The right to the highest attainable standard of health imposes a range of immediate and progressive obligations

Topic: The right to the highest attainable standard of health imposes a range of immediate and progressive obligations.These make it challenging for courts to apply that right in cases before them in such a way as to ensure its effective protection. Discuss.

Paper details:

Discuss with reference to at least two jurisdictions. Only one of those jurisdictions may be South Africa: Soobramoney v Minister of Health (Kwazulu-Natal) (CCT32/97) [1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) BCLR 1696 (27 November 1997) South Africa: Minister of Health and Others v Treatment Action Campaign and Others (2002) AHRLR 189 (SACC 2002) or India: Paschim Banga Khet Mazdoor Samity & Ors v State of West Bengal & Anor. Cited as: (1996) AIR SC 2426/ (1996) 4 SCC 37 | ESCR-Net; Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors, W.P.(C) Nos. 8853 of 2008 | ESCR-Net The MAXIMUM number of pages for an assessed essay is 10 single-side pages. Verdana font 10, double-spaced, referencing style: OSCOLA This number does not include the (mandatory) title page and bibliography, which should be numbered separately from the main text. The limit of 10 pages applies to the pages of the main text (which must be numbered consecutively from page 1), and includes any footnotes and/or endnotes. It is not expected that an assessed essay will include any acknowledgements, table of abbreviations, cases, treaties, statutes, or other documents. It is unlikely that an assessed essay will involve appendices. Should they prove necessary, appendices (clearly marked as such and again numbered separately from the main text) are also excluded from the 10-page limit provided they merely reproduce relevant materials and/or data.