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(Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa

Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.

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Other Authors: Twinomugisha, Ben Kiromba
Format: Thesis
Language:English
Published: University of Pretoria 2011
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access_status_str Open Access
author2 Twinomugisha, Ben Kiromba
author_browse Twinomugisha, Ben Kiromba
author_facet Twinomugisha, Ben Kiromba
collection Thesis
dc_rights_str_mv University of Pretoria
description Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:40:20.984Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2011
publishDateRange 2011
publishDateSort 2011
publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/16766 (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa Twinomugisha, Ben Kiromba Mambulasa, Mandala D. UCTD Welfare promotion Malawi Bill of Rights Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Ben K. Twinomugisha of the Faculty of Law, University of Makerere. 2010. Malawi reverted to multiparty politics in 1993.1 A new Republican Constitution,2 (the Constitution) with a Bill of Rights was provisionally adopted on 18 May 1994 and it entered into force on 18 May 1995.3 Chapter 3 thereof deals with fundamental principles upon which the Constitution is founded and Principles of National Policy (PNP). Section 13(c) of the Constitution which falls under the PNP deals with health. It is to the effect that ‘the State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving adequate healthcare, commensurate with the health needs of Malawian society and international standards of healthcare’. According to section 14 of the Constitution, PNP are only directory in nature. Courts are obliged to have regard to them in the interpretation and application of the Constitution or any other law or in the determination of the validity of executive decisions. In the light of the foregoing, arguably, the right to health is not justiciable under the Constitution. http://www.chr.up.ac.za/ Centre for Human Rights LLM 2011-06-09T13:12:34Z 2011-06-09T13:12:34Z 10-Oct Mini Dissertation * Mambulasa, MD 2010, '(Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa', University of Pretoria, Faculty of Law, Centre for Human Rights. http://hdl.handle.net/2263/16767 en LLM Dissertations Centre for Human Rights University of Pretoria application/pdf University of Pretoria
spellingShingle UCTD
Welfare promotion Malawi
Bill of Rights
(Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title_full (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title_fullStr (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title_full_unstemmed (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title_short (Non)-regulation of the health insurance industry and its potential impact on the rights to health and life : a comparative analysis of Malawi and South Africa
title_sort non regulation of the health insurance industry and its potential impact on the rights to health and life a comparative analysis of malawi and south africa
topic UCTD
Welfare promotion Malawi
Bill of Rights
url http://hdl.handle.net/2263/16767