JURISPRUDENTIAL ANATOMY OF THE RIGHT TO HEALTH OF THE ELDERLY AND AGING POPULATION; CHALLENGES AND OPPORTUNITIES FOR IMPROVING HEALTHCARE FACILITIES IN AFRICA

Abstract

The right to health is a fundamental human right enshrined in various international and regional instruments, including the African Charter on Human and Peoples’ Rights. However, the realization of this right remains elusive in Africa, where inadequate healthcare facilities, poor infrastructure, and limited access to quality healthcare service persist. This paper undertakes a jurisprudential assessment of the right to health in Africa, examining the challenges and opportunities for improving healthcare facilities on the continent. The right to health is recognized as a cornerstone of human dignity and well-being. In Africa, however, the enjoyment of this right is compromised by numerous factors, including inadequate funding, brain drain, and insufficient healthcare infrastructure. The right to health is a fundamental human right enshrined in various international and regional instruments, including the Universal Declaration of Human Rights and the African Charter on Human and People’s Rights. In Africa the realization of this right remains elusive due to numerous challenges. The Africa region faces significant healthcare challenges, including inadequate infrastructure, shortage of healthcare professionals, and limited access to essential medicines. These challenges are exacerbated by poverty, inequality and poor governance. International law imposes obligations on states to ensure the progressive realization of the right to health. However, African countries face difficulties in implementing this obligation due to resource constraints and competing priorities.