisions on the right to health, one each in Kenya and Uganda, published in 2018, a 2017 regional workshop that discussed the implementation of constitutional provisions on the right to health, and additional review of published literature. It presents a thematic analysis of the findings from the two case studies in terms of the judicial, political and popular implementation mechanisms, exploring further the factors and mechanisms that have facilitated or blocked their implementation. As the two constitutions address the right to healthcare differently, this analysis of their application provides insights into the factors and mechanisms for practice that may be useful in other settings.
Country
Uganda
Publisher
 
Equinet Publication Type
Discussion paper