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An analysis of Ghana's obligation to progressively realise the right to health

Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.

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Other Authors: Durojaye, Ebenezer
Format: Thesis
Language:English
Published: University of Pretoria 2025
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access_status_str Open Access
author2 Durojaye, Ebenezer
author_browse Durojaye, Ebenezer
author_facet Durojaye, Ebenezer
collection Thesis
dc_rights_str_mv © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:38.583Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/100712 An analysis of Ghana's obligation to progressively realise the right to health Durojaye, Ebenezer dorcas21ameonu@gmail.com Ruhweza, Daniel Ronald Ameonu, Dorcas Eli UCTD Sustainable development goals (SDGs) Right to health Maximum available resources principle Progressive realization of socio-economic rights Health budgeting Minimum core obligations Health financing Universal health coverage (UHC) Justiciability of socio-economic rights Domestic health expenditure Abuja declaration Principle of non-discrimination Healthcare inequality Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. The background of this research stemmed from concerns about the realisation of socio-economic rights in Ghana. Article 2(1) of the International Covenant on Economic, Social, and Cultural Rights mandates that ‘state parties undertake to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures’. This study demonstrates that the real test for the implementation of all human rights is not limited to legislative measures but includes the commitment of governments to put in place mechanisms to achieve the progressive realisation of human rights. These mechanisms may take the form of legal policies, executive actions or economic policies. The proposition of this study is that after thirty-one years of stable democratic governance in the Republic of Ghana, the judiciary and successive governments have demonstrated their commitment to the realisation of civil and political rights within Chapter 5 of the 1992 Constitution by declaring them to be directly justiciable and ordering state apparatus to commit financial resources towards their realisation, such as the right to vote. However, much is left to be desired within the branch of socio-economic rights, such as the right to adequate housing and the right to health. Regarding the right to health, successive governments have admitted to issues of adequate funding to expand universal healthcare coverage in Ghana as well as allocate continuous expenditure towards the health sector. It is for this reason that this study seeks to assess the progressive realisation of the right to health particularly within the areas of justiciability (legislative measures) and domestic expenditure (economic policies) towards the health sector. This is to evaluate Ghana’s compliance to utilise its available resources in a manner that ensures that healthcare is available, accessible, of high quality and acceptable to every Ghanaian and individual living in Ghana. Centre for Human Rights, University of Pretoria Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws SDG-03: Good health and well-being SDG-08: Decent work and economic growth SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions 2025-02-11T13:38:49Z 2025-02-11T13:38:49Z 2025-04 2024-11 Dissertation * A2025 http://hdl.handle.net/2263/100712 https://doi.org/10.25403/UPresearchdata.19029833.v2. en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Sustainable development goals (SDGs)
Right to health
Maximum available resources principle
Progressive realization of socio-economic rights
Health budgeting
Minimum core obligations
Health financing
Universal health coverage (UHC)
Justiciability of socio-economic rights
Domestic health expenditure
Abuja declaration
Principle of non-discrimination
Healthcare inequality
An analysis of Ghana's obligation to progressively realise the right to health
title An analysis of Ghana's obligation to progressively realise the right to health
title_full An analysis of Ghana's obligation to progressively realise the right to health
title_fullStr An analysis of Ghana's obligation to progressively realise the right to health
title_full_unstemmed An analysis of Ghana's obligation to progressively realise the right to health
title_short An analysis of Ghana's obligation to progressively realise the right to health
title_sort analysis of ghana s obligation to progressively realise the right to health
topic UCTD
Sustainable development goals (SDGs)
Right to health
Maximum available resources principle
Progressive realization of socio-economic rights
Health budgeting
Minimum core obligations
Health financing
Universal health coverage (UHC)
Justiciability of socio-economic rights
Domestic health expenditure
Abuja declaration
Principle of non-discrimination
Healthcare inequality
url http://hdl.handle.net/2263/100712
https://doi.org/10.25403/UPresearchdata.19029833.v2.