СOURT PRACTICE OF THE SOUTH AFRICAN REPUBLIC ON PROTECTION OF THE RIGHT TO HEALTH

Anastasia Belousova¹*, Alexander Belousov^2
1Dr.of International Law, RUDN-University, Russian Federation, belousova.rudn@gmail.com
²Full Professor of History, RUDN-University, RUSSIAN FEDERATION, a.belousov@rudn.ru
*Corresponding Author

Abstract

The article explores the issues regarding the protection of the right to health under the Constitutional Court of South Africa and focuses on the analysis of specific court decisions, which are an example of the good practice of the state and testify to the importance of the right to health as one of the fundamental human rights.

The purpose of the research is to study the judgments of the Constitutional Court of South Africa  that bear positive examples of judicial protection of the human right to health, which can be adopted by other states for the effective realization of the human right to health..

The research findings laid grounds for recommendations to states on judicial protection of the right to health.

The relevance of the research topic is due to the importance of the human right to health and the state’s obligations to protect this right, which is also confirmed by the fact that one of the Millennium Development Goals until 2030 (SDG 3) is dedicated to ensuring a healthy lifestyle and promoting well-being for everyone in any age.

The theoretical significance of the research stems from the fact that the a detailed analysis of court decisions of the Constitutional Court of South Africa is useful as an example of the promising practice of states regarding the  protection the right to health.

In conclusion, conclusions are drawn on the effectiveness of judicial protection of the right to health in South Africa.

Keywords: right to health, human rights, health care, judicial protection.