The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation (original) (raw)
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In 2001 the African heads of state met in Abuja and agreed to allocate a minimum of 15 per cent of their budgets to health care in order to meet the needs of their citizens and towards the achievement of better health. However, this does not take into account the specific health sector spending decisions and health equity within a state’s population. This paper attempts to make a first analysis of the terms progressive realization and state responsibility in the context of health equity. The difficulties in conceptualizing and achieving human rights and health will be canvassed. The paper will finally focus on the Kenyan state’s duty and responsibility in progressively achieving health in the context of article 43 of the Kenyan Constitution of 2010, which includes health care and services under state responsibility and article 172 which maintains a strong state control on finances. The result of which is while there is a strong health equity based constitutional provision, the 2013/2014 national budget did allocated only 5.9% of the state budget to health underscoring the need to make a stronger link between state responsibility as evidenced through the fiscal regime and progressive realization. Article on pages 127-142.
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